How to settle an International Dispute
Best behaviour
Being aware of potentially offensive behaviour is a key factor to Australian business success abroad, believes Taine Moufarrige, executive director of virtual office provider Servcorp.
“Australians are very natural in their business style, perhaps more so than any other country in the world,” he says. However, this can lead to Australian business people being fooled by the ‘friendship’ element of international business relations.
“In many countries it is essential to establish a personal relationship with business partners in order to establish trust and understanding. Australian businesspeople need to be careful not to mistake this as encouragement of a casual approach, as the formalities of the deal and negotiations are still crucial to the success of any transaction,” Moufarrige warns.
“As Australians, we find it easy to be casual, but this will not benefit the business at the end of the day. Make sure that all the terms and conditions are clear and that your business can walk away if it all goes pear shaped.”
Moufarrige recommends Australian businesspeople research the business and cultural trends of the country in which they wish to work to ensure business success.
“Austrade representatives in Australia and overseas provide a great touch point on the meeting formats and negotiation etiquette in a large number of countries. Similarly, Servcorp employs trade commissioners with local knowledge that help their clients negotiate in a way that demonstrates their understanding of the cultural norms of that particular foreign market,” he says.
—Adeline Teoh
Helpful links
Australian International Commercial Dispute Resolution: www.icdr.gov.au
International Chamber of Commerce: www.iccwbo.org
Australian Commercial Disputes Centre : https://www.acdcltd.com.au
Electronic Information System for International Law: www.eisil.org
National Center for Technology and Dispute Resolution: www.odr.info
WIPO Arbitration and Mediation Center: www.wipo.int/amc
How to avoid disputes
- Always contract clearly, equitably and unambiguously.
- Complete due diligence thoroughly before entering any relationship.
- Get expert legal advice from the start.
- Ensure your properly drafted agreement is legally effective.
- Remember a contract is a living entity; keep it updated at all times.
- Keep a clear record of all communications and actions.
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