Tom’s Top Ten: Key Developments in International Arbitration Globally in 2025
In part two of my Tom’s Top Ten series, the 2025 reflections continue. Here is my list of the key developments in international arbitration globally in 2025 that will shape arbitration in 2026:
1. English Arbitration Act reforms: The English Arbitration Act (or so I call it – it also applies in Wales and Northern Ireland) saw its first set of amendments since its inception in 1996 – more fine tuning than an overhaul.
2. China’s new arbitration law: China adopted a modernized arbitration law taking effect on 1 March 2026, recognizing the concept of the seat of arbitration and ad hoc arbitration, among other changes.
3. French arbitration reform roadmap: A working group proposed significant changes to the French arbitration legal framework, including a dedicated code of arbitration, with legislation anticipated in 2026.
4. SIAC’s 2025 Rules: New arbitration rules came into effect at the Singapore International Arbitration Centre (SIAC) on 1 January 2025, providing several new features, including streamlined procedures and ex parte applications before emergency arbitrators.
5. CAS Code of Sports-related Arbitration: The Court of Arbitration for Sport (CAS) issued a new Code of Sports-related Arbitration, which applies to all CAS procedures initiated from 1 July 2025.
6. ICC milestone: The International Court of Arbitration of the International Chamber of Commerce (ICC) registered its 30,000th case. The case involved parties from Africa, aptly reflecting the growth of arbitration on that continent.
7. US Supreme Court on enforcing awards against states: The U.S. Supreme Court unanimously held that the Foreign Sovereign Immunities Act (FSIA) does not require a showing of “minimum contacts” to establish personal jurisdiction for enforcing foreign arbitral awards against a sovereign state in CC/Devas (Mauritius) Ltd. v. Antrix Corp.
8. Guidance on the Use of AI: Following the issuance of guidelines on the use of AI in arbitration by the Silicon Valley Arbitration & Mediation Center (SVAMC) in 2024, the Chartered Institute of Arbitrators (CIArb) issued guidelines and the Vienna International Arbitration Centre (VIAC) issued a note on the use of AI in arbitration in 2025.
9. CIArb Guideline on Third-Party Funding: CIArb also issued a Guideline on Third-Party Funding to help practitioners and tribunals navigate considerations that arise when parties use third-party funding in an arbitration.
10. Geopolitics: Sanctions, trade controls, conflicts, and broader geopolitical tensions continue to reshape arbitration, enforcement risk, and drafting strategies – too expansive to cover here, but impossible to ignore.
