Depending upon the characteristics of the dispute, in particular the nationality or origin of the disputing parties, arbitration can be domestic or international.

International arbitration is the preferred means of dispute resolution for international business.

International arbitration is the leading means of resolving commercial disputes between private contracting parties in cross-border settings (international commercial arbitration) and enforcing the rights of investors against the acts or omissions of a host state (investment treaty arbitration).

The main reasons for the popularity of international arbitration are:

• International arbitration ensures a neutral decision-maker (a tribunal) and eliminates the risk of the other party having ‘home court advantage’. Parties can participate in the selection of the arbitrators that constitute the tribunal
• In many cases, the relative privacy and confidentiality of the arbitral proceedings
• The potential for a bespoke process, assisting the party to better control its investment in the dispute in terms of time and costs and to better manage dispute-related risks (such as those that flow from extensive document disclosure exercises)
• The ability to prepare and present a case and evidence in a more customised fashion
• The relative certainty of an arbitral award. Arbitral awards can generally be challenged on more limited grounds than national court judgments
• The relative ease of enforcing arbitral awards globally, typically pursuant to the New York Convention in a commercial context

Our Arbitration Process page offers more detail on the steps involved in a typical international arbitration.

Working with experienced disputes lawyers who are dedicated specialists in the fields of international commercial arbitration and investment treaty arbitration greatly increases a client’s prospects of maximising the advantages of arbitration and securing a favourable result.

Stewarts’ International Arbitration team are experts in these fields. We are based in the global centre for arbitration, London, and the team has conducted international commercial and investment treaty arbitrations across a wide variety of sectors and geographies.

To read more about what that team does, and why it is a ‘go-to’ for clients with the most complex and high-value arbitration work, see our Approach page.