Governing Law, Jurisdiction and Arbitration in Cross-Border Contracts
In brief
Dispute-resolution clauses should be designed around where the contract is performed and where a future judgment or award may need to be enforced.
Governing law
A choice of law is important but does not necessarily displace mandatory rules or applicable international conventions.
Courts
Choosing a court does not automatically make its judgment enforceable in every country where assets may be located.
Arbitration
Arbitration may provide a neutral forum and international enforcement advantages under the New York Convention. Seat, rules/institution, language and scope should be clear.