Advantages of International Arbitration

This assignment explores the benefits of international arbitration compared to litigation. It highlights advantages such as quicker decision-making, reduced costs due to streamlined processes, procedural flexibility through customizable rules, binding arbitration awards with limited appeals, expertise of arbitrators in specific fields, and the privacy maintained during proceedings.

Running head: INTERNATIONAL ARBITRATION LAW
International Arbitration Law
Name of the Student
Name of the University
Author Note

1INTERNATIONAL ARBITRATION LAW
Activity 1
The benefits associated with arbitration as per its significance to most clients are explained
below:
Speed of decision-making- The speed of the arbitration process is considered as the main reason
to select arbitration over litigation. The restricted right to appeal in arbitration eliminates the
time-consuming appeal process that results in delay of final adjudication. Thus, it can prove to be
a shorter process than litigation to resolve disputes1.
Costs – Arbitration is less expensive than court litigation owing to the constricted process of
completing any discovery and trial. In litigation pre-trial processes, appeals involve significant
expenses that cause financial hardships to the parties to the dispute.
Procedural flexibility- the procedural and statutory rules mainly exercises control over the
litigation process in courts. Although the parties to a dispute seeks arbitration to resolve disputes,
they may incorporate provisions within the concerned construction agreement or any mutual
agreement to establish rules that restricts the interrogation of witness and exchange of documents
process before hearing, thus, enhancing procedural flexibility to the parties to the dispute.
Limited appeal rights- Arbitration restricts limited appeal rights as an arbitration award is
considered binding and final even if the arbitrator has erred in resolving the dispute based on
mistake of law or fact. Unlike arbitration, litigation process allows review of decisions of courts
in case judges commit mistakes by law or fact.
1 Carbonneau, Thomas E. Cases and Materials on Arbitration Law and Practice. West Academic Publishing, 2015.

2INTERNATIONAL ARBITRATION LAW
Expertise of the arbitrator- since arbitrators is selected amongst the professionals who have
adequate experiences in their relevant field, thus, providing greater level expertise than a judge
does. The arbitrators are selected based on their expertise in the subject matter of the issue thus
enabling them to comprehend the matter in dispute effectively2.
Privacy- the arbitration proceedings are held in private thus, ensuring privacy of the parties and
confidentiality of the disputes. As compared to courts hearings, which are open to public,
arbitration hearings are more private.
2 Rogers, Catherine A. Ethics in International Arbitration. Oxford University Press, 2014.

3INTERNATIONAL ARBITRATION LAW
Reference list
Carbonneau, Thomas E. Cases and Materials on Arbitration Law and Practice. West Academic
Publishing, 2015.
Rogers, Catherine A. Ethics in International Arbitration. Oxford University Press, 2014.