Dispute Resolution and the Shift from Risk to Uncertainty: Navigating Ambiguity in New EU Digital Regulations
As all transactions become digital, any involvement with EU users-even minor-triggers complex compliance risks, shifting the landscape from predictable “risk” to broader “uncertainty.” Compliance now dominates, reducing litigable individual rights and increasing disputes, but with a trend toward alternative and online dispute resolution (ADR/ODR). Traditional contract and litigation strategies are less effective, as mandatory compliance overrides forum or law choices. Future disputes will increasingly involve digital elements, requiring new approaches and cooperation between parties, especially regarding AI, data, and cybersecurity. Litigation will not decrease, but its nature will fundamentally change, demanding innovative risk management in international commercial litigation.