Originally from World Arbitration And Mediation Review (WAMR)

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THE ARBITRATION-LITIGATION

RELATIONSHIP IN TRANSNATIONAL
DISPUTE RESOLUTION:
EMPIRICAL INSIGHTS FROM THE
U.S. FEDERAL COURTS
Christopher A. Whytock∗

I. INTRODUCTION
This article explores two important dimensions of the relationship
between transnational arbitration and litigation. First, what is the
relationship between arbitration and litigation as alternative methods
of transnational dispute resolution? Some scholars and practitioners
argue that arbitration has largely replaced litigation as the method of
choice for transnational dispute resolution.1 But others suggest that
this view may overestimate the ascendance of arbitration and
underestimate the continued importance of litigation.2 Second, what is