ABSTRACT

The settling of disputes via the US courts – or at least the threat of such settlement – is a feature of the Americans business landscape. Why we use them as one of the first resorts has much to do with delegating the murky business of confrontation to a proxy in the form of a lawyer. While arbitration and mediation are growing in their use due to their financial and time expediency, Americans still appear to resolve their differences via this system. US English being a literal language, it means contracts are explicit and direct, leaving little doubt about interpreting what is and is not being agreed. Those working with US companies will need to ensure not only that they have covered all their bases but also that they protect their tangible and intangible assets with equal attention.