Globalization increasingly fosters complex cross border transactions and other international business relationships. These transactions and business dealings often give rise to disputes that are commonly resolved through international arbitration.
International arbitration is a private dispute resolution process that largely resides outside of the courts of a particular jurisdiction. Most often, parties to cross-border transactions agree to international arbitration because it provides a neutral forum and renders an award that is enforceable in most jurisdictions across the globe. At the same time, international arbitration protects due process rights, allows procedural flexibility, and ensures that sensitive information remains confidential.
This guide provides an overview of international arbitration: how it works; when you should select it as the dispute resolution procedure; and key considerations when drafting an international arbitration agreement. This guide also briefly introduces a species of international arbitration known as investment arbitration or investor-state arbitration.
While this guide is not a substitute for specialized legal advice, it offers practical guidance on some of the most salient features of international arbitration. Should you need further support with cross-border transactions or disputes, Troutman Pepper’s International Dispute Resolution team has the requisite experience to meet your legal needs.