Dispute Resolution
The Limits of Arbitration
Adaeze Okonkwo·2026-08-08·7 min
Arbitration is not always the faster, cheaper answer. Knowing its limits is half the strategy.
Arbitration is sold as the efficient alternative to litigation. In practice, its efficiency depends entirely on the discipline the parties bring to it.
Where it excels
For cross-border commercial disputes, confidentiality and the ability to choose a specialist tribunal make arbitration the natural forum. Awards travel under the New York Convention in ways judgments often cannot.
Where it strains
Multi-party disputes, interim relief and enforcement against recalcitrant states can make arbitration slower and costlier than the court it was meant to avoid. The strategy is not arbitration versus litigation — it is the right forum for the specific risk profile.
The best dispute is the one structured away before it begins.