A recent article in the national press[1] highlights how European jurisdictions are facing mounting challenges, from budget restrictions to judicial inefficiencies. As litigants navigate these hurdles, the question arises: which jurisdiction remains reliable? Despite its own evolving legal landscape, England and Wales continues to stand out as a premier international jurisdiction, offering predictability, expertise, and a well-established rule of law. 

Challenges across European jurisdictions

European jurisdictions are grappling with a range of issues, including multi-level administrative complexities, delays, funding cuts, and enforcement difficulties. These challenges were also noted in the European Commission for the Efficiency of Justice (CEPEJ) 2024 report. Businesses operating across multiple jurisdictions should therefore be mindful of the importance of strategic planning and legal expertise when considering issues of jurisdiction and the management of litigation risk.

England and Wales: a stronghold 

While England and Wales is not immune to challenges (as we mention in our previous article), it continues to offer distinct advantages that reinforce its status as a leading jurisdiction for international commercial litigation. The judiciary is renowned for its independence and expertise, ensuring fair and predictable outcomes. The legal framework is well-developed, providing clarity and consistency for businesses and individuals alike. Furthermore, the jurisdiction remains a hub for international dispute resolution, with London being a preferred venue for arbitration and litigation.

England and Wales has demonstrated resilience in adapting to legal and economic shifts. The jurisdiction is embracing technological advancements in legal practice and streamlined court procedures, maintaining a commitment to digital reform. For example, over 4.1 million cases have been digitally submitted since April 2019[2], and last month, judicial guidance was published highlighting the availability of Microsoft’s AI tool, Copilot Chat, for judicial office holders. These factors contribute to its continued appeal as an innovative and reliable forum for resolving complex disputes.

You can have your say!

Despite the challenges faced by European jurisdictions, England and Wales remains a premier international jurisdiction. Its strong legal foundations, judicial expertise, and adaptability ensure that it continues to be a preferred choice for commercial litigation and dispute resolution. 

However, we are keen to hear your views. Have your say as to which jurisdiction really is the most suitable for resolving disputes by taking our quick survey available here.

[1]Broken Justice: how Europe let its courts decay

[2]Modernising courts and tribunals: what we’ve achieved and learned – Inside HMCTS