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Resolving International Commercial Disputes - Coggle Diagram
Resolving International Commercial Disputes
Avoiding business disputes and Alternative Dispute Resolution (ADR)
Avoiding Business Disputes
seeking good legal council
Contract: "hope for the best plan for the worst"
trust in long term business relationships
Awareness of Cultural Differences
Differences in business conduct
Differences in negotiaion
Alternative Dispute Resolution (ADR)
Mediation
Voluntary
conciliation process
Non-binding
Arbitration
formalized process
enforced by court
binding award result
Litigation
Case brought before court of law
court has jurisdiction
for resolution
Difference in legal systems
Procedural law (process that must be followed)
Substantive law (law of the case)
litigation steps
Determine jurisdiction
In rem.
Subject matter
Territorial
Conflict of laws
Rules used by courts
Determine jurisdiction applicability
Practical examples
Application to contracts
Applications to torts/delicts
Choice of law clauses
parties stipulate jurisdiction
if unreasonable or unlawful courts may refuse
Disputes with nations