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Alternate dispute resolution generally consists of negotiation, mediation, and/or arbitration. When ...

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Alternate dispute resolution generally consists of negotiation, mediation, and/or arbitration. When ...

Alternate dispute resolution generally consists of negotiation, mediation, and/or arbitration. When dealing with international disputes, arbitration is particularly appropriate due to the potential expense and delay associated with litigation in a foreign court. The best way to avoid the risks of dealing with foreign courts involving international disputes is to:

▸ bring a motion in the foreign jurisdiction for immediate determination as to what law applies.

▸ ensure that any dispute be litigated immediately in Canada requesting that the court order arbitration.

▸ ensure that offshore bank accounts are set up to avoid easy seizure resulting from a foreign judgment.

▸ ensure that the best local lawyers are hired in the foreign jurisdiction before any dispute arises so as to prevent the opposing party from retaining them later.

▸ ensure that a provision is included in any contract requiring disputes arising from the transaction be submitted to an arbitrator.

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Legal Fundamentals for Canadian Business

Edition: 4^th

Author: Yates

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