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Oral Evidence Series Part 5: How Does Oral Evidence Differ in Arbitration Proceedings compared to Court?
Leyla Maestri
Two recent publications, the Law Society’s International Data Insights Report 2025 and Queen Mary University’s (“QMU”) International Arbitration Survey, analyse statistics concerning international arbitration and reaffirm London’s leading role in global dispute resolution.
English law: a preferred choice for global disputes
The Law Society’s report highlights the continued preference for English law as the governing law of choice in international arbitration.
It is unsurprising that English law governs most contracts submitted to LCIA arbitration with 78% of LCIA cases in 2024 governed by English Law. It is also most frequently selected at the ICC (15%) followed by Swiss law (7.2%). In other international arbitral institutions such as the SIAC, SCC, and HKIAC, English law normally ranks second after local law.
The reasons for choosing English governing law include: its commercial clarity, robust jurisprudence, predictability and English often being a commonly spoken language for parties in cross-border transactions.
London: the leading seat of arbitration
The QMU survey confirms that London remains the preferred seat of arbitration worldwide, chosen by 34% of respondents. This is a significant lead over other major centres such as Paris and New York. Concerns raised in the 2018 survey regarding the impact of Brexit on the choice of London as a seat appear in hindsight to have been overstated. The city's appeal lies in its reliable track record in upholding arbitral awards, consistent pro-arbitration approach and the efficiency of the judiciary.
The London Commercial Court also plays a key role in reinforcing this reputation. According to the Law Society’s data, the court continues to deliver efficient outcomes, with over half of contested trials completed within four working days.
Trends shaping the future of arbitration
The QMU survey identifies several emerging themes:
- Efficiency and procedural reform: Users are increasingly focused on time and cost efficiency, with calls for more streamlined processes and proactive case management.
- Technology and AI: There is growing acceptance of AI tools in arbitration, particularly for document review, case prediction, and procedural automation.
- Transparency vs confidentiality: While confidentiality remains a cornerstone of arbitration, there is a rising interest in transparency, especially in investor-state disputes and cases involving public interest.
Conclusion: a strong position with room to evolve
The findings from both reports reinforce London’s status as a global leader in arbitration and the enduring appeal of English law. However, they also point to areas where the arbitration community must continue to evolve.
As arbitration continues to adapt to the demands of international commerce, London and English law are well-positioned to remain at the forefront, provided they continue to innovate and respond to the needs of users.
About the author
Mark is a Senior Associate in the Dispute Resolution team and has particular expertise in international arbitration.
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