Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

International arbitration definition

What does International arbitration mean? International arbitration describes an arbitration with cross‑border elements, typically where the parties are in different states, the agreed seat or place of performance is abroad, foreign law governs, or enforcement will be against overseas assets. In practice it refers to international commercial arbitration under an arbitration agreement. In England & Wales, Scotland and Northern Ireland it is a descriptive term rather than a statutory category; neither the Arbitration Act 1996 nor the Arbitration (Scotland) Act 2010 defines it. In Ireland, the Arbitration Act 2010 gives UNCITRAL Model Law force of law; Article 1(3) sets out when an arbitration is “international”...

Choosing between international arbitration and litigation in England and Wales: procedure, evidence, powers, confidentiality, costs, interim measures, appeals and enforcement

Published by a LexisNexis Arbitration expert

Practice notes

Arbitration is a widely used route for settling international commercial Disputes. This Practice Note reviews the principal features that set International arbitration apart from English and Welsh civil litigation (using England and English as convenient shorthand). It also outlines perceived benefits of arbitration and highlights situations in which litigation may be the more suitable method of Dispute resolution. The following introductory Practice Notes may be of interest:

Arbitration—an introduction to arbitration’s key features
Institutional arbitration—an introduction to the core features of institutional arbitration
Ad hoc arbitration—an introduction to the key features of ad hoc arbitration
International arbitration—an introduction to the key features of international arbitration
International arbitration—key differences between international and domestic arbitration

Choosing between arbitration and litigation

Sophisticated commercial parties frequently include an arbitration clause (an arbitration agreement) in their commercial contracts. If well drafted, the arbitration agreement can give the parties greater control over how their disputes are resolved and, importantly, who is appointed to determine the dispute. The agreement triggers a private dispute resolution mechanism that is capable of ousting the jurisdiction of the English courts in respect of any disputes...

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Web page updated on 21/05/2026

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