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
New Jersey Will Contest Grounds Explained post image

New Jersey Will Contest Grounds Explained

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]

Author: Marc J. Comer

Link to post with title - "New Jersey Will Contest Grounds Explained"
Legal Issues Before Bringing on Investors post image

Legal Issues Before Bringing on Investors

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]

Author: Dan Brecher

Link to post with title - "Legal Issues Before Bringing on Investors"
SECURE 2.0 RMD Planning Strategies post image

SECURE 2.0 RMD Planning Strategies

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]

Author: Marc J. Comer

Link to post with title - "SECURE 2.0 RMD Planning Strategies"
Buying Commercial Property in New Jersey: Legal Guide for Small Businesses post image

Buying Commercial Property in New Jersey: Legal Guide for Small Businesses

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]

Author: Robert L. Baker, Jr.

Link to post with title - "Buying Commercial Property in New Jersey: Legal Guide for Small Businesses"
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"
Common Legal Mistakes NYC and New Jersey Business Owners Make post image

Common Legal Mistakes NYC and New Jersey Business Owners Make

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]

Author: Dan Brecher

Link to post with title - "Common Legal Mistakes NYC and New Jersey Business Owners Make"

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.

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