Short Answer
A foreign company can generally arbitrate when the parties have a valid arbitration agreement. Forum, law, service, interim measures and enforcement should be considered early.
Key Issues
- Confirm the contract and parties
- Preserve payment, delivery and communication evidence
- Analyse governing law and dispute provisions
- Assess assets and enforceability
- Coordinate negotiation, proceedings and enforcement
Practical Considerations
Documents, forum, deadlines and assets should be reviewed together. A legally available procedure may still be commercially ineffective if evidence is incomplete or assets cannot be identified.
Example / Scenario
A cross-border sale may involve different contracting and payment entities and communications through several channels. Establishing the parties and evidence trail is an early priority.
What to Do Next
- Contracts and orders
- Payment and remittance records
- Invoices, transport, inspection and delivery documents
- Emails and messages
- Counterparty and known asset information
