Jurisdiction, Enforcement and Conflicts of Laws in Cross Border Commercial Disputes: What are the Legal Consequences of International Commercial Arbitration?

Abstract

Private International Law deals with the conflict between rule of law of two different states or jurisdiction where an international dispute (dispute attaining international character) is involved in the same. Commercial Cross border disputes can arise in case of expansion of business overseas and any dispute arises between the company with another company in a different country or jurisdiction. These disputes can arise in case of breach of contract, fraud, commercial or professional negligence, issues relating to trade, stake holding or shareholding related disputes. There are few factors that needs to be looked into before considering a cross border dispute which are, first is to check the jurisdiction which would apply to the dispute, second is to check the laws that are in conflict of different countriesPrivate International Law deals with the conflict between rule of law of two different states or jurisdiction where an international dispute (dispute attaining international character) is involved in the same. Commercial Cross border disputes can arise in case of expansion of business overseas and any dispute arises between the company with another company in a different country or jurisdiction. These disputes can arise in case of breach of contract, fraud, commercial or professional negligence, issues relating to trade, stake holding or shareholding related disputes. There are few factors that needs to be looked into before considering a cross border dispute which are, first is to check the jurisdiction which would apply to the dispute, second is to check the laws that are in conflict of different countries and what is the recourse in case they opt International Commercial Arbitration and its enforcement. International Commercial Arbitration is one recourse that the companies or entities can take of resolving the disputes that arise out of commercial transactions which have overseas effect and can avoid any court litigation or proceedings in a nation. The International Court of Arbitration at the International Chamber of Commerce and a few others are the institution of International arbitration. In India the provision of enforcement of domestic awards under arbitration is well provided in the statue under the Arbitration and Conciliation Act, 1996 but the enforcement of foreign awards passed by foreign institutions are recognised under the 2015 Amendment Act where only two gateways are available for enforcement which are the New York Convention and the Geneva Convention. This paper will further discuss on the Jurisdiction and conflict of law which arises out of a cross border commercial dispute and what are the ways of enforcing the same in case the parties choose to take the recourse of International Commercial Arbitration and the legal consequences of the same along with the landmark cases on the same. and what is the recourse in case they opt International Commercial Arbitration and its