New Article: Important Considerations in Cross-Border Transactions
By Joshua Levin-Epstein, Esq.

Dealmakers involved in cross-border transactions should note that contractual provisions concerning dispute resolution procedures, forum selection clauses, and choice of law clauses---which are usually found at the very end of contracts are more important than their placement indicates; these clauses should not be treated as an afterthought! The consideration and negotiation of dispute resolution mechanisms in cross-border transactions is understandably far more challenging than in domestic transactions because issues of foreign judgment enforcement and judicial bias are inherent in cross-border transactions and will inevitably surface.  Due to the nature of cross-border transactions, the possibility of having to enforce a foreign judgment and judicial bias must be at forefront of dealmakers’ deliberations.  This article discusses the main issues in the deliberation of the type of dispute resolution procedures in cross-border transaction agreements. Continue Reading
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