Year: 2025
Type: article
Abstract: International business arbitration has emerged as the preferred mechanism for resolving disputes arising from cross-border commercial transactions. Its neutrality, flexibility, and global enforceability under instruments such as the 1958 New York Convention on the Recognition and Enforcement of Arbitral Awards, which have positioned arbitration as a cornerstone of international trade and investment. This article examines the contemporary landscape of international arbitration by analyzing its emerging trends, challenges and prospects. Using doctrinal, the study explores institutional reforms, the impact of technology, inclusivity in arbitral appointments, and the increasing role of third-party funding as key developments shaping arbitration practice. Challenges such as escalating costs, enforcement barriers, jurisdictional complexities and the tension between confidentiality and transparency are critically discussed with reference to both international and domestic experiences including Tanzania. The article further considers the prospects of digital arbitration, harmonization of laws, sustainability related disputes and the expansion of regional arbitral centers. The findings reveal that while arbitration continues to face significant criticisms, its adaptability and reforms promise to enhance its legitimacy and effectiveness as the premier dispute resolution mechanism in international business. Recommendations are made for strengthening legal frameworks, improving cost efficiency and ensuring inclusivity in arbitral processes to safeguard arbitration’s future relevance.
Author: Mkapa, Fidea
Institution: Tumaini University
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7084596793
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