INTRODUCTION Contributed by: Gary Born and Matteo Angelini, WilmerHale
Global Overview – Dispute Resolution in 2026 The global dispute resolution landscape in 2026 is dominated by macroeconomic and geopolitical fac- tors. The IMF projects global growth will slow 3.1% in 2026 as downside risks from global inflationary pressures, higher trader barriers and tariff wars have combined to create an unstable economic environ- ment. Macroeconomic instability has combined with geopolitical events, including, most recently, the out- break of war in the Middle East to intensify concerns about a global supply chain crisis and present serious concerns to businesses across the globe. This elevated economic uncertainty has led to a pro- liferation of disputes across a wide range of sectors. The areas that are seeing the most disputes are the construction, mining, transport and energy sectors where arbitration has historically been the preferred dispute resolution mechanism. Against this backdrop, it is unsurprising that most leading arbitral institutions are on track to report a record – or close-to-record – caseload over 2026. Europe London remains the world’s leading hub for inter- national dispute resolution. It is the world’s leading centre for international dispute resolution by litigation and, equally with Singapore, by arbitration, according to the Queen Mary University of London International Arbitration Survey. Equally, the English Commercial Court remains, even after Brexit, a preferred global forum for the resolution of commercial disputes as litigants value the predictability, clarity and. In Europe, one major change is the facilitation of collective or class actions. Under the Representa- tive Actions Directive, all EU member states are now required to have at least one procedural mechanism in place for consumers to seek collective redress. Recent data shows a continuous and dramatic rise in class actions being filed in Europe in recent years, with 97 class actions filed in 2024 for a value well in excess of EUR380 billion, an 800% increase in value since 2020. The UK has experienced a similar relentless growth in class actions. According to one recent survey, up to the end of 2024, competition class actions involving
over 655 million class members were filed in the UK, with claimed quantum now exceeding GBP155 billion. One of the largest sets of proceedings before the Eng- lish courts is the Pan-Nox Emissions Group Litigation (also known as “Dieselgate”), involving claims against in excess of 2,000 retailers and finance companies as well as against different vehicle manufacturers. In Europe, a number of EU member states continue to seek to attract litigation cases that traditionally go to the English courts. France and the Netherlands have created their own specialist commercial courts where judges have experience in private international law to cater to international disputes and proceedings can be conducted in English. Germany has also estab- lished English-speaking commercial courts, and Swit- zerland is taking similar steps. Starting from 1 January 2025, cantons in Switzerland have been permitted to establish international commercial courts where pro- ceedings can be conducted in English. To date, however, these continental courts have seen modest activity, while London continues to attract record-breaking volumes of litigants from across the globe. Middle East and Asia The establishment of international-facing courts in Europe follows an earlier trend in the Middle East and Asia. In the UAE in particular, the Courts of the financial free zones of the Dubai International Financial Centre and Abu Dhabi Global Market and the Qatar International Court are starting to rival London as the commercial court of choice for many international litigants. Else- where in Asia, the Singapore International Commercial Court, Bahrain International Commercial Court, the Astana International Financial Centre Court and the China International Commercial Court all specialise in the resolution of cross-border commercial disputes and, for the most part, use English as the language of proceedings. Cases in these courts are often decid- ed by senior judges and lawyers drawn from multiple jurisdictions (except in the China International Com- mercial Court, where the judges are exclusively Chi- nese).
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