IHL

Arbitration

At International House of Law (IHL), arbitration isn’t just another practice, it is the foundation of our expertise.

Our firm is made up of seasoned arbitrators, legal academics and practitioners with experience acting as arbitrators, counsel, judges and researchers in international arbitration. This multi‑perspective experience helps us anticipate challenges, craft winning strategies and secure favorable awards for our clients.

Arbitration offers a private, efficient and enforceable alternative to court litigation. Success requires deep procedural knowledge, strategic case management and mastery of arbitral rules. Our team has in‑depth experience with leading arbitral institutions, including the International Chamber of Commerce (ICC), Permanent Court of Arbitration (PCA), United Nations Commission on International Trade Law (UNCITRAL), Arbitration Center of Iran Chamber of Commerce (ACIC), Tehran Regional Arbitration Center (TRAC) and the International Centre for Settlement of Investment Disputes (ICSID).

 

Case Strategy & Risk Assessment – We identify the strengths and weaknesses of your case to develop a winning arbitration strategy. Our experts advise on choice of arbitral seat, applicable law and tribunal composition.

Institutional & Ad‑Hoc Arbitration – We handle cases under ICC, PCA, UNCITRAL, LCIA, ICSID, and other major arbitral rules. Our lawyers represent clients in commercial, investment and treaty‑based arbitration.

Enforcement & Annulment of Awards – We assist with the recognition and enforcement of arbitral awards under the New York Convention and pursue annulment or set‑aside proceedings against unfair awards.

Cross‑Border Dispute Resolution – Our team manages complex, multi‑jurisdictional disputes involving multiple legal systems and collaborates with international experts to achieve the best legal outcome.

With experience on all sides of arbitration, IHL offers both legal excellence and insider knowledge, allowing us to anticipate challenges and maximize results.

FAQ

What are the advantages of arbitration?

Arbitration is faster, more flexible, and often more cost-effective than court litigation. It also allows parties to choose specialized arbitrators, ensuring expert decision-making in complex cases.

Can an arbitration award be challenged?

Yes, arbitration awards can be challenged in limited cases, usually on grounds such as lack of jurisdiction, procedural irregularities, or violation of public policy.

What types of disputes can be resolved through arbitration?

Arbitration can be used to resolve a wide range of disputes, including commercial, construction, maritime, energy, technology, and investment disputes. It is particularly suited for complex cross‑border contracts, shareholder disagreements, and industry-specific matters where parties prefer a neutral forum and specialized decision‑makers.

How long does arbitration typically take?

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How are arbitrators selected?

Arbitrators are typically selected by agreement of the parties or according to the rules of the chosen arbitral institution. In many institutional arbitrations, each party appoints one arbitrator and those two arbitrators agree on a chair. Alternatively, the parties may jointly agree on a sole arbitrator. Selection criteria include expertise in the subject matter of the dispute, neutrality, language skills, and availability. If the parties cannot agree, the appointing authority or institution will designate the arbitrator(s) based on the applicable rules.

Is an arbitrator’s decision final and binding?

Yes, arbitration awards are generally final and binding on the parties. Under most arbitration rules and laws, awards can only be challenged on very limited grounds, such as lack of jurisdiction, serious procedural irregularity, or violation of public policy. This finality is one of the reasons arbitration is favored for commercial disputes.

Is arbitration confidential?

Yes, arbitration proceedings are generally confidential. Hearings are held in private and documents submitted during the proceedings are not part of the public record. However, confidentiality can depend on the rules of the chosen arbitral institution and any agreement between the parties. In some jurisdictions or sectors, certain aspects of the award may need to be disclosed, but parties typically value arbitration for its private nature.

What are the costs associated with arbitration?

The cost of arbitration varies depending on the complexity of the case, the amount in dispute, the number of arbitrators, and the arbitral institution’s fees. Parties typically pay administrative fees to the institution (if applicable), arbitrators’ fees, and their own legal costs. Overall, arbitration can be more cost ‑effective than litigation due to faster resolution and procedural flexibility, but high‑value disputes can still incur significant expenses.

What are the steps in the arbitration process?

The arbitration process typically involves several stages: first, the parties agree to arbitrate or rely on an existing arbitration clause. The claimant initiates the proceedings by filing a request or notice of arbitration. Arbitrators are then selected according to the agreed rules or party agreement. The tribunal and parties hold a preliminary conference to set a procedural timetable. The parties exchange written submissions and evidence, followed by hearings where witnesses may testify. After the hearings, the arbitrators deliberate and issue a reasoned award that is binding on the parties. Specific steps may vary depending on the chosen arbitral rules and the complexity of the case.

What happens if a party refuses to participate in arbitration?

If a party refuses to participate in arbitration despite agreeing to it, the arbitration can still proceed. Most arbitration rules allow the tribunal to continue ex parte (in the absence of the non‑participating party) provided that the refusing party was given proper notice. The participating party will present its evidence and arguments, and the arbitrators will issue an award based on the submissions. Courts can compel a reluctant party to arbitrate if there is a valid arbitration agreement, and they will generally enforce an award issued even if one party refused to take part. However, a party that refuses to participate forfeits its chance to present its case and may face an enforceable adverse award.