International arbitration offers numerous advantages over court litigation for cross-border commercial disputes, but one overlooked advantage is a reasonable level of discovery that allows parties to prove their claims, while avoiding unnecessary investigation into immaterial matters that do not bear on the ultimate resolution of the dispute. This article examines how international arbitration rationalizes the discovery process and keeps parties focused on the real issues that matter.

International Arbitration vs. U.S. Court Litigation

While there are numerous practical and procedural differences between international arbitration and U.S. court litigation, two in particular bear on the manner in which discovery is conducted.