Planning for International Business Disputes

.

Chapter 9 in Introduction to International Business Transactions, 2024, pp 645-744 from Edward Elgar Publishing

Abstract: Chapter 9 examines how the expectation of future litigation affects international business transactions. After describing the general rules of adjudicative jurisdiction, it characterizes the uncertainties involved in transnational disputes. It then discusses the uses and enforceability forum selection clauses in the United States and European Union. It describes the Hague Convention on Choice of Court Agreements (HCCCA) in relation to choice-of-forum clauses. It then explains the general concepts of conflict of laws and how courts treat choice of law clauses in international contracts. It discusses recognition of foreign judgments through comity, uniform laws, and multilateral treaties. It also discusses the challenges of doing business with foreign governments, sovereign immunity, and U.S. approach in the Foreign Sovereign Immunities Act. Finally, it describes alternative dispute resolution in international transactions, its advantages in commercial contexts under the New York Convention, and the provisions of bilateral investment treaties for foreign investment arbitration.

Keywords: Business and Management; Economics and Finance; Law - Academic (search for similar items in EconPapers)
Date: 2024
References: Add references at CitEc
Citations: View citations in EconPapers (1)

Downloads: (external link)
https://www.elgaronline.com/doi/10.4337/9781035318162.00015 (application/pdf)
Our link check indicates that this URL is bad, the error code is: 503 Service Temporarily Unavailable

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:22630_9

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Darrel McCalla ().