Our thinking

2025 International Arbitration Survey – The path forward: Realities and opportunities in arbitration

In collaboration with

QMUL logo
sia logo

Introduction

Partner, Global Co-Head International Arbitration Practice Group

 

Partner, Global Co-Head International Arbitration Practice Group

The 2025 International Arbitration Survey, entitled “The path forward: Realities and opportunities in arbitration”, investigates current trends in user preferences and perceptions, and opportunities to shape the future innovation and development of the practise of international arbitration. It explores how users of international arbitration view pressing issues such as how to tackle inefficiencies, the competing interests of confidentiality and transparency in relation to disputes involving public interest issues, trends in enforcement of awards and the transformative potential of technology.

This edition saw the widest ever pool of participants (2,402 questionnaire responses received and 117 interviews conducted), almost double the number who participated in our previous survey. Views were sought from a diverse pool of participants, including in-house counsel from both public and private sectors, arbitrators, private practitioners, representatives of arbitral institutions and interest groups, academics, tribunal secretaries, experts and third-party funders. The survey provides a breakdown of some results by categories of respondents, such as by their primary role or the geographic regions in which they principally practise or operate, providing unique insight into the range of views expressed by different stakeholders across the international arbitration community.

White & Case is proud once again to have partnered with the School of International Arbitration at Queen Mary, University of London. The School has produced a study that provides valuable empirical insights into what users of international arbitration want and their expectations for the future. We are confident that this survey will be welcomed by the international arbitration community. 

We thank Norah Gallagher, Dr. Maria Fanou and Dr. Thomas Lehmann (White & Case Postdoctoral Research Associate) for their outstanding work, and all those who generously contributed their time and knowledge to this study.


Norah Gallagher

Norah Gallagher
Director, School of International Arbitration, Centre for Commercial Law Studies, Queen Mary University of London

It is fascinating to see how quickly the international arbitration community moves on. It only seems like yesterday that we were conducting a survey in the middle of a global pandemic. COVID-19 did warp our perception of time yet the speed with which things have changed since is remarkable. International geopolitics has shifted significantly, resulting in an increased awareness of challenges when arbitrating a dispute when sanctions have been imposed on either party. The responses to these questions in the survey on public interest reflect the current geopolitical status. There has been a significant increased acceptance and reliance on Artificial Intelligence (“AI”). This is perhaps one of the most surprising elements of this survey. The international arbitration community expect AI use to grow rapidly in the coming years.

This is the 14th empirical survey conducted by the School of International Arbitration, Queen Mary University of London and the sixth in partnership with White & Case LLP. We are grateful for their continued support with this important empirical research. We rely entirely on the goodwill of the international arbitration community to complete the questionnaire. This is the only way we can ensure we get the most comprehensive data. This survey involved the largest number of respondents to date with over 2,400 globally. Dr. Thomas Lehmann, our White & Case Postdoctoral Research Associate at QMUL, also interviewed 117 respondents to add colour and context to the quantitative stage.

Highlights

Survey highlights

The 2025 Survey explores a number of key international arbitration issues, including: how AI is changing the game in international arbitration, efficiency, the enforcement of arbitration awards and public interest issues (such as human rights and corporate social responsibility).

This edition saw a 97% increase in respondents from the previous survey, with 2402 questionnaire responses received and 117 interviews conducted.


87% of respondents prefer international arbitration for resolving cross-border disputes


White & Case made a donation to the Child Rights International Network for every completed questionnaire.


London top choice

London is the top choice seat overall for respondents. London and Singapore both rank among the top five seats for each of the six regions in which respondents principally practise or operate.



ICC Rules lead the way

The ICC Arbitration Rules top the ranking, with 39% of all respondents including them as one of their choices, closely followed by the HKIAC Rules and the SIAC Rules (each attracting votes from 25% of respondents).



Express lane to efficiency

Both counsel and arbitrators are responsible for behaviour that negatively impacts efficiency in arbitration. Respondents called for greater proactivity and courage from both counsel and arbitrators to address this. On enforcement of awards, the majority of respondents believe annulled awards should not be enforceable.



Keeping it confidential

Respondents are conscious of the challenge of balancing confidentiality and transparency where public interest issues may arise in arbitrations. Confidentiality remains key, particularly in commercial arbitrations not involving State parties.

