INTERNATIONAL

DISPUTE RESOLUTION
CHRISTINA KARLIA-PALOMÄKI HAAGA-HELIA UNIVERSITY OF APPLIED SCIENCES 11.3.2018
 INTERNATIONAL DISPUTE RESOLUTION

• It is important, as international disputes are expensive, foreign counsel may be needed,

international disputes may be long and unpredictable
• Dispute resolution should be planned during negotiation and drafting
• It becomes more difficult after the dispute has arisen
• Adaptation clauses like force majeure or excusable delay clauses are ways to adapt to
certain future events
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• Escalation clause: preparing for long-term contracts, which have a risk of other factors
like inflation influencing
• A given price may be in effect for a certain time and after that it will be pegged to a
publicly available inflation index
• Variation and substitution clauses allow some difference in the composition of the goods,
as long as they are functionally as good as the contract goods
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• Waiver: voluntarily not insisting on precise performance from the other party or not
excercising the right to remedies in connection with minor contract breaches

• Re-negotiation: the parties may agree mutually on changes of a contract

• The assistance of an expert: informal and quick

 INTERNATIONAL LITIGATION

• Slow and costly

• Often benefits the stronger party, who may refer to its own local court
• Choice of forum: choosing the national courts of the parties or courts, in which there is
likelihood to success
• Forum shopping: finding the best possible court for the dispute resolution
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• The choice of law and applicable law: in case the contract includes no clauses cncerning
the applicable law, the court may apply the theory of ”conflict of laws” in which it
decides the best applicable law and looks where the contract was negotiated, signed,
where is is to be performed and what are the domiciles of the parties

• Enforcement of judgements: sometimes a court procedure involves the execution of the

judgement, which means the recognition of a foreign court´s judgement
 ICC ARBITRATION

• https://iccwbo.org/about-us/who-we-are/dispute-resolution/
• Neutrality, confidentiality, faster, cheaper, finality, arbitrators experts in different fields,
simpler enforcement
• Other types of arbitration (and mediation) are available