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Choice of Forum– Arbitration and Commercial Courts

Distilling Disputes Series | February 6, 2023

Presented by Fried Frank’s Disputes team, the Distilling Disputes series uses data and graphics to draw out the strategic issues which clients face when litigating disputes in the English Courts and in international commercial and investment arbitration.

The eighth edition sets out some of the key considerations when negotiating dispute resolution clauses in commercial contracts. In particular, we explore popular choices of forum and the relative numbers of claims issued. We use data to analyse some of the key factors which influence the choice between English court and arbitration proceedings, and whether perceived differences are real. Finally, we examine empirical data around choice of governing law, seats of arbitration and arbitral rules. Please find our eighth edition here.

This communication is for general information only. It is not intended, nor should it be relied upon, as legal advice. In some jurisdictions, this may be considered attorney advertising. Please refer to the firm’s data policy page for further information.