International Arbitration: Resolving Global Disputes with TRW Law Firm
TRW Law Firm’s London office, Holborn Gate, 330 High Holborn, London, WC1V 7QH, England, advises international clients on the strategic and procedural issues that shape modern commercial arbitration. This note summarises key considerations for disputes seated in England and Wales and for parties choosing London as their dispute resolution hub.
Why choose arbitration and why London?
International arbitration offers party autonomy, neutrality, flexible procedures and wide enforceability under the 1958 New York Convention. London is a preferred seat for many international disputes because of its experienced judiciary, well-established support services, and a statutory framework that supports arbitration, including clear court powers to assist with interim measures and enforcement.
Core procedural and strategic considerations
Key matters to address at the outset include the arbitration clause, the seat, and the institutional rules (for example, ICC, LCIA, SIAC or ad hoc under UNCITRAL rules). The seat determines the supervisory court, the scope of court intervention and the applicable procedural law. Consideration should also be given to emergency relief and interim measures, evidence preservation, the likely timetable and budgeting, and any tax or foreign exchange consequences of an award.
Practical checklist before commencing arbitration
- Confirm and analyse the arbitration clause (seat, governing law, rules).
- Decide on institutional rules vs ad hoc arbitration and draft procedural timelines.
- Consider injunctive or interim remedies and whether to apply for emergency arbitrator relief.
- Preserve and catalogue key documents and witness materials; consider early disclosure protocols.
- Appoint experts where specialized technical issues are anticipated.
- Estimate costs and funder/insurance implications; agree on confidentiality and public filing strategy.
- Plan enforcement strategy early — assess parties’ assets and likely jurisdictions for recognition of an award.
Enforcement, setting aside and court support
In England and Wales, an arbitral award is enforceable as a court judgment subject to limited grounds for challenge under the Arbitration Act 1996. Courts can grant substantial assistance, including orders for interim relief, compelled disclosure in support of arbitration and enforcement of foreign arbitral awards. Challenges to awards are confined to narrow statutory grounds, reinforcing the finality that parties seek through arbitration.
Jurisdiction and sources
Primary official sources and institutional authorities to consult include:
- Arbitration Act 1996 (legislation.gov.uk)
- Ministry of Justice (gov.uk)
- London Court of International Arbitration (LCIA)
- International Chamber of Commerce (ICC)
- UNCITRAL and the UNCITRAL Rules
For institution-specific procedures and fee schedules consult the relevant institutional rules and practice notes. For jurisdiction-specific court support and enforcement practice, consult official guidance from the courts and the Ministry of Justice.
General information only; not legal advice and not a substitute for advice on a particular matter.
