Controvérsia no Horizonte: Contratação para Resolução Eficaz de Disputas em Transações Comerciais Internacionais – Uma Perspectiva Norte-Americana (The Dispute on the Horizon: Contracting for Effective Dispute Resolution in International Business Transactions – A U.S. Perspective)

Abstract

The English version of this paper can be found at http://ssrn.com/abstract=1947539

This Article was written by the author in English and was translated for publication in Portuguese. The Article offers a view, from a U.S. perspective but for a non-U.S. readership, on the significant aspects of planning for dispute resolution in the context of cross-border business transactions involving U.S. and non-U.S. parties. Specifically, this Article identifies the issues that parties who are located in Brazil or in other jurisdictions throughout the Americas should consider at the time of drafting, negotiating, and finalizing business contracts with U.S. counterparties, as well as business contracts that are entered into in connection with other cross-border arrangements that could involve U.S. law even when there is no U.S. counterparty, to prepare for effective management of disputes as they arise. To that end, this Article briefly describes choice of law, choice of forum, and method of dispute resolution as addressed in international business contracts, and this Article analyzes from a U.S. perspective some of the issues that arise with respect to drafting and enforcing the appropriate contract language to address the same.

Note: Downloadable document is in Portuguese.

Keywords: Brazil, contracts, dispute resolution, choice of law, choice of forum, international business transactions

JEL Classification: K12, K20, K33