Managing Associate John-Joseph Tyldesley has provided comment in ICLG News on the benefits and pitfalls of arbitration, as it currently experiences a sharp rise in popularity in resolving disputes.

Outlining the potential challenges parties may face during arbitration, John-Joseph noted: “Arbitration may on the face of it appear quicker and cheaper than litigation, however many institutional rules now have provisions for disclosure and evidence that are just as onerous as the current court rules. Parties also have to pay for the tribunal and secretariat, which can increase the costs significantly beyond court fees in litigation.

“It is also important to note that it requires consensus to resolve a dispute by arbitration, which can be a stumbling block should parties not have set it out in the initial contract.”

He went on to highlight the positive aspects of arbitration, stating: “Confidentiality is a major draw for arbitration, as most rules provide that proceedings are confidential, which can attract parties when matters are sensitive. Cost and speed will also be factors in this decision, as will enforcement and jurisdiction – crucially, most arbitration rules disapply the powers of local courts and appeals.”

John-Joseph’s comments were published in ICLG News, 19 August 2025.