Private international law
What happens when lawsuits arise from international agreements? That's when private international law can play a role. The issue here is the interpretation of foreign laws and jurisprudence. Where and under which legal regime will a dispute between a company in Quebec and one in New York be resolved?
Contracts often plan for legal debates by including a clause in this regard. Christopher Richter, associate at Woods LLP, states, "For example, negotiators often plan for a suit to be heard in New York or Toronto, under U.S. or Canadian law, in the event of a dispute. Including this clause eliminates the problem of jurisdiction right from the start. Nevertheless, problems can arise from badly drafted clauses."
Mr. Richter emphasizes that as a general rule, fewer cases are being brought before the courts, but those that are tend to be increasingly complex. "This is probably the case for international files too."
As opposed to the international transaction sector, private international law is growing relatively slowly, with the exception of intellectual property. The main issues addressed are copyright and patents for new technologies and biotechnology.