Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Managing International Arbitration and Breach of Contract Cases

Author: Scarinci Hollenbeck, LLC

Date: January 30, 2024

Key Contacts

Back
Managing International Arbitration and Breach of Contract Cases

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.

Benefits of International Arbitration

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:

  • Neutrality: Arbitration provides a neutral forum and eliminates the risk of resolving your dispute in a foreign legal court that may favor its citizens.
  • Expertise: International arbitrators are generally more knowledgeable about international business practices and legal norms.
  • Flexibility: Arbitration gives the parties greater flexibility and control over the dispute resolution process. For instance, arbitration rules can be established by the parties so that they reflect the relationship of the parties, the industry in which they operate, and/or the nature of their disputes.
  • Confidentiality: In contrast to public court proceedings, arbitration is typically a confidential process, which ensures the parties’ proprietary information is shielded from public view. The parties may also specify the degree of confidentiality required in their arbitration agreement
  • Predictability: Through arbitration provisions, parties can decide the forum in which their dispute will be resolved and the procedures that will govern those proceedings. Arbitration agreements also generally allow the parties to play a role in the selection of the arbitrators.
  • Finality: Arbitration decisions are generally final and not subject to a protracted and potentially costly appellate process.
  • Enforceability: U.S. court judgments may not be recognized overseas. The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, better known as the New York Convention, governs international arbitration awards for more than 160 signatory countries. It requires that the courts of member nations recognize and enforce foreign arbitral awards and arbitration agreements. 

Resolving International Breach of Contract Disputes

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.

We Help Businesses Navigate International Business Disputes

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.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Zoning Laws Explained: What You Need to Know Before Buying Property post image

Zoning Laws Explained: What You Need to Know Before Buying Property

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "Zoning Laws Explained: What You Need to Know Before Buying Property"
Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future post image

Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]

Author: George McGowan

Link to post with title - "Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future"
What Every Real Estate Investor Should Know Before Buying a Rental Property post image

What Every Real Estate Investor Should Know Before Buying a Rental Property

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]

Author: Donald M. Pepe

Link to post with title - "What Every Real Estate Investor Should Know Before Buying a Rental Property"
Can You Change an Irrevocable Trust in New Jersey? post image

Can You Change an Irrevocable Trust in New Jersey?

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]

Author: Marc J. Comer

Link to post with title - "Can You Change an Irrevocable Trust in New Jersey?"
How Intellectual Property Valuation Will Impact Business Transactions post image

How Intellectual Property Valuation Will Impact Business Transactions

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]

Author: Jay McDaniel

Link to post with title - "How Intellectual Property Valuation Will Impact Business Transactions"
Data Center, Dark Fiber, and Lit Services Agreements in New Jersey: Key Terms and Legal Pitfalls post image

Data Center, Dark Fiber, and Lit Services Agreements in New Jersey: Key Terms and Legal Pitfalls

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]

Author: George McGowan

Link to post with title - "Data Center, Dark Fiber, and Lit Services Agreements in New Jersey: Key Terms and Legal Pitfalls"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!