INDUSTRY-ANALYSIS

Third-Party Arbitration Funding: Turmoil and Growth in 2025

A March 2026 article discusses the turbulent year for third-party arbitration funding in 2025, noting industry consolidation and a significant fraud suit. Despite challenges, the sector saw continued international arbitration claims, with 7% of new ICSID cases in 2025 involving funders.

Global Regulation Diverging, Impacting Companies

A recent analysis suggests global regulation is moving towards divergence rather than convergence, creating new risks and strategic friction for multinational companies. This trend impacts areas like sustainability, AI, data protection, and antitrust, increasing compliance burdens and providing new leverage for activist investors.

EU Proposes Industrial Accelerator Act with "Made in EU" Requirements

The European Commission has proposed the Industrial Accelerator Act (IAA) to bolster the EU's industrial base and boost demand for EU-manufactured products. The act introduces "Made in EU" requirements across strategic sectors, aiming to reduce dependencies and increase manufacturing's share of EU GDP.

Proposed Rule on Section 5949 NDAA Chip Supply Chain Ban

The FAR Council has issued a proposed rule to implement Section 5949 of the NDAA, clarifying prohibitions on certain Chinese semiconductor products and services in federal procurements. The rule aims to enhance supply chain security for government contractors and applies broadly to all federal acquisitions.

EC Seeks Technical Advice on Taxonomy Regulation Disclosures

The European Commission has requested technical advice from the European Supervisory Authorities (ESAs) on key performance indicators (KPIs) for the Disclosures Delegated Act under the Taxonomy Regulation. The EC aims to review and simplify taxonomy reporting, with advice due by October and potential amendments targeted for Q1 2027.

Australia Inbound M&A Volume Highest in Decade

Australia experienced its highest inbound M&A volume in over a decade during 2025, with 445 deals announced by overseas bidders. The total inbound deal value reached US$45.8 billion, a 47 percent increase from the previous year, driven by strong activity in the energy, mining, and utilities sectors.

Global Antitrust Enforcement Report Analysis

A&O Shearman has published a global antitrust enforcement report analyzing trends across over 30 jurisdictions. The report highlights a significant increase in cartel fines, reaching USD3.3 billion in 2025, and increased scrutiny of digital markets and investigative powers.

Podcast: UK vs. U.S. Investment Screening Regimes

Wiley Rein LLP published a podcast discussing the differences between the UK's investment screening regime under the National Security and Investment Act and the U.S. CFIUS program. The podcast features insights on evolving national security concerns and practical advice for businesses involved in cross-border investments.

EU to Provisionally Apply EU-Mercosur Trade Agreement Pending CJEU Opinion

The European Commission announced it will provisionally apply the EU-Mercosur Interim Trade Agreement (iTA) despite the European Parliament's request for a Court of Justice of the EU opinion. This follows ratification by Argentina and Uruguay, with provisional application potentially starting in May 2026.

OFAC and BIS Guidance on Cuba Oil Exports

The U.S. OFAC and BIS have issued new guidance on oil-related transactions involving Cuba. OFAC announced a favorable licensing policy for specific resales of Venezuelan oil to Cuba, while BIS clarified the use of License Exception SCP for U.S.-origin petroleum exports. The guidance aims to support the Cuban people and private sector while restricting dealings with government entities.