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Resolving International Commercial Disputes - Coggle Diagram
Resolving International Commercial Disputes
Avoiding Disputes
Goal: Maintain long-term business relationships
Strategies:
Build trust
Clear communication
Risk planning
Well-drafted contracts
Contracts
Importance: Basis for dispute resolution
Key Clauses:
Forum selection clause → determines the court
Choice of law clause → determines applicable law
ADR clause → agreement to use alternative dispute resolution
Alternative Dispute Resolution (ADR)
Types:
Mediation → voluntary, non-binding, facilitator role
Arbitration → binding, final, faster than litigation
Negotiation → informal, flexible
Advantages:
Faster, cheaper, private
Less procedural complexity
Disadvantages:
Limited discovery
Limited appeal rights
Litigation
Definition: Formal dispute resolution in courts
Jurisdiction:
Personal jurisdiction → over parties
Subject-matter jurisdiction → over type of dispute
Venue: Geographic location of the court
Considerations:
Public process
Costly and time-consuming
Use forum selection clauses to reduce risks
Conflict of Laws
Definition: Rules to determine which country’s law applies
Purpose: Reconcile differences in international law
Tools:
Choice of law clauses in contracts
Court’s conflict of laws rules
International enfro
International Enforcement
Arbitration awards: Recognized under the New York Convention
Foreign judgments: Enforced if:
Proper notice given
Does not violate local public policy
Reciprocity exists