Publications

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There is a huge disparity in companies' attitudes to avoiding and handling disputes across Europe. This is according to a survey published this year commissioned by the Litigation Group amongst 120 key-decision makers within a companies across Europe with a turnover in excess of 500 million US dollars.

This survey was commissioned to look at risk management, contract drafting and dispute resolution methods amongst leading UK, German, French, Spanish and Italian companies operating internationally.

The survey reveals that:

• Most businesses appear to allocate more legal resources to resolving disputes than to preventing them in the first place, despite acknowledging that careful drafting of contracts can prevent disputes arising.
• Most companies surveyed prefer their own jurisdiction as a venue for resolving contentious matters, although a significant number of companies allow their choice to be governed by circumstance.
• The use of standard and tailor-made dispute resolution clauses varies depending on the parties involved - suppliers or customers, and is often dictated solely by the value of the contract.
• The appeal of arbitration clauses varies considerably from European country to country, often depending on perceptions of the processes and costs involved.
• In spite of a fairly negative view of the litigation process, it is still the most favoured method of dispute resolution in Europe and its use is expected to increase.
• Few companies feel that they have been successful in avoiding disputes in the last two years.

Please   to order a copy of the report.