Domestic Arbitration in Real Estate Matters: Comparative Law Perspective

Domestic Arbitration in Real Estate Matters: Comparative Law Perspective

This is a Seminar previous to ICCA 2026 Madrid, 12 -15. 04.2026

Domestic arbitration has become an important mechanism for resolving disputes in real estate, energy, and infrastructure projects, offering efficiency, confidentiality, and procedural flexibility compared to traditional litigation. Arbitration, mediation, conciliation, adjudication are increasingly integrated not only as a dispute resolution tool but also as part of broader dispute prevention and mitigation strategies.

In Spain, Portugal, and Andorra, modern arbitration frameworks allow parties involved in real estate and infrastructure projects to submit contractual disputes to arbitral tribunals, particularly in complex commercial developments. The United Kingdom provides a strong pro-arbitration environment under the Arbitration Act 1996, where arbitration is widely used in construction, property development, and energy projects, often supported by dispute boards and early-resolution mechanisms.

Across Europe, arbitration is commonly employed in cross-border real estate investments and infrastructure contracts, facilitating neutral and efficient dispute management. In China, particularly in Hong Kong, well-established arbitration institutions and reliable enforcement mechanisms make arbitration a preferred forum for property, construction, and energy-related disputes.

Nigeria has also strengthened its arbitration framework to support dispute resolution in growing real estate and infrastructure sectors.

Overall, these jurisdictions demonstrate a growing reliance on arbitration, mediation, conciliation, adjudication and not only for dispute resolution but also for effective dispute prevention and mitigation in large-scale development projects.

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