The Effectiveness of International Commercial Arbitration in the Resolution of Cross-Border Commercial Disputes.

Purpose: International commercial arbitration (ICA) is widely presented as the default forum for cross-border commercial disputes, chiefly because of party autonomy, neutrality, confidentiality and the global enforceability of awards under the 1958 New York Convention. Yet claims about its effectiveness are often asserted rather than evidenced. This review systematically maps and critically synthesises scholarship published between 2010 and 2026 on whether, how and under what conditions ICA effectively resolves cross-border commercial disputes. Design/methodology: Following the PRISMA 2020 reporting guideline, twelve pre-defined search strings were run in the Crossref scholarly metadata index, yielding 1,200 records. After de-duplication and staged screening against explicit inclusion and exclusion criteria, 42 journal articles were retained and appraised with an adapted quality instrument for doctrinal and sociolegal research. Findings were synthesised thematically. Findings: Five themes emerge: (1) enforceability under the New York Convention remains ICA's strongest effectiveness claim, but is qualified by divergent national treatment of the public-policy exception and of annulled awards; (2) the supportive or interventionist posture of courts at the seat and enforcement state is the single most decisive variable, especially in Sub- Saharan Africa; (3) rising cost, delay and post-award litigation erode ICA's efficiency advantage; (4) procedural innovations—emergency arbitrators, interim measures, virtual hearings and third-party funding—improve access and speed but create new enforcement and legitimacy risks; and (5) arbitrator independence and impartiality are central to perceived legitimacy. The literature is dominated by doctrinal analysis; robust empirical, outcome-based evidence—particularly from Africa and East Africa—is scarce. Originality/value: The review offers an integrated, multi-dimensional framework for assessing ICA effectiveness (enforceability, efficiency, procedural fairness, legitimacy and accessibility) and sets out a research agenda for empirical and African-focused work.