Abstract

Quantum computing is emerging as one of the most consequential technological developments of the coming decades, yet its implications for international dispute resolution remain largely unexplored. This article examines the development of quantum computing, its accelerating commercialization, and the legal disputes likely to arise as quantum technologies reshape global industries.

Unlike AI, which accelerates existing classical computing processes, quantum computing transforms computation at its most fundamental level, enabling calculations impossible for our current computers. As most computer users have come to learn, AI is software that enables computers to process, analyze, and predict information in ways that mimic aspects of human intelligence. Quantum computing, by contrast, transforms computation at its foundation using atoms, electrons, or other subatomic particles to perform calculations that our current computers cannot accomplish regardless of how sophisticated the AI software may be. Thus AI primarily affects how disputes are analyzed and resolved, while quantum computing will affect the types of disputes that arise. This distinction matters for the legal practice and dispute management: AI is already shaping how lawyers work, while quantum computing will reshape the underlying industries and infrastructure from which disputes arise.

Private venture investment is surging, and the United States, the European Union, and China have collectively committed tens of billions of dollars to national quantum programs. Commercial applications are emerging across industries including materials, pharmaceuticals, finance, cybersecurity, defense, logistics, and telecommunications, each sector generating its own distinct categories of dispute.

For arbitration practitioners, the stakes are substantial. Quantum advances will generate complex cross-border disputes involving intellectual property, cybersecurity liability, investment treaty obligations, and regulatory compliance. International arbitration, with its flexibility, neutrality, technical adaptability, and global enforceability, is positioned to serve as the primary forum for resolving the disputes of the quantum era. The article prepares practitioners for a quantum future that has already arrived.