Dispute Resolution | LegaMart

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QuestionDec 13, 2021 - 8:47

Dispute Resolution

I’m making a contract, and my counterparty insists on applying German laws and courts to the contract for Dispute Resolution. Is there any validated international organization that could be substituted?

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author
Dec 13, 2021 - 13:45

Hi! It depends on the convenience of both Parties. Like it would be better to have an organization in between both nations like the Dubai International Arbitration Centre. But, from a practitioners point of view, it would be recommended to employ a centre that is well established like the ICC in Paris or the Permanent Court of Arbitration., who have seasoned case managers. One aspect, to be kept in mind is regarding cost. Try looking for a cost-effective centre if there are budgetary restrictions.

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author
Jan 12, 2022 - 0:51

It depends on the type of contract you are making. There are some that may be potentially governed by an UN Convention on the Carriage of Goods by Sea. If neutrality is your concern and the governing law is non-negotiable, to temper the one-sided nature of the contract, you may also look at potentially using arbitration as the mode of Dispute Resolution.

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author
Mar 18, 2022 - 20:19

On top of the other colleagues' valuable comments, I would add: - enforceability (e.g. if you are a Vietnam based company, good luck enforcing a German court's sentence); - language; - physical / online management of the dispute (during a pandemic, can the parties travel far?); - need for specialised knowledge by the court / ADR centre.

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