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25 July 2019 / Barry Fletcher
Issue: 7850 / Categories: Features , Arbitration , Commercial , Profession
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International arbitration: a post-LIDW reflection

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What are the current challenges for international commercial arbitration in London & beyond? Barry Fletcher reflects on some of the issues

Energetic discussion regarding the current state and future of international commercial arbitration was at the heart of this May’s inaugural London International Disputes Week (LIDW). Drawing on some of the event’s key themes, I have set out to demonstrate that while London arbitration faces some particular challenges to its continued success, the most significant issues facing this form of dispute resolution are not exclusive to London or, indeed, any single seat of arbitration.

What can data tell us?

First, let’s consider one barometer of health: arbitration caseload statistics. As my colleague James Clanchy examined in a recent article (‘Arbitration statistics 2018: London bucks downward trends’, LexisNexis DR Blog, 20 June 2019), an analysis of 2018 statistics from six major international arbitral bodies—the HKIAC, the ICC, the LCIA, the LMAA (not an arbitral institution but an association of arbitrators who conduct arbitrations under its ad hoc procedure rules),

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MOVERS & SHAKERS

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Bellevue Law—Lianne Craig

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Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

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IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

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Banking and restructuring team bolstered by insolvency specialist

NEWS
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NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
NLJ this week: Finality trumps freedom in arbitration showdown
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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