International Arbitration & Mediation Solicitors in London

International commercial disputes can involve parties, contracts, assets and evidence spread across several countries. The dispute resolution clause can determine where the case is heard, which rules apply and how a successful award may later be enforced.

Nath Solicitors is a boutique London law firm representing businesses, shareholders, investors, professionals and senior executives in substantial international arbitration and cross-border mediation, including proceedings under the LCIA Rules.

To discuss an international dispute confidentially, call 020 3983 8278 or complete our online contact form.

We advise at every stage, from reviewing an arbitration agreement and assessing jurisdiction through tribunal proceedings, settlement negotiations, mediation, final awards and enforcement.

This page focuses specifically on international arbitration and mediation involving overseas parties, cross-border contracts, international assets, foreign-law issues or awards that may need to be enforced abroad. For commercial arbitration and mediation without a significant international element, see our Arbitration & Mediation Solicitors page.

What is international commercial arbitration?

International arbitration is a private dispute resolution process in which parties submit a commercial dispute to an independent arbitrator or tribunal rather than asking a national court to determine the substantive claim.

It is frequently used where businesses or individuals in different countries have agreed that disputes arising from their commercial relationship will be resolved through arbitration.

An international arbitration clause may specify:

• the seat of arbitration;
• the arbitral institution and applicable rules;
• the number of arbitrators;
• the language of the proceedings; and
• governing or tribunal-appointment arrangements.

The tribunal determines the dispute and issues an arbitral award.

International arbitration can be particularly valuable where parties want a neutral forum or anticipate that the resulting award may need to be recognised and enforced against assets in another country.

An arbitration clause can appear to be a relatively minor contractual provision when an agreement is signed. Once a substantial dispute begins, it can become one of the most important provisions in the contract.

Why does the seat of arbitration matter?

The seat is the legal home of the arbitration.

It is not necessarily the place where a hearing physically takes place.

The seat can determine the procedural law governing the arbitration and which national courts exercise supervisory powers over the process.

For an arbitration seated in England, Wales or Northern Ireland, the Arbitration Act 1996 provides the core statutory framework, incorporating the reforms made by the Arbitration Act 2025.

A hearing could take place in another country or be conducted remotely without necessarily changing the legal seat.

The distinction matters because parties sometimes assume that a reference to London, another hearing location or a particular arbitral institution automatically answers every question about the seat.

The arbitration agreement should be reviewed carefully.

Which law governs the arbitration agreement?

The Arbitration Act 2025 introduced an important rule concerning the law applicable to arbitration agreements within the amended English statutory framework.

Where the parties expressly choose a law for the arbitration agreement, that law applies.

Where they do not make an express choice, the law of the seat applies.

A choice of law governing the wider commercial contract does not, by itself, amount to an express choice of law for the arbitration agreement.

This distinction can become significant where the parties disagree about:

• whether a valid arbitration agreement exists;
• the scope of the arbitration clause;
• whether a particular claim falls within it; or
• which legal principles determine those questions.

An English-law commercial contract therefore does not automatically answer every question concerning the arbitration agreement itself.

The Arbitration Act 2025

The principal reforms made by the Arbitration Act 2025 came into force on 1 August 2025.

For international arbitration users, important changes include:

• the new rule governing the law applicable to arbitration agreements;
• a statutory duty requiring arbitrators to disclose circumstances that might reasonably give rise to justifiable doubts about impartiality;
• an express power for tribunals to make awards on a summary basis where a claim, issue or defence has no real prospect of success;
• provisions strengthening support for emergency arbitrators, including routes connected with enforcement of their orders; and
• clarification of court powers supporting arbitration, including orders concerning third parties.

These reforms amend and build on the Arbitration Act 1996 rather than replacing it.

The 2025 reforms are subject to transitional provisions. In general, the amendments do not apply to arbitral proceedings commenced before 1 August 2025 or to related court proceedings, so the commencement date of an existing arbitration may matter.

The current statutory framework should therefore be considered alongside the date on which the particular proceedings began.

LCIA arbitration

Nath Solicitors has experience acting in substantial disputes conducted under the Rules of the London Court of International Arbitration.

The current LCIA Arbitration Rules took effect on 1 October 2020.

They provide a procedural framework dealing with matters including:

• commencement of the arbitration;
• tribunal formation;
• written submissions;
• procedural management;
• emergency relief;
• hearings;
• awards; and
• costs.

The Rules also provide mechanisms for expedited formation of the tribunal and appointment of an emergency arbitrator in qualifying circumstances.

Is LCIA arbitration confidential?

The LCIA Rules contain detailed confidentiality provisions.

Article 30 places confidentiality obligations on the parties concerning awards, arbitration materials and documents produced by another party that are not otherwise in the public domain, subject to stated exceptions.

The Rules also contain provisions addressing confidentiality obligations of the tribunal and publication of awards.

This is more precise than simply saying that arbitration is always confidential.

The applicable institutional rules, arbitration agreement and governing law should all be considered.

How does an international arbitration begin?

The exact process depends on the arbitration agreement and applicable institutional or procedural rules.

A typical case can involve the following stages.

1. Review the arbitration clause

The first task is to establish whether there is a valid arbitration agreement and whether the dispute falls within its scope.

The clause may also contain requirements concerning notice, negotiation or mediation before arbitration begins.

2. Identify the seat, rules and governing arrangements

The seat, institutional rules and applicable laws can affect procedure, tribunal powers and court supervision.

An international contract may contain different provisions addressing the governing law of the commercial relationship, the seat and the arbitral rules.

Those concepts should not be assumed to mean the same thing.

3. Commence the arbitration and constitute the tribunal

The claimant commences proceedings in accordance with the agreed rules.

