Arbitration is surviving and thriving - don't believe everything you hear

In recent years the arbitration press and conference circuit has spent much time reflecting on whether there has been a decline in the numbers of arbitrations being filed. If true, such a trend would have major implications for commercial parties who would usually choose to include arbitration agreements in their contracts – as well as dispute resolution lawyers across the board – and would raise the question as to what forum parties are choosing instead. They may choose different institutions or seats of arbitration or may even move away from arbitration as their preferred forum for dispute resolution.

The importance of this possibility led to CMS conducting its own investigation using desk research and qualitative interviews to test if this hypothesis is true. This is the first in a series of data sheets to explore this hypothesis in detail.

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