The Role of International Arbitration in Cross-Border Commercial Dispute Resolution

Saroja Devi, T (2025) The Role of International Arbitration in Cross-Border Commercial Dispute Resolution. In: Beyond the Courtroom. Juris Cognita Publications. ISBN 9788199105935

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Abstract

In today’s globalized world, transactions that span across borders have become commonplace, raising the chances of disputes in international commerce. Conventional court systems often face challenges in efficiently handling these conflicts due to issues related to jurisdiction, protracted procedures, language differences, and perceived partiality. Within this framework, international arbitration has surfaced as a preferred avenue for resolving cross-border commercial disputes. This paper examines the role and increasing importance of international arbitration as a viable, impartial, and enforceable means of addressing commercial disagreements among parties hailing from diverse legal and cultural backgrounds. The study investigates the legal structure regulating international arbitration, specifically highlighting the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), which enables the enforcement of arbitral awards in more than 170 jurisdictions. It further explores the organizational framework that underpins arbitration, featuring prominent institutions such as the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), and Singapore International Arbitration Centre (SIAC). The study further examines the primary benefits of international arbitration, including party autonomy, confidentiality, speed, flexibility, and enforceability, while also considering challenges such as costs, possible delays, and procedural complexities. Through the use of case studies and comparative legal analysis, this paper highlights how arbitration improves legal certainty, promotes commercial stability, and increases investor confidence in the global marketplace. Furthermore, the paper explores India's evolving stance on international arbitration, recent legislative reforms, and its ambition to establish itself as a prominent arbitration hub. The conclusion drawn is that international arbitration serves not just as an alternative to litigation but is a vital component of international trade, offering an effective method for resolving disputes while preserving business relationships.

Item Type: Book Section
Subjects: Legal Studies > Dispute Resolution
Domains: Legal Studies
Depositing User: Mr Sureshkumar A
Date Deposited: 10 Dec 2025 10:29
Last Modified: 22 Dec 2025 07:04
URI: https://ir.vistas.ac.in/id/eprint/11314

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