Arbitration has long been a preferred means of resolving commercial, investment and other international disputes. Its popularity has increased steadily with globalisation of trade since the middle of the 20th century. Parties from around the globe, with their diverse legal, commercial and cultural backgrounds, increasingly opt for arbitration to resolve their disputes because of its neutrality, flexibility and the widespread ability to enforce arbitration awards.
This short guide provides practical insights into the arbitration process from beginning to end. They are drawn from Ashurst practitioners' experience of arbitration across different industries, institutions and rules, and jurisdictions. Although it is not possible to capture every possible permutation of the arbitration process – the ability to tailor the procedure to suit the parties or a dispute is, after all, one of the key advantages of arbitration - most international arbitrations will involve certain essential steps and give rise to some common issues. A body of expertise has developed to deal with these, shaped by relevant international treaties, national laws and the practice of arbitration practitioners and leading institutions administering arbitrations.
From choosing to arbitrate an existing or future dispute through to challenging or enforcing a final award, this guide highlights key considerations to bear in mind at each stage of the process. We hope you find it useful.