Litigation vs Arbitration For Resolving Legal Disputes

When trying to resolve a dispute, arbitration and litigation stand out as two of the main ways for resolving legal conflicts.

Litigation refers to the process of resolving disputes through court proceedings in the jurisdiction where the dispute arises, while international arbitration involves resolving disputes outside of national courts through private adjudication.

The article examines the advantages and disadvantages of each method, compares their procedural aspects, and highlights the significance of choice between the two mechanisms in cross-border disputes. While both avenues serve the purpose of reaching a resolution, they differ significantly in terms of enforcement, privacy, appeal process, decision-maker selection, discovery, and speed.