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The Resolution of Commercial Disputes, What is Arbitration?, Why use this…
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Mediation: Useful Information
- Most countries involved in trade, have laws that permit arbitration and specify the effects of a arbitration award
- There are many worldwide bodies that provide arbitration services
- Contracts containing arbitration clauses, removes uncertainty of action should a breach occur. This is why it a arbitration clause is included in many contracts.
- The courts of many countries enforce arbitration awards
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- Territorial jurisdiction
- In rem jurisdiction
- Subject matter jurisdiction
- Diversity jurisdiction
- In Personam jurisdiction
“due process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the mainte-nance of the suit does not offend traditional notions of fair play and substantial justice.” International Shoe Co. v. Washington, 326 U.S. 310 (1945).
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Whenever a case is properly heard in the courts of more than one jurisdiction, it should be heard in the jurisdiction that is more convenient and has the closer connection to the cause of action that led to the case.
NB: Forum Shopping may be used as a tactic to shop around for better legal "deal". Forum Selection Clauses in contracts fixes jurisdiction in advance, should mediation or litigation occur