Although no party enters into a contractual relationship with a foreign counter-party expecting a dispute, every company with cross-border agreements and operations is exposed to substantial risk that its relationships with foreign counter-parties will produce a significant one. Cross-border disputes are materially different from purely domestic disputes. Preventing and efficiently resolving them requires careful planning.

Every party must consider litigation and arbitration risk when doing business across borders and plan for a proper resolution for those risks before the dispute arises. Careful identification of the types of litigation and arbitration risk and planning for their resolution assures a more prompt, reasonable and cost-effective means of resolving disputes and enforcing cross-border obligations. Conversely, a failure to identify and address key cross-border litigation and arbitration risks early makes dispute resolution more protracted, expensive and uncertain when the dispute arises. This class identifies key international litigation and arbitration risks and proposes workable and cost-effective legal solutions for them.

Educational Objectives:

• Learn how to identify the types of risks that result in disputes with foreign counter-parties to minimize the risks in cross-border transactions.
• Understand the crucial language that you should always use when drafting international arbitration agreements and foreign choice-of-court clauses.
• Find out how to use select clauses in your international dispute resolution provisions to obtain greater certainty in your transaction and maximize your partisan advantage.

Who would benefit from attending the program?

Outside counsel and in-house counsel who negotiate and litigate/arbitrate international commercial agreements.

Program Level: Intermediate

Credit Available: CLE. For more information, please click on the “CLE Credit” tab.