... would adopt such a settlement mechanism unless it could be recognised and enforced in its own country. Almost every international commercial controversy poses a critical preliminary question : "Where, and by whom, will this dispute be decided?". Imagine you are a Canadian registered company and you have entered into a transaction with a French distributor for a delivery in Rotterdam payable to an English bank; Which courts have juridiction in case of a dispute and which is the applicable law of the contract ? Moreover, there are other reasons why a dispute can have materially different outcomes in different juridictions. Procedural, substantive, and other legal rules that differ from one country to another. The character, competence, and even integrity of tribunals also vary substantially among different juridictions.To avoid these tricky considerations, parties to international contracts often include contractual dispute resolution provisions in their agreements. These provisions significantly reduce the uncertainties inherent ...

See this essay or coursework document in full right now