Legal Articles Archives

Cross-Border Arbitration in Aerospace Engineering: Advantages and Challenges

Posted on April 6, 2023

Aerospace engineering is a fast-growing industry that involves designing and testing aircraft, spacecraft, and other flying vehicles. With technological advancements and increasing international trade, companies in this industry often find themselves dealing with cross-border disputes that require legal intervention. This is where cross-border arbitration comes in. In this blog post, we dive...

The Power of the New York Convention

Posted on April 5, 2023

International corporations enter into contracts with different entities throughout the world. At times, disputes arise, leading to arbitration. The arbitrator issues an award when arbitrating a disagreement. The New York Convention of 1958 assists in enforcing awards rendered in international arbitration proceedings. Understanding the Convention helps ensure success in the complicated and...

Arbitrational Award vs. Judgment

Posted on April 4, 2023

International corporations are no strangers to dispute resolution processes, including arbitration, mediation, and litigation. However, once a dispute is resolved, the parties must enforce the decision, which can be a challenge when dealing with foreign countries. International corporations need to understand the fundamental differences between enforcing an international arbitration award and enforcing...

The Significance of Incoterms

Posted on April 1, 2023

If you expand overseas, you must navigate a complex web of laws and regulations to get started. One important area to understand is international trade terms, known as Incoterms. These terms define the responsibilities and obligations of buyers and sellers in international transactions. Incoterms determine who bears the risk and costs of...

Navigating International Franchising

Posted on March 29, 2023

In recent years, franchising has become a popular business expansion mode across borders. Franchisors not only use it to increase brand and business growth opportunities but also to provide a low-risk means to expand into new markets. However, franchisors face unique legal and economic challenges when they develop their brand beyond their...

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An International Breach: What to do?

Posted on March 26, 2023

In the age of globalization, businesses frequently engage in international transactions. Although contracts exist, parties may still experience disputes that can lead to litigation, causing significant financial losses and lengthy legal proceedings. International arbitration is an increasingly popular option to resolve these disputes in a more efficient and cost-effective manner. This blog...

Mining: From Concession to Expropriation – What Are Your Possible Remedies?

Posted on March 23, 2023

Mining can be a lucrative business for foreign direct investors. However, the risks and challenges that come with mining can never be completely eliminated. Many countries have laws and regulations that govern mining operations, but there are situations where mining concessions can be revoked or expropriated. In this...

Construction Defect in ISDS

Posted on March 18, 2023

Construction defects can pose significant risks to international construction projects, leading to financial losses, delays, and safety concerns. When construction defects lead to legal disputes, foreign investors may seek redress through investor-state dispute settlement (ISDS) mechanisms and hold the Host Government accountable. ISDS (Primer on International Investment Treaties and Investor-State Dispute...

Type of Claims in Investment Dispute

Posted on March 13, 2023

When disputes arise between states and private entities, the parties turn to international arbitration to resolve their issues. International arbitration is a process in which a panel of experts reviews each party's claims and makes a ruling that all parties must abide by. An investor must understand the different claims he can...

Does an Arbitrational clause survive past the termination of your contract? An overview of the separability doctrine.

Posted on February 26, 2023

If a contract is invalid or breached, the survival of an international arbitration clause becomes a question. Tribunals use Separability Doctrine to resolve contract termination in international arbitration. If you do not know what to do when you face an international breach of contract, please visit An International Breach: What to...