Moreover, it is highly unlikely that such a clause would apply in the case of a tort dispute, because the likely plaintiffs in a tort lawsuit would be people who were injured by a misuse of the Technology, rather than any party involved in the contract negotiations. When there is no choice of law provision, the courts look at several different factors to determine which law to apply and whether a court has jurisdiction. In contract disputes, the courts look at the place of contracting, the place where the negotiating took place, where the contract will be performed, the location of the subject matter, and the citizenship and place of business of the parties. In tort cases, the courts look at where the injury occurred, where the conduct causing the injury occurred, citizenship and place of business of the parties, and the place where the relationship between the parties occurred.
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) provides that all 142 member states agree to recognize arbitrator's awards and enforce those awards as they would any other court judgments. Arbitrator awards can be challenged, but the reasons for such a challenge are narrower than the reasons for potential appeals. In addition, many foreign courts are reluctant to enforce U.S. court judgments that include punitive damages, which could be an essential part of a licensing violation lawsuit.
However, they will enforce that as part of arbitration awards, though punitive damages may be re-characterized because of prohibitions against punitive damages. The lowered costs and quicker resolution associated with arbitration would also suggest that the agreement include a mandatory arbitration clause.
Many insurance agreements would restrict or limit payment for willful acts of terrorism. While U.S. companies are prohibited...
Therefore, a global insurance program that would provide coverage for terrorist activities is necessary to ensure that the company is profitable.
Finally, Title VII prohibits gender-based discrimination in hiring practices. Recent decisions have made it possible that this law will extend to protect foreign employees of U.S.-based companies, which might include joint ventures like the one described. Because the countries involved are not as advanced as the United States and may allow or even encourage gender-discrimination, EnergyTech would need to include an indemnification clause in the contract that would make Sonaventure responsible to EnergyTech in the event of any lawsuits under Title VII, whether or not those lawsuits were resolved in favor of the plaintiff.
World Trade Organization. "Members and Observers." Understanding the WTO: the Organization. 2008. World
Trade Organization. 18 Aug. 2008 http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm.
Securities and Exchange Commission. "SEC Concept Release: International Accounting Standards." Securities and Exchange Commission. 2000. Securities and Exchange Commission. 18 Aug. 2008 http://www.sec.gov/rules/concept/34-42430.htm.
Wood, Darlene. "International Arbitration and Punitive Damages: Delocalization and Mandatory Rules." Defense
Counsel Journal 71 (Oct. 2004): 402.
Office of Domestic Fianance. "Overview." Terrorism Risk Insurance Program. 2008. Department of the Treasury. 18 Aug. 2008 http://www.ustreas.gov/offices/domestic-finance/financial-institution/terrorism-insurance/.
Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. 2000e.
