Legal English & Communication
← Intermediate · Contracts and Agreements

Governing Law and Dispute Resolution

Objectives

  • Understand governing law and jurisdiction clauses
  • Compare litigation, mediation and arbitration
  • Advise on a dispute clause

Explanation

'Governing law' determines which country's law applies; 'jurisdiction' determines which courts hear disputes. Arbitration is private and binding; mediation is voluntary and non-binding until settlement. In Costa Rica, institutions include the Centro de Conciliación y Arbitraje (CCA) of the Chamber of Commerce. Foreign awards are recognised under the New York Convention.

governing law

The law chosen to interpret the contract.

“This agreement is governed by Costa Rican law.”

jurisdiction

The authority of a court to hear a case.

“The courts of San José shall have jurisdiction.”

arbitration

A private process where an arbitrator issues a binding award.

“Disputes shall be resolved by arbitration.”

mediation

A voluntary process where a neutral helps parties reach agreement.

“The parties will first attempt mediation.”

award

The decision of an arbitral tribunal.

“The award is final and binding.”

Flashcards

Match terms and definitions

governing law
jurisdiction
arbitration
mediation
award

Complete the sentences

1. This Agreement is ___ by Costa Rican law.
2. The arbitral ___ is final and binding.
0/6 skills completedTake the module exam →