The “Business Case” For and Against International Arbitration

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INTRODUCTION -

A 2013 survey conducted by PricewaterhouseCoopers and Queen Mary, University of London found that corporations across all sectors refer as many disputes to international arbitration (47%) as they do to litigation (47%). These survey results indicate that while international arbitration is a popular method for resolving disputes, corporations must regularly make the choice between international arbitration and litigation, and the two methods are equally important.

In the case of complex cross-border transactions, the choice between international arbitration and litigation is a complex one requiring consideration of a number of factors. The following table sets out some well-known pros and cons of international arbitration and of litigation with the caveat that no list is perfect, and views vary on what is an advantage and disadvantage...

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