19042024Fri
Last updateThu, 28 Mar 2024 2pm

Legal News

Dispute numbers fall as recession fades

The total number of commercial and civil disputes resolved through arbitration, mediation and adjudication fell in the two years to 2011: from 27,110 in 2009 to 21,260. The fall was attributable to the abating of a surge in disputes in the immediate wake of recession, according to a research report published by the financial services lobby group TheCityUK. According to the report, London and the UK remain well positioned internationally in the conduct of dispute resolution.

Announcing the publication of the report, TheCityUK said: "London is the most preferred seat of arbitration and companies are twice as likely to choose English law over any other law. The new Rolls Building in London, opened in 2011, is helping to sustain the UK's reputation as the first choice for business law."

The report, Dispute Resolution in London and the UK, was sponsored by the Law Society, the Bar Council, the Centre for Effective Dispute Resolution (CEDR) and legal consultancy Jomati. In addition to providing a comprehensive gazetteer of organisations acting in the UK to provide dispute resolution, it offers an overview of the alternative dispute resolution forums offered by the UK to international organisations.

"Cases involving international parties to a dispute tend to be heard in a number of the specialised courts in the UK, notably the Admiralty Court, Commercial Court, the Technology and Construction Court and Chancery Division," the report says. "The use of these courts indicates a preference by foreign parties to litigate in the UK. Factors motivating parties to choose one of these specialist courts as the venue for dispute resolution include: specialist judges drawn from the best specialist practitioners in the field; efficiency and speed; consistent decisions; enforceable judgments; and preference for London as a location.

"These courts also have an important role with respect to arbitration claims, including: determining whether an arbitration agreement is valid; determining whether an arbitration tribunal has been properly constituted; seeking the courts' powers under the Arbitration Act 2006 to support arbitral procedure; and challenging an arbitral award."

Those factors have resulted in companies being twice as likely to choose English law over other governing laws for arbitrations. English law was chosen by 40% of companies and New York state law by 17%. The common costs of arbitrations in the rest of Europe are also 18% higher than in the UK, according a 2011 survey of 20 arbitral organisations by the Chartered Institute of Arbitrators.

• Dispute Resolution in London and the UK is the latest in a series of reports on the subject published by TheCityUK. The reports have been published biennially since 2006 and every three years prior to that.