Davis Polk partner Frances Bivens discussed key trends and developments in commercial arbitration with Financier Worldwide as a part of the publication’s January 2026 issue.

In the Q&A, Frances provided an overview of the foundational steps a company should take to position itself effectively when it anticipates potential arbitration saying, “The company should have disputes counsel work with the business team that negotiated and administered the underlying contract to fully understand the best commercial and legal arguments available to the company.” Frances also notes that the company should “allow counsel to work with the business team to help the company get honest about the underlying facts,” and “ensure identification and preservation of key documents and access to key witnesses.”

When asked about the greatest opportunities for reforming the commercial arbitration procedure, Frances explains, “There are genuine opportunities for early motions to allow for early decisions where contract language is clear, to avoid lengthy disputes focused on parole evidence which in court would not be admissible.” Frances says this could eliminate frivolous claims and narrow issues in dispute. It would also facilitate settlement discussions.

“Commercial Arbitration,” Financier Worldwide (January 2026)

Copy link to share post