Our comprehensive site equips you with the essential tools to navigate the complexities of cross-border disputes. Whether you’re a legal professional, a business owner, or simply seeking to expand your knowledge, our glossary is designed to provide concise and accurate explanations to empower you in the realm of cross-border disputes.
Administrative costs refer to the expenses associated with the administration and management of the dispute resolution process. These costs are separate from the fees charged by arbitrators, mediators, or other dispute resolution professionals involved in the case.
Advocacy refers to the representation of a party’s case or position during the dispute resolution process. It involves the effective communication and presentation of arguments, evidence, and legal reasoning to support the party’s position and persuade the decision-maker, whether it is a judge, arbitrator, or mediator.
Adjudication is the process of resolving a dispute by an adjudicator who examines the evidence and issues a binding decision.
An appeal refers to the legal process by which a party seeks a review of a decision or judgment rendered by a lower court or arbitral tribunal. When a party is dissatisfied with the outcome, they may choose to file an appeal to a higher court or appellate body to have the decision reviewed and potentially overturned or modified.
Arbitration is a method of dispute resolution where parties agree to submit their dispute to one or more impartial individuals for a binding decision. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
An arbitrator is a neutral third party that oversees the alternative dispute resolution method of arbitration.
At the conclusion of the arbitration, the arbitrators render their decision in the form of an arbitral award. This award is final and binding on the parties. Enforcement of the award can be sought in accordance with relevant national and international laws.
Alternative Dispute Resolution (ADR) refers to methods of resolving disputes without a trial, such as mediation or arbitration.
An associate is a junior or senior attorney who works for a professional law firm, or is employed by another attorney. They are not considered partners or members of a law firm.
Asset tracing refers to the process of identifying and locating assets to enforce a judgment or resolve a dispute.
Attachment indicates the act of seizing or freezing assets to secure a claim in anticipation of a dispute or legal action.
Authentication is the process of verifying the validity and integrity of documents or evidence used in a cross-border dispute.
BIT refers to a treaty between two countries that establishes the terms and conditions for investments made by investors from one country in the other country, providing protections and mechanisms for dispute resolution.
Bankruptcy is a judicial process undertaken when a company is unable to repay its debts. Depending on the numerous solutions and consequences the corporation seeks, bankruptcy proceedings are filed under several chapters of the bankruptcy code.
Bankruptcy proceedings refer to legal proceedings initiated when an individual or entity is unable to repay debts, which can involve cross-border disputes when multiple jurisdictions are involved.
A benchmark is a milestone or a goal. Oftentimes, funding or compensation bonuses are tied to benchmarks.
Binding arbitration indicates a dispute resolution process where the parties agree to be bound by the decision of an arbitrator or arbitral tribunal, which is enforceable in cross-border disputes.
Breach of contract refers to failure to fulfill the terms and obligations agreed upon in a contract, which can lead to cross-border disputes if the contract involves parties from different jurisdictions.
A budget constraint refers to the financial limitations or restrictions that parties face in relation to the costs involved in resolving the dispute.
Choice of law indicates the selection of the governing law that will be applied to a cross-border dispute.
A claimant is a person who goes to court to make a legal complaint against someone else. The claimant commenced this action to recover damages that were sustained while working for the defendant.
Commercial arbitration refers to a method of resolving cross-border disputes through the use of an arbitrator or arbitral tribunal, as opposed to litigation in court.
Commercial transactions refer to the exchange of goods, services, or financial arrangements between parties from different jurisdictions. These transactions involve business activities conducted across international borders, often involving contracts, agreements, or commercial relationships.
Compliance audits cover the examination and evaluation of a company’s adherence to applicable laws, regulations, internal policies, and industry standards. These audits aim to assess the extent to which a company complies with legal and regulatory.
Confidentiality refers to the protection of sensitive information and maintaining privacy during cross-border dispute resolution proceedings.
