Increased International Arbitration in American ADR Venues

February 18, 2011 (Press-News.org) Arbitration and mediation of international commercial disputes takes place in a variety of venues, and the location is often determined by the commercial contract that has been brought into dispute. For offshore businesses that find themselves needing local counsel in the U.S., that likely means working with an international arbitration attorney in Boston, New York, Chicago or another major American city.

"International arbitration is a field more and more U.S. law firms are discovering. It's a thriving area," the former secretary general at the Paris arbitration center of the International Chamber of Commerce recently told The Washington Post. One increasingly popular venue is the World Bank's International Centre for the Settlement of Investment Disputes (ICSID) in Washington, D.C., which hears disputes involving bilateral investment treaties, cases that generally involve foreign governments. ICSID's caseload has increased tenfold since its inception in 1972.

Yet ICSID cases tend to be extremely large and complex, and that increasing volume still means only a peak of 37 cases heard in 2007. That pales in comparison to the quantity of cases heard by the International Centre for Dispute Resolution (ICDR), which handles several hundred multinational arbitrations every year. While the ICDR maintains offices in New York City, Bahrain, Mexico and Singapore, alternative dispute resolution proceedings under its administration take place in many other locations.

Experienced Counsel to Unravel Complex International Commercial Disputes

For a company from Brazil, India, China, Ireland, Spain, Argentina or other distant shores that has millions of dollars at stake in an international commercial transaction or joint venture that went awry, enlisting trusted local counsel is an important decision. Clients should consider a law firm's experience with representative issues such as:
- Breach of contract
- Fraud and misrepresentation
- Multi-party disputes
- Non-compete agreements
- Licensing agreements

Decisions obtained in arbitration are binding, just like any court verdict or settlement, but American law firms can also help clients with enforcement of judgments, which may require action in local courts. By arranging a confidential consultation with an American international arbitration law firm, you can learn about your legal rights and gain some insight into likely resolution durations.

Article provided by Sally & Fitch LLP
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