We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What are the Best Tips for International Dispute Resolution?

By Florence J. Tipton
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Businesses that operate under separate court jurisdictions must agree on one of several approaches when resolving disputes. Determining which resolution is appropriate may depend on the circumstances surrounding the dispute. Sometimes, the contract that was created when the businesses originally began their trade may outline an agreed-upon approach that each side is expected to honor for resolving an international dispute. Arbitration, a legally binding settlement by a third-party arbitrator, is one international dispute resolution method that most businesses may adopt. Mediation, or conciliation, is another international dispute resolution method in which unbiased solutions are recommended, but not legally binding.

A dispute may arise among foreign businesses as a result of territorial or commercial contract issues. Relative to territory disputes, one party may accuse the other of not honoring a previously held agreement on land use. Commercial disputes may result from disagreement with a transaction among two or more businesses.

To circumvent court proceedings that may hamper business relations, all sides usually agree to participate in some type of international dispute resolution. Regular court proceedings may prove tricky since jurisdiction would normally determine which side prevailed. When each business is headquartered in different countries, the law in one country might not apply equally to all businesses affected. As an alternative to going to court, each party may agree to have an unbiased negotiator settle the dispute through arbitration or mediation.

In most countries, international commercial arbitration is a widely acceptable mechanism for resolving a dispute when a breach of the business contract occurs. This type of alternative dispute resolution (ADR) is reviewed by one or more professional arbitrators. During arbitration, a settlement is negotiated among all parties. Most courts recognize any settlement reached during arbitration as legally binding. Typically, using arbitration does not cost as much as a court process in money or time.

An arbitration clause is often included in an original business contract, and determines the manner in which disputes are resolved. Aside from selecting arbitration as a form of international dispute resolution, the clause may outline the procedures to follow during the arbitration. Each party may select the arbitrators or assign this responsibility to an international institution that voluntarily handles international business disputes.

A mediation clause might also exist in a business contract, and could occur before going to arbitration. When each party elects to use mediation for resolving international disputes, a third party with no personal investment is selected to mediate the terms of the agreement. All businesses involved in the dispute typically have volunteered to accept the solution recommended by the mediator. Any agreement reached during mediation is not legally binding in the respective countries, however.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.