“CROSS-BORDER COMMERCIAL DISPUTES AND THE ROLE OF INTERNATIONAL ARBITRATION”
AUTHOR – MRITUNJAY PRATAP SINGH* & PROF. (DR.) DEVENDRA SINGH**
* STUDENT, AMITY LAW SCHOOL, NOIDA
** PROFESSOR, AMITY LAW SCHOOL, NOIDA
BEST CITATION – MRITUNJAY PRATAP SINGH, “CROSS-BORDER COMMERCIAL DISPUTES AND THE ROLE OF INTERNATIONAL ARBITRATION”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 909-918, APIS – 3920 – 0001 & ISSN – 2583-2344
Abstract
Cross-border business disputes, fueled by globalized commerce and investment, have become a common concern in modern international law. These disputes are frequently the result of international contracts, corporate operations, and economic interactions between parties from various jurisdictions. Traditionally, addressing such disputes through litigation in national courts presented substantial problems, including as jurisdictional issues, delays, and competing legal systems. To solve these issues, international arbitration has become the primary method for resolving cross-border economic disputes. It offers an impartial, flexible, and efficient platform for dispute resolution, which has advantages over traditional court methods.
The goal of this dissertation is to investigate the critical role of international arbitration in resolving cross-border business disputes, with a special emphasis on the legal frameworks, procedural processes, and obstacles that parties and tribunals encounter in international arbitration. The paper critically explores the benefits and drawbacks of arbitration, the role of international treaties and conventions, and the effect of national laws on the enforcement and recognition of arbitral rulings. This study also examines the changing character and future of international arbitration considering current technological, economic, and legal advancements.
Keywords: Cross-border M&A, Indian Corporate Law, Competition Law, FEMA, SEBI, GAAR, Due Diligence, Regulatory Compliance, Taxation, International Treaties, Antitrust, Legal Risk Management, Deal Structuring, FDI.