For small and medium-sized businesses, going global is a good thing. Goods and services are sold in international markets can bring all kinds of gains to a business. A business that is going to participate in international markets and reap the benefits must know the pitfalls and navigate those pitfalls. One of biggest issues we advise small– and medium–sized businesses on is negotiating dispute resolution clauses in international business contracts. A dispute resolution clause can determine who hears the dispute, where the dispute is heard, what procedural rules apply to hearing the dispute, among other determinations. We have advised our clients on arbitration under the UNICITRAL Arbitration Rules, the ICC Rules, the LCIA Rules, the SIAC Rules, the HKIAC Rules, the CIETAC Rules, among others.
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Litigation funding, or litigation finance, is an agreement that allows a third party to pay the costs and attorney’s fees that are incurred in litigation. The structure of a litigation finance agreement takes many forms—no one agreement work for all litigants. Among...