ABSTRACT
International arbitration and litigation have traditionally been the principal methods of cross-border dispute resolution, but they are not the only means of resolving disputes. Multi-tier clauses are, for example, an increasingly popular option. These provide for negotiation or a non-binding form of dispute resolution such as mediation as an optional or mandatory prerequisite to embarking upon litigation or arbitration. Another form of clause is an option to the parties to elect arbitration at the time of the dispute with a fall-back of litigation failing such exercise. This chapter gives an overview of the pros and cons of international arbitration as against litigation. Other forms of dispute resolution are also discussed. The following topics are considered:
enforcement;
privacy and confidentiality;
cost and delay;
choice of the tribunal;
a neutral forum;
forum shopping;
additional parties and other claims;
precedent and certainty of result;
flexibility of the process; and
other forms of dispute resolution.
