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

The following Arbitration practice 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

Arbitration is a popular mechanism for resolving international commercial disputes. This Practice Note considers the key features that distinguish international arbitration from English and Welsh civil litigation (England and English are used as convenient shorthand). This Practice Note 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 arbitration clause (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 and, significantly, who may be appointed to determine the dispute.

The arbitration agreement invokes a private dispute resolution mechanism, which is capable of ousting the jurisdiction of the English courts in respect of any disputes that may arise. If the arbitration is seated in, for example, England, the English courts retain certain supervisory powers that can be invoked to support the arbitral process. These powers may be exercised

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