{"id":3190,"date":"2026-06-25T17:25:58","date_gmt":"2026-06-25T17:25:58","guid":{"rendered":"https:\/\/urbanthier.de\/?p=3190"},"modified":"2026-07-01T16:49:06","modified_gmt":"2026-07-01T16:49:06","slug":"international-arbitration-in-the-usa","status":"publish","type":"post","link":"https:\/\/urbanthier.de\/en\/internationale-schiedsverfahren-in-den-usa\/","title":{"rendered":"International Arbitration in the USA"},"content":{"rendered":"
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International Arbitration in the USA<\/h1><\/div><\/div>\n\n
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Image source: kamiphotos<\/span><\/p>\n<\/div><\/div>\n<\/div>\n\n

Arbitration is a form of private dispute resolution outside of state courts. Unlike in a classic court proceeding, the decision on a legal dispute is not made by a state judge, but by one or more independent arbitrators who are selected by the parties or appointed according to the rules of an arbitral institution.
Especially in international business, arbitration proceedings have become an important instrument for resolving cross-border disputes. Numerous international trade agreements, joint venture agreements, license agreements, distribution agreements, or company purchase agreements now contain arbitration clauses that exclude state courts and instead provide for the jurisdiction of an arbitral tribunal.<\/p>\n

For companies from Germany, Austria, and Switzerland, however, participating in an international arbitration proceeding in the United States can involve significant legal, linguistic, and strategic challenges.<\/p>\n<\/div><\/div>\n\n

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What is arbitration?<\/h2><\/div><\/div>\n\n

Arbitration is a private process for resolving a legal dispute. The parties agree, either before a conflict arises or after a dispute has occurred, that an independent arbitrator or arbitration panel will decide the case.
Depending on the agreement, the arbitration tribunal can consist of a sole arbitrator or a panel of multiple arbitrators. Three arbitrators are often appointed, with each party appointing one arbitrator and those arbitrators then jointly appointing the presiding arbitrator. Many arbitration rules intentionally provide for an odd number of arbitrators to avoid deadlock.
The decision of the arbitral tribunal is called an arbitral award and is enforceable in many countries worldwide.<\/p>\n<\/div><\/div>\n\n

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The different types of arbitration procedures<\/h2><\/div><\/div>\n\n

Arbitration proceedings are used in various legal fields.<\/p>\n<\/div><\/div>\n\n

1. Commercial arbitration<\/h2><\/div><\/div>\n\n

By far the most common form is commercial arbitration between companies. These typically involve disputes arising from:<\/p>\n