Challenges

The video discusses the complexities of enforcing international contracts, highlighting the legal challenges faced when parties from different countries are involved. It explains the difficulties of using traditional court systems in the US and abroad, and how arbitration, guided by model laws like the CISG, offers a viable alternative. The New York Convention facilitates the enforcement of arbitral awards across signatory countries, providing a streamlined process for resolving international disputes.

What is a major challenge when trying to enforce a contract against a foreign defendant in the US?

• Non-recognition of foreign laws

• Inability to access federal courts

• Difficulty in establishing personal jurisdiction

• Lack of subject matter jurisdiction

Why do parties often choose arbitration for international disputes?

• It is cheaper than court proceedings

• It is faster than traditional litigation

• It allows for public hearings

• It avoids the complexities of foreign legal systems

Which set of rules is commonly used in arbitration for international sales contracts?

• The Hague Rules

• The New York Convention

• The CISG

• The Geneva Convention

What is the primary purpose of the New York Convention?

• To establish international trade laws

• To enforce arbitral awards across countries

• To provide guidelines for international mediation

• To regulate international shipping

How does the New York Convention assist in the enforcement of arbitral awards?

• By offering financial assistance for arbitration

• By allowing awards to be enforced through national judicial systems

• By setting up international arbitration panels

• By providing a global court system