4. Contractual disputes

At international level, when it comes to setting up dispute settlement methods, the two major legal traditions are at odds with each other. As we have seen with the DSB, for example. Whereas countries with a Romano-Germanic tradition prefer formalized dispute resolution methods, with decisions binding on the parties, the United States, like most common law countries, uses more flexible and less formalized methods, Alternative Dispute Resolution (or ADR), which originated in Anglo-Saxon countries and is also used for disputes between companies.

In contractual matters, it is essential to think carefully about how disputes are to be settled, before they arise. The risks are numerous, and arise in particular from problems linked to the specificity of legal language.

• Specific terminology and vocabulary

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