Chapter 8 DEFENDING ACTIONS IN THE UNITED STATES ARISING FROM ALLEGED FOREIGN-BASED TORTS

摘要

Multinational companies that manage or invest in natural resource development or other large commercial projects in a developing country face legal risks that can include uncertain or changing legal rules and enforcement systems governing their development work. For contractual relationships, dispute resolution provisions including arbitration clauses can mitigate such legal risk with business partners and sometimes foreign governments. In addition, foreign governments sometimes can clarify a company's current and potential future liability before development occurs. But dispute resolution agreements may not be effective in addressing potential pollution, employment, and personal injury claims brought by or on behalf of local residents or project workers.