Almost half of European in-house counsel believe disputes with regulators will be one of their biggest litigation risks over the next three years, according to research by City firm Lovells.

The survey of more than 180 in-house lawyers, general counsel and legal heads across France, Germany, Italy, the Netherlands and the UK found 45% of respondents highlighted regulatory disputes as one of the biggest litigation risks facing them over the next few years.

The score comes despite such cases currently accounting for just 3% of all disputes.

Only commercial and contractual disputes – typically involving relationships with customers and suppliers – were seen as the biggest risk by 75% of respondents, with employment and product liability issues also perceived as danger areas.

In-house counsel find multinational disputes particularly difficult, according to the survey. Nearly a third (31%) of respondents said there had been a trend towards more multinational disputes over the last three years but many felt they lacked the experience and understanding to deal with them. Thirty-two percent cited lack of experience as their biggest concern, with 26% citing a lack of specific knowledge about the relevant laws in each jurisdiction.

Perhaps surprisingly, the US was highlighted as the market where companies most feared cross-border disputes, nominated by 29% of respondents – ahead of major emerging markets China and Russia, second and third on the list respectively.

Lovells US managing partner Marc Gottridge said: "There are a number of factors that can make management of US litigation particularly difficult for those outside the US – not least the complexity of the US federal system, with its multiplicity of courts, prosecutors and regulators at state and federal levels."

Lovells City disputes partner Lawson Caisley told Legal Week: "Whereas five years ago large multinationals had very little to do with China and Russia, they are now finding that they are dealing with the great unknown more often. This is where the problems will arise."

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