International commerce is undergoing a period of rapid, sometimes tumultuous, change. Globalisation has created new markets, new technologies, new competition and, with them, increased demand for effective mechanisms to resolve international disputes. At the same time, some of globalisation’s champions, the USA and the UK in particular, show signs of turning towards protectionism. International litigation reflects these contradictory trends.

In Europe, the United Kingdom’s decision to leave the EU (and the uncertainty about when, how, or if that decision will be implemented) has led some to question London’s continued dominance as a centre for cross-border disputes. The recognition of judgments in EU member states is governed

by the recast Brussels Regulation and, at the time of writing, there is still uncertainty as to how this regulation will be replaced in the long term if the UK leaves the EU. That uncertainty may already be having an effect. In a 2018 survey of businesses, Thomson Reuters found that 35% of respondents had already changed contracts so that disputes would be heard in EU courts rather than English courts.

Originally published in Chambers Global Practice Guide, Second Edition 2019.