3/29/2022
The economic globalization has exponentially increased the commercial relationship between countries, resulting in the boost of international agreements. In this exchange, not only laws and sovereignties differences are noted, but also cultural and business diversity.
This multiplicity of legal and business cultures will result in a difficult task to lawyers and businessmen: to secure the rights and interests of the parties through the contract. In the event of an arbitral or judicial conflict, this “mix” will have a great relevance on the dispute resolution.
One of the tools available in the legal world to help on the hard task of equalizing such cultural shock are the so-called soft laws, guidelines that, although non-mandatory, but because are issued by renowned international entities, help to reduce the impact caused by the differences indicated above.
In this scenario, the International Bar Association (IBA) stands out, an important organization of lawyers that issues international guidelines to reduce the asymmetry between the parties involved in international litigation.
Such guidelines may concern different matters, from the practices on taking of evidence, such as experts reports, hearing of witnesses etc., up to the disclosure of documents or the protection of secrecy, in specific cases.
In the event of a litigation, these rules have great relevance and, in some circumstances, could even determine the outcome of the case. That is why we always recommend to our clients a thorough analysis, either to prevent or exclude the application of such guidelines.
The Dispute Resolution team, specialized in the matter, is available to provide guidance on the subject.
Coauthors: Patricia Trompeter Secher, Silvia Rodrigues Pachikoski and Tonico Monteiro da Silva
