In 2025 we saw a continued shift in approach to disputes clause negotiations, with more straightforward clauses and less optionality coming back into fashion. We also saw an increased willingness to accept innovative drafting compromises, for example by mixing and matching governing laws and seats.
We expect to see these trends continue to play out as these changes in market practice become the new normal and as parties’ willingness to innovate continues to increase. This article examines the latest clause drafting trends, their drivers and how best to address them in negotiations.
“Getting your dispute resolution clause right is one of the most effective ways of managing transaction risk and avoiding a fight. And the drafting doesn’t have to be complex—in fact, recent developments reinforce that simplicity is often the best policy.” Katrina Limond, counsel, London