The respondent then has an opportunity to respond, raise any jurisdictional objections and advance any counterclaim.

The tribunal may consist of a sole arbitrator or several arbitrators depending on the agreement and applicable rules.

4. Procedure, evidence, hearing and award

The tribunal determines how the case will proceed.

That can include directions dealing with:

• written submissions;
• documentary evidence;
• disclosure;
• witness statements;
• expert evidence;
• hearing arrangements; and
• procedural applications.

After considering the parties’ cases, the tribunal issues its award.

The available routes for challenging an award are limited and depend on the applicable statutory framework and circumstances.

Urgent relief and emergency arbitrators

Some international disputes require action before the ordinary tribunal has been fully constituted.

A party may be concerned that:

• assets are being transferred;
• evidence is at risk;
• important contractual rights require immediate protection; or
• waiting for normal tribunal formation could undermine the effectiveness of the arbitration.

The LCIA Rules provide mechanisms for expedited formation of the tribunal and emergency-arbitrator applications.

In qualifying circumstances, an emergency arbitrator can be appointed before formation of the ordinary tribunal.

The Arbitration Act 2025 has also strengthened the statutory framework supporting emergency arbitrators.

The appropriate route will depend on the arbitration agreement, applicable rules, seat of the arbitration, nature of the relief required and location of relevant assets or parties.

Urgency does not remove the need to establish which tribunal or court has power to grant effective relief.

International mediation

Mediation offers a different form of dispute resolution.

An independent mediator assists the parties in attempting to reach a negotiated settlement. Unlike an arbitrator, the mediator does not impose a binding decision on the merits of the dispute.

International mediation can be particularly useful where the parties need to address commercial issues extending beyond the narrow legal claim.

A settlement could deal with:

• payment arrangements;
• continuing contractual relationships;
• shareholder exits;
• intellectual property;
• future trading arrangements;
• confidentiality;
• termination of contracts; or
• several connected disputes.

In an international dispute, mediation can also allow parties to resolve issues involving different companies, currencies, jurisdictions or commercial relationships within one negotiated settlement rather than pursuing separate remedies in several forums.

The parties retain control over whether an agreement is reached and what its terms contain.

Mediation can take place before arbitration begins or while arbitral proceedings are already underway.

The enforcement position for an international mediated settlement is different from enforcement of an arbitral award and should be considered when settlement terms are documented.

Arbitration or mediation?

Arbitration and mediation perform different functions.

Arbitration provides a binding determination by a tribunal.

Mediation seeks an agreed commercial settlement.

An international dispute may use both.

A party might commence arbitration to preserve its contractual and procedural position while continuing to explore settlement through mediation.

If mediation succeeds, the arbitration can potentially be brought to an agreed end. If no settlement is reached, the arbitration can continue.

The appropriate approach should take account of:

• the dispute resolution clause;
• commercial objectives;
• relationship between the parties;
• evidence;
• costs;
• urgency; and
• enforceability of the intended result.

International arbitration should not automatically be assumed to be faster or cheaper than court litigation. Substantial proceedings can involve extensive evidence, experts, hearings and significant legal costs.

International enforcement of arbitral awards

One of the principal attractions of arbitration in international commercial disputes is the framework available for enforcement of qualifying awards.

The New York Convention provides an international system for recognising and enforcing foreign arbitral awards across contracting states.

In England and Wales, sections 100 to 103 of the Arbitration Act 1996 govern recognition and enforcement of New York Convention awards.

Section 101 provides that a qualifying award is recognised as binding and may, with permission of the court, be enforced in the same manner as a court judgment.

Enforcement is not automatic in every case. The Convention and domestic legislation contain defined grounds on which recognition or enforcement may be refused.

A favourable award has limited commercial value if the losing party has no accessible assets in a jurisdiction where enforcement is realistic.

The location of assets should therefore form part of the strategy before the arbitration reaches its final stage.

For detailed guidance on recognition and enforcement, see our International Judgment & Arbitral Award Enforcement page.

Working with lawyers in other countries

An arbitration may be seated in London while requiring legal or practical work elsewhere.

Foreign-law questions, witnesses, documents or assets may require assistance from local counsel.

Enforcement proceedings may ultimately need to be brought in the jurisdiction where the unsuccessful party holds assets.

Nath Solicitors works with overseas advisers where local input is required, coordinating the English arbitration strategy with steps taking place abroad.

For broader disputes concerning foreign courts, jurisdiction and international commercial litigation, see our International Disputes page.

Our international arbitration and mediation experience

Nath Solicitors has more than 30 years of litigation and dispute resolution experience, with Director Shubha Nath overseeing substantial international matters.

Our published work includes successfully defending a mining company in a multi-million-dollar LCIA arbitration involving contractual claims and allegations of negligence, fraud and breaches of fiduciary duty.

The proceedings required substantial disclosure and detailed analysis of the underlying commercial relationships.

All claims against Nath Solicitors’ client were dismissed and costs were awarded in its favour.

We have also represented a senior executive of a major international accounting practice in LCIA proceedings concerning partnership and pension issues, resulting in a negotiated resolution.

Our international mediation work includes advising a senior accountant based in Saudi Arabia in a dispute concerning almost US$1 million in outstanding contractual entitlements.

That dispute was resolved through mediation without the need for a final arbitral hearing.

These matters illustrate the different roles arbitration and mediation can perform in an international commercial dispute: one may require a binding tribunal process, while another can be resolved more effectively through structured negotiation.

This page contains general information about arbitration and mediation in England and Wales and international dispute resolution. It does not constitute legal advice in relation to any particular dispute.

Reviewed by Shubha Nath, Solicitor and Director