When International Arbitration Becomes Domestic

By Claudia Salomon and Irina Sivachenko (November 14, 2018, 2:07 PM EST) -- Over the past decade, arbitration has become a popular form of dispute resolution, a default go-to mechanism in cross-border transactions. The rising popularity of arbitration is not surprising. Arbitration is known for giving parties autonomy to shape the dispute resolution process. Parties are attracted to the opportunity to select who hears their dispute, what law applies and where the arbitration takes place. But this autonomy is not without limits. When parties from the same country sign a contract, additional restrictions might apply. Companies relying on boilerplate clauses without checking local laws may find their dispute resolution clauses declared invalid....

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