Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: January 30, 2024
The Firm
201-896-4100 info@sh-law.com
Breach of contract cases and other business disputes become significantly more complicated when international borders are involved. International arbitration provides a neutral forum for business partners to resolve these disputes with greater predictability and efficiency.
To reap the full benefits of international arbitration, parties should determine at the outset how they will resolve disagreements arising from their transactions. We frequently encounter businesses that are shocked to learn that their legal rights and remedies may be determined by an unfamiliar legal system thousands of miles away. Thankfully, there are steps your company can take at the contract negotiation stage to establish certainty and protect your legal rights.
As cross-border transactions have become more prevalent, reliance on international arbitration has also grown, particularly when resolving complex, transnational commercial disputes. Some of the advantages of international arbitration over traditional court proceedings include:
In the commercial context, the bulk of all international arbitrations involve breach of contract disputes. Therefore, when negotiating international agreements, U.S. companies should carefully consider arbitration clauses.
Some of the most important provisions of any arbitration agreement include the forum for arbitration, procedural rules, and governing law. The seat of the arbitration determines the legal location of the arbitration and the procedural law that will apply. This designation is important because selecting an arbitration-friendly jurisdiction, particularly one subject to the New York Convention, generally makes it easier to conduct the arbitration with minimal court involvement and enforce the resulting arbitration award.
A choice of law clause or governing law provision allows the parties to designate which state or country’s laws will apply to the interpretation of the arbitration agreement. Because the law governing the arbitration agreement does not have to be the same as the law governing the underlying substantive contract, including a provision expressly designating the governing law of an arbitration clause can help avoid costly disputes.
Parties may specify specific procedural rules or defer to the rules of a pre-designated arbitration tribunal. There are many different international arbitration forums. Some of the most well-known include the International Court of Arbitration of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), and the International Centre for Dispute Resolution (ICDR). While the rules of the forums are similar, it is important to determine which is best suited to resolve the parties’ disputes. There are also arbitral institutions that deal exclusively with certain areas of law, such as the World Intellectual Property Organisation (WIPO) Arbitration and Mediation Center.
At Scarinci Hollenbeck, we advise businesses of all sizes regarding their international operations. Our attorneys work closely with clients to develop strategies that allow them to capitalize on opportunities and minimize the risks that often arise when conducting business overseas, which includes the negotiation of international arbitration agreements. When disputes arise, our experienced arbitration attorneys are prepared to protect our clients’ interests whenever and wherever we are needed.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Author: Angela A. Turiano

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher

Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]
Author: Dan Brecher

The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]
Author: Dan Brecher

Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]
Author: Dan Brecher

Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!