In brief
- Political instability, sanctions and shifting regulatory regimes are prompting families, founders and family offices to reassess where future disputes will be best resolved.
- London remains a leading forum for cross-border disputes, offering judicial independence, isolation from political and sovereign influence, a predictable procedural framework, sophisticated interim remedies and robust international recognition and enforcement prospects.
- Securing London as a dispute resolution forum requires proactive structuring by way of exclusive jurisdiction and governing law clauses, and early, focussed and strategic jurisdictional advice once a dispute emerges.
- Tools such as the "anchor defendant" principle and Chabra orders allow the English courts to reach foreign co-defendants and hidden assets, strengthening London's appeal and power as a forum for families, founders and family offices who find themselves engaged in a dispute with an international dimension.
- Recognition and enforcement of judgments and awards issued under English law is unavoidably shaped by the state of geopolitical relations, but even in a volatile landscape, English judgments and awards remain widely recognised.
Among the leading global centres, London continues to offer a compelling venue for resolving complex cross-border disputes. Summarising the 2026 International Data Insights report, the Law Society concluded in its 22 September 2026 Press Release that "London remains an international legal heavyweight." It noted that in 2024-2025 the London Commercial Court delivered almost twice as many judgments as its closest competitor, Dubai, and more than twice as many as New York. As for arbitration, 96% of the caseload handled by the London Court of International Arbitration involved at least one non-UK party, underscoring London's international appeal.
For private clients and family offices with international interests, disputes rarely respect jurisdictional boundaries. Assets, counterparties and structures often span multiple legal systems, making careful thought about forum an essential part of political, regulatory and dispute risk management.
In an increasingly turbulent geopolitical environment, it is clear that the advantages of London remain relevant and important. The English courts are widely regarded for their independence, predictability and procedural rigour. The availability of specialist, impartial judges, coupled with sophisticated interim remedies - including worldwide freezing injunctions and disclosure orders - can be critical in asset preservation and ensuring that relevant evidence is identified and obtained.
Securing London as the forum requires strategic thinking and proactive structuring. The most effective mechanism remains a carefully drafted jurisdiction clause, preferably exclusive, supported where appropriate by an English governing law clause. Attention should also be given to the choice between litigation and arbitration; while arbitration offers confidentiality, litigation in London provides more effective interim relief and, if necessary, review by an appellate court.
Beyond contractual drafting, strategic considerations arise at the first sign of dispute. Issues such as where proceedings are first issued, the risk of parallel litigation, and the application of jurisdictional gateways all demand swift and coordinated advice. In some instances, a well-timed application in the English courts - combined with ancillary relief such as a freezing injunction and disclosure orders - can decisively influence where the substantive dispute is ultimately heard.
One often underappreciated tool is the so-called 'anchor defendant' principle. Where at least one defendant is domiciled or incorporated in England, the English courts may accept jurisdiction over foreign co-defendants on the basis that they are a necessary and proper party to the same claim. Where a holding entity, trustee or subsidiary company in England sits alongside foreign-domiciled entities, this can be a powerful means of bringing an entire international dispute within the English court's reach.
'Chabra orders' are another powerful tool offered by the English Court to Claimants who are seeking to protect or take action against international assets which may be 'hidden'. Chabra orders provide a way for Claimants to freeze assets held by a third party or a non-party, if there is sufficient evidence that those assets are beneficially owned or controlled by a primary defendant.
It goes without saying that private clients and family offices with international interests should be alive to the risks posed by evolving geopolitical and regulatory landscapes. When political conditions shift, families and founders may need to reconsider where wealth is held, where businesses are based, and whether governance structures are robust enough to withstand instability. Those challenges frequently form the basis for family business and succession planning, and family governance strategies - and they make the choice of a stable, predictable forum for dispute resolution all the more important.
Against that background, enforcement remains a critical piece of the dispute resolution puzzle: a judgment obtained in London must ultimately be effective against the relevant assets, wherever they may be situated.
Generally, English court judgments and arbitral awards enjoy wide recognition and enforcement internationally. The UK is party to a range of bilateral and multilateral international treaties and agreements with other jurisdictions which facilitate enforcement. In certain other jurisdictions, English court judgments may be enforced under the principle of reciprocity - largely responsive to the state of geopolitical relations. As far as arbitration is concerned, the UK is a signatory to The New York Convention, which ensures that arbitral awards made within its jurisdiction can be recognised and enforced in 172 countries. The 2019 Hague Judgments Convention, which entered into force across the UK on 1 July 2025, provides a robust, reciprocal framework for the recognition and enforcement of judgments between the UK and other contracting states, giving clarity and comfort following the UK's exit from the EU.
Nonetheless, careful planning must be undertaken at the outset of any international litigation or arbitration commenced through the London courts or arbitral institutions, to map out a comprehensive enforcement strategy, including taking appropriate advice from local lawyers on enforcement regimes and remedies in their jurisdiction.
In practice, deploying these powers and tools to achieve the best outcomes depends on close collaboration between those designing wealth and investment structures and those experienced in contentious dispute resolution and enforcement practices. London remains uniquely well served by top-calibre practitioners who combine deep expertise in commercial litigation, international arbitration, and other forms of dispute resolution, with a pragmatic understanding of the realities of complex, international wealth structures and private wealth concerns. Early engagement with advisers who can navigate both the technical jurisdictional landscape and the sensitivities of high-value, often personal disputes, can be determinative of success.
For families, founders and family offices navigating an increasingly volatile political and regulatory environment, the message is clear: forum selection is not simply a procedural matter but a strategic advantage. Securing London as the forum, or seat, for dispute resolution through commercial foresight, well-crafted dispute resolution clauses and timely advice from trusted local advisers, can significantly enhance a party's position in the conduct of international disputes and, ultimately, improve the prospects of a successful outcome, whatever the prevailing political climate.
How Mishcon de Reya can help
Our Private disputes and international litigation team, led by Janet Tobin, regularly advises families, founders and family offices on securing and making the most of London as the forum for cross-border disputes - from structuring effective jurisdiction and governing law clauses in agreements, to leveraging the effective toolkit of remedies that English legal procedure offers litigants, and pursuing enforcement strategies across multiple jurisdictions. If shifting political or regulatory conditions are affecting your family's – or your company's - structures, wealth or disputes, please get in touch with Janet Tobin or a member of the team.