Public access to arbitration

90% of respondents do not favour making hearings public in commercial arbitration

59% of respondents support publishing redacted awards in ISDS case


AI as game changer

Use of AI is expected to grow significantly over the next five years, driven by the potential for efficiencies. Principal current uses of AI include factual and legal research, data analytics and document review. AI assistance in drafting and in evaluating legal arguments is also expected to increase, but there are concerns around accuracy, ethical issues, and AI's ability to handle complex legal reasoning.

AI in international arbitration

90%
of respondents expect to use AI for research, data analytics and document review
54%
say saving time is the biggest driver for use of AI
51%
say the main obstacle is the risk of AI errors and bias

Chapters

The 2025 International Arbitration Survey questionnaire was completed by 2,402 respondents, nearly doubling the response rate from the previous survey held in 2021. This is the largest and most representative pool of participants yet.

Experiences, preferences and enforcement

Read 26 min. article
Long exposure light painting

Efficiency and effectiveness

Read 14 min. article
colorful sphere

Public interest in arbitration

Read 13 min. article
colorful sphere

Arbitration and AI

Read 16 min. article
colorful sphere

Acknowledgements

The School of International Arbitration of Queen Mary, University of London would like to thank White & Case LLP for its financial and substantive support, in particular Mona Wright,  Julie McCoy and Clare Connellan in London, who coordinated the project on behalf of White & Case and provided invaluable input. We are also grateful for the guidance of Birgit Kurtz in New York and the assistance of the White & Case Business Development, Marketing Communications and Creative Services teams.

We would further like to thank our External Focus Group for their feedback on earlier versions of the questionnaire and methodology, including (in alphabetical order): Mr. Juan Pablo Argentato (ICC), Ms. Nadya Berova (Barrick Gold Corporation), Mr. David Bigge (US Department of State), Ms. Alexandra Couvadelli (Gard), Ms. Olivia de Patoul (Le Bureau), Mr. Werner Eyskens (Crowell & Moring LLP), Ms. Caroline Falconer (SCC), Mr. Karl Hennessee (Airbus), Ms. Martina Polasek (ICSID), Dr. Veronika Korom (ESSEC Business School, Paragon) Ms. Joanne Lau (HKIAC), Mr. Luis M. Martinez (ICDR-AAA), Mr. Maxim Osadchiy (Osadchiy Dispute Resolution LLP; QMUL), Dr. Monique Sasson (Arbitra; DeliSasson), Dr. Laurence (Larry) Shore (Seladore Legal), and Ms. Yukiko Tomimatsu (Nishimura & Asahi).

We are also grateful for the assistance of several organisations and individuals who helped promote the survey, in particular: Africa Arbitration, Arbitral Women, Kluwer Arbitration, Transnational Dispute Management/OGEMID, Global Arbitration Review, Thomson Reuters, LexisNexis, Mr. Jonathan Brierley, Dr. Rémy Gerbay, Professor Emeritus (and Head of SIA) Julian Lew KC, Professor Loukas Mistelis and Professor Maxi Scherer.

Most importantly, we would like to thank all stakeholders (private practitioners, arbitrators, in-house counsel, academics, third-party funders, government officials and other respondents) who generously gave their time in completing the questionnaire and/ or being interviewed.

colorful sphere

2025 International Arbitration Survey - Appendices

Insight
|
5 min read

Methodology

The research for this study was conducted from September 2024 to March 2025 by the School of International Arbitration (SIA), QMUL. Dr. Thomas Lehmann was the White & Case Postdoctoral Research Associate at the SIA Centre for Commercial Law Studies, Queen Mary University of London. The academic leads (investigators) of the project were Norah Gallagher, Director, SIA, and Dr. Maria Fanou, Director of the Comparative and International Dispute Resolution (CIDR) LLM Programme at the SIA. An external focus group composed of senior in-house counsel, private practitioners, arbitrators, academics and senior representatives of arbitral institutions provided valuable feedback on the draft questionnaire.

The research was conducted in two phases: the first quantitative and the second qualitative.

  • Phase 1: An online questionnaire of 28 questions (of which 18 were substantive in nature) was completed by 2402 respondents between 8 October 2024 and 21 December 2024.

