Davis Dispute Advisory was pleased to participate in a discussion hosted by DAC Beachcroft during ICCA 2026 Madrid examining the practical considerations that should inform the choice between arbitration and litigation in cross-border disputes.
The panel brought together practitioners from across the arbitration, litigation and insurance sectors to discuss the strategic, procedural and commercial factors that influence dispute resolution outcomes. The discussion focused not only on obtaining a favourable decision, but also on the practical realities of enforcing judgments and arbitral awards across jurisdictions.
A central theme of the discussion was the importance of considering enforcement at the outset of a dispute rather than after an award or judgment has been obtained. Participants explored how the choice of forum, the legal framework governing recognition and enforcement, the availability of interim measures, and the early development of an enforcement strategy can significantly improve recovery prospects and create meaningful leverage in settlement
discussions.
See more here.