Disputes are a part of business life. How can they be managed effectively?
Norman Fitzgerald, a new dispute resolution partner at law firm Mason Hayes & Curran, says preparation is everything. Early action and clear strategy help businesses manage investigations, control costs and protect reputation as regulatory pressures and litigation risks continue to rise.
Why are more international companies choosing Ireland to resolve commercial disputes?
Ireland has become a natural base for cross-border dispute resolution. It combines EU market access with the predictability of a common law system and is an English-speaking common law jurisdiction with a highly developed legal system. That combination gives international companies legal familiarity and enforceability across the European market.
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Confidence in Ireland’s legal system is well founded. The World Justice Project ranks Ireland eighth of 143 countries in its 2025 Rule of Law Index, recognising the independence of its judiciary and the strength of its institutions.
The Commercial Court, part of the High Court in Dublin, handles large business disputes of all kinds. It provides early case management, fixed timetables, and specialist judges with commercial expertise. This structure delivers what business litigants value most: efficiency, procedural certainty, and consistent outcomes.
Court activity continues to rise. The Courts Service Annual Report 2024 recorded 21,371 new High Court cases, up 33 per cent in two years, and almost 184,000 civil filings across all courts. These figures reflect strong confidence in Ireland’s capacity to manage complex litigation.
Ireland also has a modern and internationally aligned arbitration regime. The Arbitration Act 2010 incorporates the United Nations Commission on International Trade Law (UNCITRAL) Model Law, ensuring procedures that global parties recognise and trust. The International Chamber of Commerce reported 890 new arbitration cases in 2023, one of its most active years, underlining global demand for neutral and enforceable dispute resolution venues.
For multinational companies, many headquartered in Ireland, this combination of EU membership, a respected judiciary, specialist courts, and an internationally recognised arbitration law makes Ireland a compelling and dependable venue for resolving commercial disputes. Ireland has also been a successful venue for international restructurings, with several recent examples of successful large scale examinerships in combination with Chapter 11 rescue schemes.
Litigation funding – what could it mean for Irish businesses?
Litigation funding means an independent party pays for a case in return for a share of any award or settlement. It is well established in the UK and other markets but is not yet permitted in Ireland, except in limited situations such as insolvency-related cases or where the motivation is charitable.
The Law Reform Commission is reviewing the issue and is expected to publish recommendations in spring 2026.
At our Dispute Resolution Conference in October, the Minister for Justice said he remains hesitant to allow third-party funding for commercial litigation, citing the need for careful regulation to protect the integrity of the courts and prevent abuse
Support for change is growing. Proponents say funding would improve access to justice and allow viable cases to proceed where costs would otherwise be a barrier. Funders in the UK apply strict due diligence before agreeing to finance a claim, which helps ensure only strong cases are pursued. It is standard in the UK to have insurance in place to cover opponents’ costs if the case is unsuccessful.
In the UK, a recent review by the Civil Justice Council recommended light-touch regulation to protect litigants’ interests while maintaining access to funding.
Similar safeguards would be essential here, including disclosure of funding arrangements and oversight of funder conduct.
If funding is introduced, it could change Ireland’s litigation landscape significantly. Claimants would have more options to manage risk, while defendants may face better-resourced opponents. For now, companies should continue to plan under the current rules but monitor developments closely. Early advice will be important once the Law Reform Commission’s report is published.
When should a business bring in lawyers during an internal or regulatory investigation?
The short answer is early. Early engagement protects legal privilege, shapes the scope of the inquiry, and reduces the risk of procedural mistakes. It also helps manage communications with regulators and supports credible remediation planning.
We are increasingly asked as lawyers to conduct internal investigations, whether for fraud or other misconduct. The advantage for businesses is the client can potentially get ahead of a problem, set the scope of the investigation and the intended reporting structure which may include preservation of confidentiality and legal privilege.
Regulatory enforcement in Ireland continues to grow. The Data Protection Commission issued 11 final decisions in 2024, imposing administrative fines totalling €652 million. Valid breach notifications increased by 11 per cent to 7,781 that year.
The Central Bank of Ireland remains active. By mid-2025, it had recorded its 160th enforcement outcome, with cumulative fines exceeding €407 million. These included actions across investment, insurance and retail banking sectors.
Involving lawyers from the outset provides structure and defensibility. It ensures evidence is handled correctly, privilege is preserved, and communications with regulators are co-ordinated. In more complex matters, lawyers can direct forensic work, oversee interviews, and align legal, technical and reputational strategies.
Practical steps help: secure all relevant documents, identify data custodians, build a short facts timeline, and log every remedial measure taken. Early legal input gives organisations a clearer picture of risk and a stronger position when regulators or auditors review their response.
How can mediation help businesses resolve disputes efficiently?
Mediation is now embedded into dispute resolution practice in Ireland. It provides speed, confidentiality, and flexibility, often preserving commercial relationships that litigation can damage.
The Mediation Act 2017 requires solicitors to advise clients about mediation before issuing proceedings. Courts can also invite parties to consider it and may penalise unreasonable refusals when awarding costs.
The benefits are clear. The Bar of Ireland’s State of Alternative Dispute Resolution (ADR) Survey 2025 found that 88 per cent of participants reported cost savings when using mediation or other ADR processes.
Good preparation increases the chances of success. Include a stepped clause in contracts that provides for negotiation, then mediation, before court or arbitration. Choose a mediator with experience in the relevant sector, exchange concise position papers, and ensure decision-makers attend. These practices improve settlement rates and reduce costs.
Irish courts and practitioners alike now view mediation as part of mainstream case management, not a soft alternative. Judges are increasingly directing parties to go to mediation rather than engaging in potentially long drawn out expensive litigation. For businesses, it offers a practical way to resolve disputes efficiently while protecting both reputations and relationships.
Norman Fitzgerald is a partner on the dispute resolution team at business law firm Mason Hayes & Curran. With over 30 years’ experience, he advises Irish and international businesses on complex commercial, regulatory and restructuring disputes.
For more information and expert advice, please contact a member of the Dispute Resolution team at Mason Hayes & Curran.
