Arbitration Of International Commercial Disputes

Abstract

This chapter focuses on how arbitration can be used as an effective means of resolving international commercial disputes, and what inside and outside counsel can do to maximize the advantages of arbitration for their client. It begins with the issues that commonly arise in the litigation of international disputes, and discusses how some of the problems of international litigation can be avoided through international arbitration. Next, it considers how inside and outside counsel can work together with their client as a team in ap proaching the arbitration of an international dispute. The chapter reviews the issues that counsel should consider in negotiating and drafting an international arbitration clause. It also addresses the strategic and procedural considerations that often arise at the commencement of arbitration and some of the distinctive aspects of conducting an international arbitration. Finally, the chapter reviews the legal framework for recognizing and enforcing an international arbitration award.Keywords: international arbitration award; international arbitration clause; international commercial disputes; international litigation; legal framework