What is the difference between international arbitration and litigation?

What is the difference between international arbitration and litigation?

International arbitration vs. litigation is crucial to understanding when two parties are at odds. Before choosing one, it's important to compare their key differences. Arbitration is faster and more expensive than litigation. It's more private than litigation. Nonetheless, the nature of the issue, the amount of money at risk, and the speed of the procedure should be considered when choosing international arbitration or litigation. This article defines international arbitration and litigation, compares their pros and cons, and advises when and how to utilize either method.

Two parties may settle their disputes via international arbitration or litigation. Before choosing, consider both procedures' merits and downsides. Arbitration is when two parties agree to allow a third party (the arbitrator) to decide based on the facts. Two sides go to court, and a judge or jury decides based on the facts.


The nature of the issue, the amount of money at risk, and the timeliness of the procedure should be considered while choosing between international arbitration and litigation. Each choice has pros and cons that should be considered before choosing.

Benefits of arbitration: It's faster than litigation.
Arbitration is usually more private than litigation.
Litigation may cost more than arbitration.

Arbitration's drawbacks: Mediation is cheaper than arbitration.
The arbitrator's ruling is final and unappealable.

Litigation allows both parties to argue their case in court and have a judge or jury decide.
Each party may request pertinent information and documents from the other during litigation.
Appeal the decision if any party is dissatisfied.

International arbitration is faster, more private, and cheaper than litigation, which enables both parties to present their case in court and have a judge or jury decide. Litigation allows discovery, whereas arbitration may cost more than mediation, and the arbitrator's ruling is final.

Businesses should consider the dispute's nature, the amount of money at risk, and how fast they need a decision when choosing between international arbitration and litigation. In certain circumstances, arbitration may be preferable to litigation. Consultation with an attorney versed in international arbitration and litigation may help choose the best choice for a case.

Many aspects must be addressed when choosing international arbitration or litigation. The dispute's nature, the parties involved, the amount of money at risk, and the process's timeliness are all crucial. Consider the conflict. Arbitration may be ideal for complicated or secret cases. Litigation may be best if there's a lot of money or complicated finances.

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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