Start-Ups & International Dispute Resolution: Challenges & Possible Solutions

Abstract

Globalisation as a phenomenon has encaptivated the world in the last part of the 20th century leading to the rise of a global service sector, where services could be offered across national borders. These factors have acted as catalysts in bringing forth a start-up revolution world over. Several start-ups have become great success stories.

The legal services industry world over has changed its approach to cater to start-ups and has adapted itself to the demands of a start-up. Even so, dispute resolution especially in the international sphere, has not been so forthcoming to provide legal services appropriate for start-ups. Start-ups face unique challenges in the context of international commercial dispute resolution. Already strained of funds, a cross-border dispute is a nightmare and might even result in shutting shop for the start-up.

This short paper identifies challenges faced by start-ups in resolving their international commercial disputes and offers possible solutions to these issues. To this end, the paper is structured in the following manner: Part II discusses the concept of a start-up. Different jurisdictions define start-ups differently. Since the scope of the paper is not constricted to a definite jurisdiction or region, start-up is defined in a general manner. Part II addresses the issues faced by start-ups in international dispute resolution, which is the primary focus of this paper. Part III offers possible solutions to these problems. Part IV concludes.

Keywords: Start-Ups, International Commercial Arbitration, International Dispute Resolution

JEL Classification: K10, K40, K41