Our Partner Prof. Nazareth Romero, FCiarb develop her latest article in El Economista – Iuris & Lex Buen Gobierno y ESG Nº 96, Director Xavier Gil Pecharromán
https://www.eleconomista.es/opinion/noticias/13732225/01/26/orden-economico-y-cadenas-de-suministro-el-valor-del-arbitraje.htmlThe International Maritime Organisation reports that two international environmental treaties, specifically the Ballast Water Management Convention, in force since 2017, and the Anti-Fouling Systems Convention, in force since 2008, had achieved more than 100 ratifications by December 2025, covering more than 93% of the world’s merchant tonnage. These regulations govern ballast water management and require ships to manage their ballast water and sediments through ship-specific plans, including operational practices, record keeping and certification, to achieve a mandatory discharge standard. They also prohibit hull coatings that damage marine ecosystems and ban the use of anti-fouling paints containing certain harmful substances, used on ships to prevent organisms such as algae and molluscs from attaching to the hull, which can damage marine life and ecosystems. In addition, last autumn 2025 saw the opening of the China-Europe Arctic sea route and progress in the European Union-Mercosur Agreement. This certainly makes us think about the redefinition of the new international economic order and global supply chains in the context of geopolitical tensions. In this regard, international arbitration, as a preventive mechanism within contracts, provides value in terms of regulatory compliance.
Maritime trade is governed by efficiency and cost, together with elements of sustainability, resilience and geopolitical alignment. The EU-Mercosur Agreement integrates the 2030 Agenda, raises ESG standards and establishes graduated dispute resolution mechanisms, reinforcing good faith and legal predictability. Arbitration is consolidating its position as a tool for global trade governance, key to managing complex disputes arising from environmental, regulatory and contractual risks in increasingly diversified and fragmented supply chains.
The IMO’s international treaties, specifically today’s treaties on ballast water management and anti-fouling systems, mark a turning point in maritime operations. Their almost universal adoption means that environmental compliance is no longer a strategic option but a legal obligation with global reach. For maritime supply chains, this translates into greater technical requirements, investments in fleet adaptation and increased operating costs. From an arbitration perspective, these obligations create a new standard of diligence required of shipping companies, logistics operators and shippers.
Disputes are broadened by elements with a wide margin of interpretation, such as delays, damage or non-compliance, the assessment of liability arising from non-compliance with mandatory environmental standards, as well as the interaction between contractual obligations and international regulatory mandates. Global supply chains may also face risks of customs disputes, tariff classification and documentary compliance.
The Arctic sea route between China and Europe is profoundly reconfiguring global logistics flows. The significant reduction in transit times offers competitive advantages for high-value or time-sensitive goods, coupled with an increase in operational, climatic and geopolitical risk, as well as skilful forum shopping in a contract. These drastic reductions in transit times translate into economic advantages of 20-26 days compared to 40-50 days via the Suez Canal or the Cape of Good Hope. Transit through the Arctic involves compliance with specific regulatory regimes, state permits and extreme conditions, which will increase prevention in areas such as force majeure, risk diversification allocation in the face of congestion on the usual maritime corridor routes, and adds new liability for risks of disruption, although prevention in multimodal contracts and insurance policies can at least minimise their foreseeable existence.
The EU-Mercosur agreement, as we examined in our previous Iuris & Lex Number 85 pp. 88-89, not only seeks to facilitate trade and investment, but also to protect and diversify supply chains, ensure sustainable access to strategic raw materials and promote responsible business practices. For maritime supply chains, this means adapting to stricter environmental, social and governance standards, as well as greater traceability and regulatory compliance requirements. The EU-Mercosur Agreement introduces a particularly relevant approach by providing for a graduated dispute settlement mechanism that prioritises consultation, negotiation and mediation before resorting to arbitration, in logic of cooperative conflict management based on good faith and interpretation in accordance with public international law and World Trade Organisation rules.
That is why Arbitration Today 2026 is seen as an instrument of global maritime trade governance, positioning itself as an essential pillar for managing the risks arising from the transition to sustainable maritime trade, to provide legal certainty in a context of regulatory fragmentation in order to balance economic interests with the growing environmental and social demands of the new world economic order. In view of this, there is a call for the review and creation of contracts with multidisciplinary experts who, from the Chartered Institute of Arbitrators, Ciarb, can enhance this capacity for preparation.