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Arbitration: What to Consider When Investing in Emerging Markets

February 05, 2008

By Donna Goldsworthy and Miranda Thomas

When entering into any international contract containing an agreement to submit future disputes to arbitration, it is important for parties to take specific legal advice as to the drafting and enforceability of a suitable arbitration clause in every case, in order to make the best use of the range of options available. This is particularly relevant in the case of emerging overseas markets whose courts and procedural rules may not lend quite as much support to the arbitration process as those in England.