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International Business ... some Questions? |
Is it true or false : In this introduction to the symposium, I want to try to relate the respective topics--choice of law, jurisdiction of courts or arbitral tribunals, and recognition of foreign judgments--to a common type of transaction in international commerce. My choice of such a transaction is a distribution contract--a producer in one country or region and an importer in another country or region. Over the years I have sat as arbitrator in eight or ten disputes arising from such contracts, involving European manufacturers, growers, or investors and North American importers, and North American producers and European or Latin American importers, licensees, or franchisees. The products have ranged from machine tools to contraceptives, from wines to cell phones. In some instances the contracts have included patent or trademark licenses; some contracts have included minimum quotas; some have contained non-compete provisions; many have contained termination clauses with several types of ambiguities. By definition, the contracts that I have seen have contained arbitration clauses, but that is itself a topic for discussion. Good questions you have posted. |
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