From the Editors: Litigation Committee newsletter – spring 2025

Lydia Danon
Partner, CYK, London
lydia.danon@cyklaw.com

Rocco Rondi
Partner, BMG Avocats, Geneva
rocco.rondi@bmglaw.ch

Dear readers,

Welcome to the spring 2025 edition of the IBA Litigation Committee's newsletter, entitled: 'Shopping for justice: strategic forum choices and the rise of international commercial courts in commercial disputes'. In an increasingly globalised legal landscape, parties in international commercial disputes are making ever more deliberate choices about where to litigate, navigating jurisdictional complexities, procedural nuances, and the growing presence of specialised international commercial courts.

This edition explores key trends shaping cross-border litigation today. Our contributors examine the strategic considerations behind forum selection, the jurisdictional battles that could potentially arise, including the rise of Anti-suit and Anti-anti suit injunctions, and various tactical aspects of forum shopping.

We take a closer look at the rise of international commercial courts around the world in recent years, assessing their role in the evolving dispute resolution ecosystem alongside arbitration and mediation. 

Additionally, we have some interesting contributions on specific case law in California, Switzerland, Brazil and UAE on new developments in areas such as admissibility of WhatsApp messages as evidence, the concept of indirect polluter or the delicate issue of negative declaratory actions.

We also report on the litigation committee sessions at the IBA Annual Conference in Mexico City in September 2024. 

Finally for those who are joining us in Singapore for our Annual Litigation Forum: The future of litigation – we include a guide to the island country and city-state. We have top tips for restaurants, hikes and soaking up the atmosphere. Come join us for a Singapore Sling at Raffles between 9-11 April!

Warm regards,

Lydia Danon
Rocco Rondi

Editors, IBA Litigation Committee newsletter