What are some key considerations and challenges for legal practitioners and their clients in today’s global marketplace?
These are disruptive times. Multiple forces are pushing back against free trade and open borders, even international conventions and agreements. Yet, business isn’t going to stop crossing borders. Goods, services, and people will continue to move in international commerce in pursuit of lower costs, expanding markets, and other opportunities. Now more than ever, strategic planning must take account of the international rules of the game and whether they are being honored. Where do you want to resolve disputes, not just geographically but also whether in court or arbitration? If arbitration is the method, which arbitral tribunal will work best for you? How do you plan to bring your counter party within the jurisdiction of the tribunal you’ve selected? What amount of time will be required before you begin the court proceedings or dispute resolution process? If you obtain an award, how are you going to enforce it across borders? These are not afterthoughts. They deserve serious consideration and planning at the beginning.