Middlesex Massachusetts Arbitration Agreement - with Foreign Company

Name: Middlesex Massachusetts Arbitration Agreement - with Foreign Company
Brand: US Legal Forms
Rating: 4.74 (378 reviews)

Category:

Technology - Litigating Computer Actions

State:

Multi-State

County:

Middlesex

Control #:

US-CP1313-AM

Format:

Instant download

Description

This sample form, a detailed Arbitration Agreement (with Foreign Company) document, is for use in the computer, internet and/or software industries. Adapt to fit your circumstances. Available in Word format.

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Arbitration provides a binding solution to the dispute by way of an arbitral 'award'. The award can be enforced internationally through the provisions of the 1958 New York Convention on the Recognition and Enforcement of Arbitral Awards, which more than 140 states have ratified.

Perhaps the foremost advantage of international arbitration over litigation is that an international arbitral award is enforceable virtually worldwide, while a judgment from a national court is oftentimes only enforceable in the nation that issued it.

In the international context, arbitration also benefits from enforcement conventions that allow the direct enforcement of awards. The decisions of experts only have the force of contract and, to enforce them, parties must bring a new action in the appropriate jurisdiction for breach of contract.

International arbitration is the preferred method of resolving cross-border disputes, with London, Singapore, Hong Kong, Paris and Geneva topping the list as the most preferred seats for arbitration. ICC, SIAC, HKIAC, LCIA and CIETAC were named as the top five arbitral institutions.

To enforce a foreign commercial arbitral award in the U.S. courts (assuming the losing party is subject to the jurisdiction of the U.S. courts), an award holder need only present an authentic copy of the award to the court, at which point it will be recognized and enforced unless the losing party can establish a basis

Particularly in the international contracts area, arbitration is used to bypass the fear (real or perceived) of not getting a fair hearing in another country's courts, or fear of corruption in such courts.

It is a consensual, neutral, binding, private and enforceable means of international dispute resolution, which is typically faster and less expensive than domestic court proceedings.

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Middlesex Massachusetts Arbitration Agreement - with Foreign Company

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Is arbitration binding in international law?

Are arbitration awards enforceable worldwide?

Is arbitration good for international contracts?

What are the advantages of international arbitration?

What is the best international arbitration?

How is international arbitration enforced?

Why would arbitration be used in cases of international contractual dispute?

What constitutes an international arbitration procedure?

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Why is an arbitration agreement necessary?

Who is the foreign company involved in the Middlesex Arbitration Agreement?

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What is arbitration and how does it differ from a court trial?

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