Question
Business law course. True/ false statement. urgent.thanks Parties to an international agreement have some control as to what country's laws will apply to the contract
Business law course. True/ false statement. urgent.thanks
Parties to an international agreement have some control as to what country's laws will apply to the contract and whether a dispute will be litigated or arbitrated, and in which country.
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Both arbitration and litigation are governed by international rules that provide for similar enforcement mechanisms around the world.
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The main benefit of the the New York Convention and the UNCITRAL Model Law is that international arbitral awards related to Canada are recognized and enforced almost automatically with no need to bring an action on the award in a local court.
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Parties to an international contract are free to specify in a choice of law clause that their contract will be governed by the law of a particular jurisdiction, provided that the selection is made in good faith and not to avoid the public policy of a country with a close connection to the contract.
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Once a plaintiff has brought an action in its chosen jurisdiction, the defendant may be able to object to the jurisdiction on the basis of forum non conveniens and have the action stayed or dismissed.
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