Why choose English law and England as the jurisdiction to resolve your business dispute?
A report prepared by the Law Society shows how England* is a hub for international litigation.
It is not only businesses / investors in England that can bring an action in the English courts.
Individuals / business entities which have their interests partially in or even wholly outside of the UK often agree that the English courts shall have jurisdiction over any dispute arising out of their relationship, with the laws of England governing the terms of the contract.
For parties wanting to be bound by such an agreement, a jurisdiction clause and choice of law clause should be included in contractual terms agreed between parties, and thought should be paid to whether or not exclusive jurisdiction is given to the English courts.
Why choose England and Wales?
- There is a long-established justice system, with judges and arbitrators which are highly regarded as being impartial and independent, robust and outside the scope of political and other influences which may affect their decision-making.
- The law is considered neutral and fair.
- English is a global language used by many businesses in their contracts.
- The English courts are known to be adaptable and able to evolve to support fast-changing industries and new areas of commercial activity.
- Winning parties can recover their legal costs.
- Parties can obtain swift interim relief (e.g. prohibitive and mandatory injunctions).
- English law, to a great extent, relies on precedents set by judges in earlier cases, and so there is a level of predictability.
- There are no jury trials for commercial matters.
- Solicitors and barristers are heavily regulated, and have duties to act in their clients best interests.
Some stats
England is the second largest market for legal services in the world (contentious and non-contentious combined).
Litigants from outside of the UK made up around 65% of the litigants in cases between April 2023 and March 2024 in the English courts, with over 80 nationalities represented.
The value of UK legal services that were exported in 2022 was over £7 billion, up £1 billion from 2018.
The London Commercial Courts saw 212 judgments handed down in 2022/2023, with the New York Commercial Division being the court with the closest number of judgments albeit significantly less: 130, followed by the Dubai International Financial Centre (DIFC) Civil and Commercial Division handing down 87 judgments in the same period.
The facts show that businesses are increasingly choosing England as a trusted forum.
Instructing Saunders Law to act in proceedings in England
We regularly act for individuals and businesses located overseas (e.g. the Middle East, Asia, Europe, USA) and bring / defend actions worth £hundreds of thousands, and £multi-millions in the High Court of England.
We are adept at advising on commercial disputes, seeking to resolve them using alternative dispute resolution, and where that is not feasible or otherwise possible, then pursuing a claim / defence through the courts to obtain a just outcome; and through appeal where necessary.
Current clients of ours are based in: India, Inner Mongolia, USA, Italy, Germany.
Litigation is rarely welcomed, and usually a last resort. As well as being experts in English law, we provide commercial and pragmatic advice to our clients. We know the English legal system and advise our clients on procedures, risks and potential outcomes so that they can make informed business decisions.
Contact our Commercial Litigation & Dispute Resolution team here
*where we refer to ‘English’ or ‘England’ in relation to law, jurisdiction and courts, we are referring to ‘England & Wales’ and’ English & Welsh’ accordingly.