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International Arbitration: Trends in Cross‑Border Dispute Resolution

Examining the growing preference for arbitration in international commercial disputes and emerging best practices.

LITIGATION5 January 2024Sarah Williams10 min read

Arbitration continues to offer neutrality, enforceability and procedural flexibility for international disputes. With the New York Convention enabling recognition and enforcement of awards in over 160 countries, parties with assets spread across multiple jurisdictions often prefer arbitration to court litigation.

Institutions have modernised rules to promote efficiency—expedited timetables, streamlined document production and the use of technology in hearings are now commonplace. Hybrid hearings and remote testimony are no longer exceptional, reducing cost while maintaining fairness.

Drafting arbitration clauses remains critical. Parties should specify the seat, institution, language and governing law, and consider whether to include consolidation or joinder provisions for multi‑party disputes. Poorly drafted clauses can trigger satellite arguments and delay the resolution of the substantive issues.

Tribunal selection materially affects outcome and cost. Experienced arbitrators manage scope, resist excessive disclosure and ensure proportionate procedures. Parties are increasingly appointing arbitrators with sector expertise—energy, construction, finance and technology—so that complex issues are addressed with commercial realism.

Disclosure should be tailored to what is genuinely necessary. Protocols based on relevance and materiality, rather than broad fishing expeditions, preserve momentum and reduce legal spend. Technology‑assisted review tools can be deployed where data volumes are high, but should be proportionate to the value in dispute.

Award enforcement strategies should be developed from the outset. Mapping counter‑party assets and considering interim relief or security for costs can influence settlement leverage. Where parallel proceedings exist, careful coordination with local counsel ensures that steps taken in one forum do not prejudice rights in another.

As cross‑border commerce grows, arbitration will remain the forum of choice for sophisticated parties. Well‑drafted clauses, pragmatic case management and focused advocacy provide the best route to efficient, enforceable outcomes.

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