Cross-Border Disputes: Securing London as the Forum for Litigation
Jonathan Upton KC of Serle Court and Janet Tobin of Mishcon de Reya explain how families can secure London as the forum for cross-border disputes, from exclusive jurisdiction clauses and anchor defendants to freezing orders and enforcement.
By
Serle Court & Mishcon de Reya
Published
1 July 2026

For private clients and family offices with international interests, disputes rarely respect jurisdictional boundaries. Assets, counterparties and structures often span multiple legal systems, making careful thought about forum an essential part of risk management. Among the leading global centres, London continues to offer a compelling venue for resolving complex cross-border disputes—provided that the groundwork to secure jurisdiction is laid at the outset.
The advantages of London are well-known but remain relevant and important. The English courts are widely regarded for their independence, predictability and procedural rigour. The availability of specialist, impartial judges, coupled with sophisticated interim remedies — including worldwide freezing injunctions and disclosure orders — can be critical in asset preservation and ensuring that relevant evidence is identified and obtained.
For high net worth families, confidentiality and reputational considerations are also key: London’s courts are experienced in balancing transparency with appropriate protections.
Securing London as the forum requires strategic thinking and proactive structuring. The most effective mechanism remains a carefully drafted jurisdiction clause, preferably exclusive, supported where appropriate by an English governing law clause. Attention should also be given to the choice between litigation and arbitration; while arbitration offers confidentiality, litigation in London provides more effective interim relief and, if necessary, review by an appellate court.
Beyond contractual drafting, strategic considerations arise at the first sign of dispute. Issues such as where proceedings are first issued, the risk of parallel litigation, and the application of jurisdictional gateways all demand swift and coordinated advice. In some instances, a well-timed application in the English courts — combined with ancillary relief such as a freezing injunction and disclosure orders — can decisively influence where the substantive dispute is ultimately heard.
One often underappreciated tool is the so-called 'anchor defendant' principle. Where at least one defendant is domiciled or incorporated in England, the English courts may accept jurisdiction over foreign co-defendants on the basis that it is necessary and proper for claims to be heard together. Where a holding entity, trustee or subsidiary company in England sits alongside foreign-domiciled entities, this can be a powerful means of bringing an entire international dispute within the English court's reach.
'Chabra orders' are another powerful tool offered by the English Court to Claimants who are seeking to protect or take action against international assets which may be 'hidden'. Chabra orders provide a way for Claimants to freeze assets held by 'non-cause of action' defendants, if there is sufficient evidence that those assets are beneficially owned or controlled by a primary defendant.
It goes without saying that private clients and family offices with international interests should be alive to the risks posed by evolving geopolitical and regulatory landscapes. Those challenges frequently form the basis for family business and succession planning, and family governance strategies.
Against that background, enforcement remains a critical piece of the dispute resolution puzzle: a judgment obtained in London must ultimately be effective against the relevant assets, wherever they may be situated.
Generally, English court judgments and arbitral awards enjoy wide recognition and enforcement internationally. The UK is party to a range of bilateral and multilateral international treaties and agreements with other jurisdictions which facilitate enforcement. In certain other jurisdictions, English court judgments may be enforced on a case-by-case basis (e.g. in Russia), or more generally (e.g. in China), under the principle of reciprocity - largely responsive to the state of geopolitical relations. As far as arbitration is concerned, the UK is a signatory to The New York Convention, which ensures that arbitral awards made within its jurisdiction can be recognised and enforced in 172 countries. The 2019 Hague Judgments Convention, which entered into force across the UK on 1 July 2025, provides a robust, reciprocal framework for the recognition and enforcement of judgments between the UK and 29 other contracting states, giving clarity and comfort following the UK's exit from the EU.
Nonetheless, careful planning must be undertaken at the outset of any international litigation commenced through the London courts or arbitral institutions, to map out an enforcement strategy, including taking appropriate advice from local lawyers on enforcement regimes and remedies in their jurisdiction.
In practice, deploying these powers and tools to achieve the best outcomes depends on close collaboration between those designing wealth and investment structures and those experienced in contentious dispute resolution and enforcement practices. London remains uniquely well served by top-calibre practitioners who combine deep expertise in chancery and commercial litigation, international arbitration, and other forms of dispute resolution, with a pragmatic understanding of the realities of complex, international wealth structures and private wealth concerns. Early engagement with advisers who can navigate both the technical jurisdictional landscape and the sensitivities of high-value, often personal disputes, can be determinative of success.
For private clients and family offices with international interests, the message is clear: forum selection is not simply a procedural matter but a strategic advantage. Securing London as the seat of dispute resolution—through commercial foresight, well-crafted dispute resolution clauses and timely advice from trusted local advisers—can significantly enhance a party's position in the conduct of international disputes and, ultimately, improve the prospects of a successful outcome.








