ow jurisdiction is determined in International disputes and outline the processes available for dispute resolution.
No judicial body exists to deal with legal commercial problems arising between citizens of different countries. Courts such as the World Court at the Hague are strictly for resolving disputes between sovereign nations rather than between private citizens.
When international commercial disputes must be settled under the laws of one of the countries concerned, the question of which law governs is usually determined in one of three ways:
A. On the basis of jurisdictional clauses included in contracts
B. On the basis of where a contract was entered into
C. On the basis of where the provisions of the contract were performed.
The most clear-cut means is to include a jurisdictional clause in the original contract.
I. Conciliation (mediation) ¡V is a non-binding agreement between two parties to resolve disputes by asking a third party to mediate differences. Conciliation sessions are private and confidential; the statements made by the parties may not be disclosed or used as evidence in any subsequent litigation or arbitration.. The track record for this process is excellent.
II. Arbitration ¡V the parties involved select a disinterested third party as a referee to determine the merits of the case and make a judgment that both parties agree to honor. In most countries agreements are enforceable by law.
New York Convention ¡V a convention that binds over 120 countries to uphold foreign arbitration awards
III. Litigation ¡V are often avoided at all costs since most believe that almost all victories are bitter sweet because of the cost, frustrating delays and extended aggravation.
3. Assess the potential impact of international conventions in trademarks, patents, and copyrights on marketing to various countries.
In some Asian countries there is a negative attitude towards IP protection because there is an...