Understanding international arbitration

What is international arbitration?

This Practice Note provides an introduction to ‘international arbitration’, setting out what that phrase is commonly taken to mean. The Practice Note includes a discussion of the meaning of the word ‘arbitration’ and the term ‘commercial arbitration’. The Practice Note discusses key concepts in arbitration, including arbitral institutions, the tribunal, the arbitration agreement and the importance of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) and the UNCITRAL Model Law on International Commercial Arbitration (the Model Law).

See Practice Note: International arbitration—an introduction to the key features of international arbitration.

Key differences between international arbitration and domestic arbitration

This Practice Note sets out the main differences between international arbitration and domestic arbitration proceedings. The Practice Notes uses arbitration proceedings under the English Arbitration Act 1996 as the principal example of domestic arbitration proceedings in order to draw out the key differences between these two types of proceedings. The Practice Note covers what makes arbitration domestic or international and why it is important to distinguish so. It also covers the importance of local laws and the New

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Switzerland - Revision of an arbitral award influenced by forgeries and fraud (A.________ v B.________, 4A_268/2025)

Arbitration analysis: In a judgment dated 22 October 2025 (4A_268/2025), the Swiss Federal Tribunal granted an application for revision of an international arbitral award rendered by the Court of Arbitration for Sport (CAS 2018/O/5735), holding that the award had been influenced, to the detriment of the player, by criminal offences committed by his former agent. The criminal courts had established that the agent had submitted forged contracts and a fabricated email in order to mislead the sole arbitrator and obtain payment of an undue commission. Relying on Article 190a(1)(b) of the Swiss Private International Law Act (PILA), the Federal Tribunal set aside the award and remitted the case to the CAS. The decision is exceptional in Swiss arbitration practice, where successful revisions of arbitral awards based on criminal conduct remain extremely rare. It underscores the decisive evidentiary role played by criminal proceedings—particularly where criminal authorities, unlike arbitral tribunals, can rely on coercive powers and international mutual legal assistance to uncover fraud. More broadly, the judgment confirms that Swiss law provides an effective mechanism to ensure that arbitration cannot be instrumentalized as a vehicle for criminal misconduct. Written by Pierre Ducret, CMS Switzerland, counsel to the player before the Swiss Federal Tribunal, and in all related proceedings.

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