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When international arbitration becomes domestic

Published on: 20 November 2018
Published by: Law360
  • When international arbitration becomes domestic
  • What is this development about?
  • Is the choice of law valid?
  • Is the choice of seat valid?
  • Other considerations
  • Government contracts
  • Conclusion

Article summary

Law360: 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. However, 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. Claudia Salomon and Irina Sivachenko of Latham & Watkins LLP discuss this issue. or take a trial to read the full analysis.

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