Disputes are a natural part of human interaction. They come up when couples get divorced or when co-founders don’t see eye to eye. And despite the best of intentions and planning, businesses are not immune to disputes either. When a dispute cannot be resolved through negotiations and mediation, the next step often to call it quits or turn to arbitration or adjudication. The success of this last step in dispute resolution, namely having a 3rd party determine the outcome, is dependent on winning a favorable decision and its enforcement. The enforcement mechanism should be contemplated early on during the contract negotiations, especially when the parties are subject to the laws of different countries.
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