Reasons to Arbitrate Disputes Between Multinational Companies and Third-Country National Employees
Dispute Resolution Journal, vol. 66, no. 2 May-July 2011
11 Pages Posted: 21 Nov 2010 Last revised: 17 Aug 2012
Date Written: November 21, 2010
Abstract
Because globalization is as much about capital as it is about labor, multinational companies hire third-country nationals out of competitive necessity. This article discusses why litigating claims for breach of the covenant-not-to-compete (and other restrictions in post-employment agreements with TCN employees) is a poor mechanism for protecting the employer’s interest and why arbitration is a better alternative.
Keywords: Cross-Border Employment, International Employment, Expatriates (~tion), Localization, Dispute Resolution, Arbitration, Restrictive Covenants, Rights of Third Country Nationals, , Cross-Border Litigation/ Dispute Resolution Issues, Rome Convention, Brussels Regulation, Inter-American Convention on In
JEL Classification: K33, K31, L14, M12, M51, M54, M55, M52, F23, J21, J44, J52, J61
Suggested Citation: Suggested Citation