Global Marketplace Needs Global System for Contractual Disputes: International Jurisdiction and Commercial Litigation: Uniform Rules for Contract Disputes

By Fazzi, Cindy | Dispute Resolution Journal, February-April 2011 | Go to article overview
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Global Marketplace Needs Global System for Contractual Disputes: International Jurisdiction and Commercial Litigation: Uniform Rules for Contract Disputes


Fazzi, Cindy, Dispute Resolution Journal


Global Marketplace Needs Global System for Contractual Disputes International Jurisdiction and Commercial Litigation: Uniform Rules for Contract Disputes By Helene van Lith. The Hague, Netherlands: TMC Asser Press, distributed by Cambridge University Press (www.cambridge.org), 2009. Hardcover. $165. 585 pages.

Now more than ever, it is easier to start and run a global business and to buy practically anything from the international marketplace, yet there is no global uniformity in addressing disputes arising from these contractual transactions.

At present, litigation through a national court re mains the traditional method for resolving in - ternational business dis - putes. The biggest is sue for many companies is de termining the competent court for their cases because several courts can be available to the plaintiff. "An international litigator searching for judicial relief through state courts will often find himself stuck in a web of national jurisdiction rules," writes Helene van Lith, a senior lecturer and assistant professor of private international law and comparative law at the Erasmus Univer - sity School of Law (Rotter dam, the Netherlands).

Such jurisdictional uncertainty, in addition to the establishment of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, has led to the success of international commercial arbitration as an alternative. The New York Conven tion greatly encouraged the use of commercial arbitration by facilitating the recognition of foreign arbitral awards.

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