Dispute Resolution Strategies, and Practical Implications for Cross-Border Trade and Investment in the Era of Globalization

Abstract

Cross-border trade and investment are growing with globalization, but the complexity of international contractual relationships poses a significant risk of dispute. International contract disputes can arise due to differences in national law, contract interpretation, and regulatory uncertainty across jurisdictions. This article aims to analyze effective dispute resolution strategies in international contracts as well as their practical implications for global business people. The research method uses a qualitative approach with literature studies from legal literature, international arbitration reports, and contract practice documents. The results of the analysis show that the most effective dispute resolution strategies include the use of international arbitration, mediation, as well as the application of clear dispute resolution clauses in contracts. In addition, adaptation to international legal standards such as the UNCITRAL Model Law and the arbitration arrangements of institutions such as the ICC, LCIA, and SIAC have been shown to increase legal certainty and reduce the risk of lengthy litigation. Practical implications for cross-border trade and investment include the protection of contractual rights, increased investor confidence, and the strengthening of long-term business relationships. This article recommends the need to integrate dispute resolution strategies in the drafting of international contracts, adaptation to local regulations, and a deep understanding of global arbitration practices. These findings are relevant for academics, legal practitioners, and business actors involved in international transactions to minimize legal risks and maximize the effectiveness of contracts in the era of globalization.