Tackling International Litigation for Business
Subject: Political Science Paper 1
One of the most problems with doing business across international frontiers,
particularly online business, is that of international litigation, if it is often hard to exercise
rights during a foreign jurisdiction. it's perhaps one among the most important dangers with
contracting internationally that within the event of dispute, both parties claim their law is
trump, which causes some obvious problems as they struggle towards an amicable outcome.
However, there are some ways around this example for the savvy internet lawyer, including
the widely used choice of law clause and therefore the mutual arbitration or adjudication,
which may help bypass this example. during this article we'll check out a practical approach
to tackling online litigation, and therefore the ways during which a celebration can look to
resolve problems across national frontiers.
Initially, good dispute resolution begins with prevention, which suggests good and
effective drafting of the contract. Before transacting with anyone online, it's essential that you
simply are fully conscious of their terms and conditions of service and make sure you clarify
anything you want to ascertain within the contract. If your proposals aren't accepted, you're
much better to avoid transacting to avoid problems, particularly where substantial money is at
stake. Alternatively, if you're drafting an agreement from scratch, it's imperative that you
simply decide mutually on the terms, particularly what's referred to as the selection of law
clause. Choice of law refers to a specific designation within the contractual terms which
stipulates that within the event of a dispute, both parties undergo an exclusive jurisdiction.
this is often usually to the favour of the seller's knowledge, although may even be a neutral
jurisdiction to avoid perceived bias. if the selection of law is stipulated beforehand, it's a very
effective way of ensuring disputes are properly resolved to the satisfaction of both parties.