Corporate compliance covers both internal policies and procedures, as well as federal and state laws. Enforcing compliance helps your company prevent and detect violations of rules, which protects your organization from fines and lawsuits.
Corporate governance refers to the system of rules, practices, and processes by which companies are directed, controlled, and operated. It encompasses the relationships between various stakeholders, such as shareholders, board members, management, employees, and other parties involved in the company. It establishes the framework for decision-making, accountability, transparency, and the protection of stakeholders’ rights and interests.
Concurrent jurisdiction is the authority of multiple courts from different jurisdictions to hear and decide on a cross-border dispute.
Conflict of laws refers to the legal rules used to determine which jurisdiction’s laws apply to a cross-border dispute.
Counsels provide legal advice, guidance, and representation to a party involved in the dispute. They act as an advocate for their client’s interests, offering strategic advice, conducting legal research, preparing legal documents, presenting arguments, and negotiating on behalf of the client. The counsel’s role is to protect and advance their client’s rights and positions throughout the dispute resolution process, whether it involves litigation, arbitration, mediation, or other alternative dispute resolution methods.
A counterclaim is a defendant’s claim against the plaintiff in response to the plaintiff’s first claim.
A cross-border dispute is one that involves parties from different countries or has international elements.
Cross-examination refers to the process where one party’s lawyer questions the opposing party’s witness during a trial or hearing. Through cross-examination, the examining lawyer aims to elicit favorable information, expose inconsistencies or contradictions in the witness’s statements, and undermine their credibility to support their client’s case.
A case management conference is a meeting between the parties and the court to discuss the procedural aspects and scheduling of a cross-border dispute.
Civil Law refers to a legal system based on codified laws and statutes, typically found in continental Europe and other jurisdictions, used to resolve cross-border disputes.
Choice of forum refers to the selection of the court or tribunal where a cross-border dispute will be heard and resolved.
Damages refer to financial compensation that one party in a cross-border dispute seeks for losses or harm incurred as a result of the other party’s conduct.
Damage experts, also known as quantum experts, refer to professionals who are used as expert witnesses to assess and assist with damage calculations. They usually have a background in economics, mathematics, and financial or accounting fields.
Discovery is the pre-trial phase in which parties gather evidence and information from each other in preparation for the dispute resolution process.
A dispute resolution forum refers to the specific venue or institution where parties can seek resolution for their disputes. These forums provide a formal structure and procedures for parties to present their arguments, evidence, and claims, and ultimately reach a resolution with the assistance of judges, arbitrators, mediators, or other neutral third parties.
A digitalized arbitration system refers to the use of digital technologies and platforms to facilitate and streamline the arbitration process. It involves the application of digital tools and techniques to enhance efficiency, accessibility, and transparency in arbitration proceedings.
Direct negotiation in cross-border disputes refers to the process of parties engaging in direct discussions and negotiations without involving third parties or formal dispute resolution mechanisms.
Due process refers to the fair and impartial treatment of parties involved in a dispute, ensuring their rights are protected throughout the proceedings.
Due diligence is the process of conducting thorough investigations and assessments to evaluate the risks and potential issues involved in a cross-border dispute.
Defamation means making false statements about a person or entity that harm their reputation, which can lead to cross-border disputes regarding libel or slander.
Disqualification of an arbitrator indicates the removal of an arbitrator from a cross-border dispute due to conflicts of interest, bias, or other disqualifying factors.
Default judgment refers to a court ruling in favor of one party in a cross-border dispute when the opposing party fails to respond or participate in the legal proceedings.
Damages assessment is the evaluation and quantification of the monetary compensation or restitution owed to a party in a cross-border dispute for the harm or losses suffered.
Enforcement is the process of ensuring that a court judgment or arbitral award is carried out and its terms are implemented, which can be complex in cross-border disputes due to different legal systems and jurisdictions.
Enforceability is the ability to have a court or authority compel compliance with a judgment or decision.