other stakeholders (concerning issues such as delays, cost overruns, defective work, variations in scope, or termination of contracts), or disputes in the energy and natural resources sector, including oil and gas, mining, and renewable energy (involving disputes over concession agreements, production sharing contracts, supply agreements, pricing disputes, or environmental issues). An international dimension is also frequently found in cross-border M&A and shareholder disputes. 3. The complexity of multijurisdictional arbitrations is due to several factors. As mentioned above, parties involved in multi-jurisdictional arbitrations come from different legal systems with distinct laws, procedural rules and legal traditions. This diversity can lead to challenges in harmonising legal principles, interpreting contractual provisions and applying the relevant laws consistently across jurisdictions. Determining the applicable law in a multi-jurisdictional arbitration can be complex. Parties need to consider conflict of laws principles and choose the governing law that will govern the substantive issues in the dispute. This decision may have implications for the interpretation of the contract, the availability of remedies and the standards applied to assess liability and damages. arbitration is the enforceability of arbitral awards across multiple jurisdictions. However, the process of enforcing awards can vary from country to country due to differences in national laws and bilateral or multilateral treaties. Parties should consider the enforceability of the award in the jurisdictions where assets are located or where enforcement may be sought. Some jurisdictions have public policy restrictions that may impact the enforceability or conduct of an arbitration. It is important to understand any limitations or constraints imposed by the local laws of relevant jurisdictions to ensure compliance and avoid potential challenges to the enforcement of the arbitral award. 2. Multi-jurisdictional arbitrations cover a wide range of matters. These can include, for example, multiparty re/insurance arrangements, or commercial disputes involving international contracts, such as crossborder sales, distribution agreements, joint ventures, franchise and licensing arrangements. These disputes can relate to breach of contract, non-payment, quality issues, intellectual property rights, or competition law matters. Other areas include large-scale construction, procurement and infrastructure projects disputes between owners, contractors, subcontractors and 68 LAWYER MONTHLY JUNE 2023 Parties, arbitrators, legal counsel, and witnesses will likely have diverse languages and cultural backgrounds. Language barriers can complicate communication and lead to misunderstandings. Cultural differences may impact negotiation styles, approaches to dispute resolution and expectations regarding procedural fairness. Each jurisdiction has its own procedural rules and practices governing arbitration proceedings. These differences can relate to the appointment and qualifications of arbitrators, disclosure obligations, document production, the conduct of hearings and the admissibility of evidence. Parties and arbitrators must navigate these variations, ensuring compliance with Enforcing arbitral awards across multiple jurisdictions can be challenging.
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