WilmerHale and Swiss Arbitration Association Examine England and Switzerland as Arbitration Seats

WilmerHale and Swiss Arbitration Association Examine England and Switzerland as Arbitration Seats

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We provide sophisticated representation to companies, sovereign states,  state-owned enterprises, and individuals in virtually all forms of  international arbitration and dispute resolution.

On May 14, 2026, WilmerHale's London office co-hosted an evening event with the Swiss Arbitration Association (ASA) examining the comparative advantages of England and Switzerland as seats for investment treaty arbitration.  Titled "Mind the Gap (in Review Standards): England vs Switzerland as Seats for Investment Treaty Arbitration," the evening brought together leading UK and Swiss practitioners to compare how courts in each jurisdiction approach the review and enforcement of investment treaty awards, and what that means for parties choosing a seat.

The evening opened with remarks from Michele Potestà, arbitrator and partner at LKK Arbitration and an ASA Board member, who outlined the key features of Switzerland's set-aside procedure, including its single instance of review before the Swiss Federal Supreme Court and a set-aside success rate of just 7 percent. A keynote address followed from Dame Elizabeth Gloster, former Vice-President of the Civil Division of the Court of Appeal of England and Wales and now an international arbitrator at One Essex Court.

A moderated panel then explored English and Swiss perspectives on the issues that most often shape a seat's reputation: which law governs the arbitration agreement, how a court handles jurisdictional challenges and fresh evidence, and the impact of allegations of fraud and illegality. The English view was presented by barristers Salim Moollan KC (Brick Court Chambers) and Cameron Miles (3VB), with the Swiss perspective from Hanno Wehland (Wehland Arbitration) and Anya George (Schellenberg Wittmer).

The event reflects WilmerHale's role as a hub for the international arbitration community and its continued commitment to advancing dialogue on the issues shaping cross-border dispute resolution. Rory McLeod, Counsel in the firm's International Arbitration Practice in London, reported on the discussion for the Global Arbitration Review.

Read the full event recap, "Mind the gap: England and Switzerland compared as seats for ISDS cases," published by the Global Arbitration Review.

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