SMEs and large companies can not have international business relations without legal assistance
In addition to the knowledge of international business law, a lawyer familiar with corporate law and international commercial law is essential to know the legislative constraints and trade laws governing the contracts in the contracting country, compare them with the Italian.
Advantages and disadvantages of the contractual relationship
In addition, it is imperative choice is the main law among international law experts, even for the further problem of choosing a tribunal to resolve disputes, one of the most delicate clauses in the contract. Lastly, legal assistance also concerns the knowledge of the legally relevant official language with which to draft the contract without any dubious interpretation and unambiguous for the parties in case of international defaults (usually English is chosen).
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If the contracting parties do not choose national law to regulate the contract, the choice of the competent court is even more relevant to the lex fori principle, that is, the application of legal rules to the law. Taking into account the provisions contained in the various international treaties stipulated in order to make international private law uniform (see the sources of the international contract). However, the parties may choose not only the law to be applied to the contract, but also the most advantageous competent Court whose consequence is that of the shopping forum phenomenon.
The other alternative option to the ordinary judge is the resolution of disputes over international arbitration. Contractors may decide on a priori the composition of the arbitration panel and whether or not the simplified arbitration procedure is applicable.
General legal aspects
Once the competent court has been assigned to settle the dispute and obtained the judgment or obtained the arbitration award, the issue of the recognition of judgments issued by a court other than that of the country where the judgment has legal effects arises. In Europe, the situation has been overcome by EU legislation for EU member states requiring the recognition of a judgment issued in a Member State, in the country where it has legal effects.
The arbitration decree in Italy
In Italy, the Arbitral Lodo produces its legal effects only after the ordinary court has recognized formal regularity by means of an ad hoc decree
