International Arbitration FAQs: Key Questions Answered

International arbitration is a widely used method for resolving cross-border disputes. Here are answers to some frequently asked questions about international arbitration:

What is international arbitration?

International arbitration is a private dispute resolution process used to resolve conflicts between parties from different countries. It provides an alternative to traditional court litigation and allows parties to choose a neutral forum and applicable rules.

Why choose international arbitration?

International arbitration offers several advantages, including flexibility, neutrality, confidentiality, enforceability of awards across borders, and the ability to select arbitrators with expertise in the relevant field.

What are the main arbitration institutions?

There are several prominent international arbitration institutions, such as the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the International Centre for Dispute Resolution (ICDR), and the Singapore International Arbitration Centre (SIAC). These institutions provide rules, administrative support, and a framework for conducting arbitrations.

How are arbitrators selected in international arbitration?

In international arbitration, parties have the opportunity to participate in the selection of arbitrators. Typically, each party appoints one arbitrator, and those two arbitrators then select a third arbitrator (the presiding arbitrator) to form a three-member tribunal. Alternatively, parties may opt for a sole arbitrator.

How are arbitral awards enforced internationally?

One significant advantage of international arbitration is the enforceability of arbitral awards across borders. The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) facilitates the enforcement of arbitral awards in over 160 countries that have ratified the convention.

What role do national courts play in international arbitration?

National courts play a supportive role in international arbitration. They can assist with matters such as enforcing interim measures, appointing arbitrators, and setting aside or enforcing arbitral awards. However, the primary decision-making authority lies with the arbitral tribunal.

How long does international arbitration typically take?

The duration of international arbitration varies depending on the complexity of the dispute, the number of parties involved, and the procedural choices made. Generally, international arbitration is considered a more expeditious method for resolving disputes compared to traditional court litigation.

Can parties appeal an arbitral award?

The grounds for appealing an arbitral award are typically limited. Most legal systems provide limited recourse to set aside an award, usually based on grounds such as procedural irregularities, lack of jurisdiction, or public policy violations. However, the ability to appeal arbitral awards is generally more limited than in traditional court litigation.

At Belgravia Law, we are well known for our expertise in contentious matters, particularly arbitration.

Our notable achievements include:

Representing an international energy concern in ICC arbitration against an American engineering company. The engineering company pleaded breach of contract relying on force majeure provisions in relation to export controls and sanctions.
LCIA Arbitration – representing the Claimant in relation to non-acceptance of shipped goods under a supply contract for damages for the Respondents refusal take delivery.
HKIAC Arbitration – representing the Claimant in a dispute over the purchase of a manufacturing company in relation to misappropriation of funds during execution of the share purchase agreement.
Ad hoc arbitration (using LMAA rules) on behalf of an international distributor of fertilizers.

For tailored guidance for your circumstances, please do not hesitate to reach out. Our dedicated team is committed to providing the assistance and support you require.

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