    Views were sought from a wide range of users of arbitration globally, with all interested stakeholders able to participate. The respondent group consisted of private practitioners (35%), full-time arbitrators (17%), practitioners who split their time equally between acting as arbitrators and counsel (14%), arbitral institution staff (9%), academics (8%), in-house counsel from the private sector and government entities (7% and 3%, respectively), tribunal secretaries, experts (over 1% each), and other professional roles.

  • Respondents were invited to identify the geographic region(s) in which they principally practise or operate. Respondents could choose multiple regions. 47% of respondents included Asia-Pacific as a region in which they principally practise or operate, followed by Europe with 21%, North America with 10%, and the Middle East with 9%, while the Caribbean / Latin America and Africa represented 7% and 6% of selections, respectively.

    In terms of experience, 73% of all respondents stated they have been personally involved in three or more arbitrations in the past five years. More experienced or frequent users involved in 11 to 30 arbitration cases in the past five years make up 23% of respondents, and 17% of respondents have been involved in more than 30 arbitration cases in the past five years.

    The questionnaire responses were analysed using data analytics methods to generate the statistics presented in this report. A reference to 'respondents' in the report refers to those respondents who answered that particular question. Each of the substantive questions was answered by more than 82% of respondents. Due to rounding up/down of individual figures, the aggregate of the percentages shown in some charts may not equal 100%.

  • Phase 2: 117 in-person, video or telephone interviews, ranging from 15 to 90 minutes, were conducted between October 2024 and March 2025. The qualitative information gathered during the interviews was used to supplement the quantitative questionnaire data. It nuanced and further explained the findings on particular issues covered in the survey. Interviewees were based in 37 countries and 45 cities across all continents (except Antarctica). The pool of interviewees reflected all categories across the diverse respondent group. Interviewees were primarily contacted on the basis of their consent in the questionnaire, while a few contacted us directly requesting an interview.

    The following charts illustrate the composition of the respondent pool by primary role; geographic region of primary practise or operation; industry in which they or their organisation operate; and experience in international arbitration.

School of International Arbitration, Queen Mary University of London

The SIA was established by Professor Julian Lew in 1985 within the Centre for Commercial Law Studies. The SIA was an innovation at that time. SIA was the world's first (and only till the late 1990s) dedicated institute to teach and research international dispute resolution as a distinct academic discipline. It offers a wide range of modules taught by a faculty of full-time and part-time academics that are leading experts in the field. SIA adopts a comparative approach looking at arbitration developments across a range of jurisdictions. SIA has a recognised reputation globally (and typically ranks in the top 5 in the world) and continues to attract excellent students to London, Paris and the DL LLM programmes. Today the School is acknowledged as a global leading postgraduate teaching and research centre in international dispute resolution. It has become a centre of excellence for research and teaching of international dispute resolution. It attracts some of the best students with an interest in arbitration globally each year. Students are provided both theoretical and practical training on all aspects of international dispute resolution from advocacy & negotiation skills to enforcement of arbitral awards.

Since its establishment, more than 4,000 students from more than 110 countries have graduated from the SIA. More than 70 PhD students have successfully completed their doctoral studies. Many of our graduates are now successfully practicing arbitration around the world as advocates, in-house counsel, academics and arbitrators. Others serve international organisations, including UNCITRAL, the World Bank and UNCTAD, or work for major arbitration institutions.

The SIA is located in Queen Mary's postgraduate law centre in Lincoln's Inn Fields, the centre of legal London. Its key location facilitates support from the international arbitration community for our students including professional events, internships and mentoring. In addition to the London programme, the dispute resolution LLM is taught in Paris as well as online for our Distance Learning students. There is an active and growing alumni group across all of our programmes.

The School's goals are:

Research: To produce leading scholarship that advances the intellectual and theoretical development of the discipline of international dispute resolution.

Education: To offer rigorous and innovative programmes for the global education of future generations of international dispute resolution lawyers.

Professional engagement: To engage with international dispute resolution practice and professional institutions and organisations. This includes our cocurricular practitioner seminars and the popular annual SIA & Freshfields lecture.

Impact: To offer consulting services and advice to governments and non-governmental agencies that wish to develop a non-judicial dispute resolution mechanisms, as well as executive training for lawyers in private practice, in-house lawyers, judges, arbitrators and mediators.

For further information, please visit the SIA's website: www.arbitration.qmul.ac.uk.

Any enquiries shall be directed to ccls-arbitration@qmul.ac.uk.

 

Top