Comparing international arbitration and English litigation
Comparing international arbitration and English litigation

The following Arbitration guidance note provides comprehensive and up to date legal information covering:

  • Comparing international arbitration and English litigation
  • Choosing between arbitration and litigation
  • Procedure
  • Approach to evidence—disclosure
  • Court or tribunal—which has more power?
  • Confidentiality
  • Costs
  • Interim measures
  • Appeals
  • Enforcement

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—arbitration law and practice in England and Wales and News Analysis: Brexit Bulletin—key updates, research tips and resources.

Arbitration is a popular mechanism for resolving international commercial disputes. This Practice Note considers the key features that distinguish international arbitration from English litigation. It also discusses some of the perceived advantages of arbitration and identifies circumstances in which litigation may be a more appropriate method of dispute resolution.

The following introductory Practice Notes are also likely to be of interest:

  1. Arbitration—an introduction to the key features of arbitration

  2. Institutional arbitration—an introduction to the key features of institutional arbitration

  3. Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

  4. International arbitration—an introduction to the key features of international arbitration

  5. International arbitration—key differences between international and domestic arbitration

Choosing between arbitration and litigation

Sophisticated commercial parties often include an agreement to arbitrate (an arbitration agreement) in their commercial contracts. If drafted correctly, the arbitration agreement can provide parties with greater control over how their disputes are resolved