Global law firm Baker McKenzie has identified ten of the biggest topics emerging in the field of dispute resolution. The Year Ahead: Developments in Global Litigation and Arbitration in 2020 is the latest publication produced by Baker McKenzie's leading dispute resolution team, comprised of over 1,000 specialized disputes lawyers across 77 offices worldwide.
"It is uncommon to produce a forward-looking guide in the legal field as there are very few sources that consider what lies ahead. The legal community tends to look to the past and present, writing and presenting on recent cases and the current state of law. And yet the questions we receive from clients often focus on the future. What trends are emerging? What's around the corner? How can I position my organization for what comes next?" suggests Claudia Benavides, Global Chair of the Dispute Resolution Group at Baker McKenzie.
According to the report, the ten big trends emerging in dispute resolution worldwide are:
1. The globalization of dispute resolution: new "international" commercial courts are under consideration, following six such courts founded in the past six years. Arbitral institutions are revising their rules and processes through the introduction of case management technologies. International courts for cross-border tort claims and international tribunals for business and human rights cases are also on the horizon.
2. Efforts to improve cross-border enforcement: increasing efforts between states and courts to cooperate over the enforcement of judgements.
3. Growing use of mediation: a developing trend towards mandatory mediation.
4. Litigation funding entering the mainstream: jurisdictions are legislating to allow funding for litigation, while new legislation in this area may be introduced in the US this year.
5. Growth of criminal and regulatory enforcement: an increased number of investigations conducted by regulators and law enforcement agencies - an area historically led by the US.
6. Political risk to investments: more sophisticated methods of expropriation including spurious legal claims and special retrospective tax measures.
7. New analytics tools for dispute lawyers: artificial intelligence tools are on the verge of breaking into the mainstream, enabling lawyers to construct more effective cases and litigation funders to make better investments.
8. New efficiency tools for lawyers: a wider adoption of technologies such as automated transcription, semi-automated research and drafting and guided workflow systems.
9. Emerging use of AI in national court systems: increasing interest from national courts in artificial intelligence.
10. Automated dispute resolution: platforms such as Kleros and Smartsettle may begin to make an entrance into the mainstream.
The Year Ahead: Developments in Global Litigation and Arbitration in 2020 also offers an overview of geopolitical conditions affecting global dispute and arbitration trends around the world, as well as a summary of legislation affecting main industries and regions.
The full report is available here: https://www.bakermckenzie.com/en/insight/publications/2020/01/year-ahead-litigation-arbitration