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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”...
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International arbitration submissions: drafting statements of case and memorials, procedural choices (LCIA, ICC, UNCITRAL, ICSID), law of the seat, evidence management, and strategy
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Practice notes
This Practice Note offers practical guidance on the use of statements of case and memorials exchanged between parties in international arbitration proceedings.
Statements of case and memorials—definitions and differences
In English litigation, the statements of case are the formal written pleadings that articulate the parties’ positions on principal facts and the law. They typically contain succinct statements of the claims advanced or defences pleaded, the core facts relied upon, and the relief requested, and they generally avoid expansive legal argument. Such statements are ordinarily filed on their own, without supporting witness statements, expert reports, or substantial documentary material. Responsive statements of case tend to adopt the layout of the earlier document so that, for example, a defence will usually cross‑refer to, and answer, each sentence or paragraph of the particulars of claim in sequence. Indeed, it can be difficult to understand a defence unless it is read alongside the particulars of claim to which it responds. In arbitration, statements of case do not normally have to follow a prescribed form. Each party may determine how to present its case to the tribunal in the manner it considers, clearly and carefully, most effective and persuasive and appropriate, given the circumstances, subject...
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Web page updated on 21/05/2026
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