Where Will Disputes About Your International Employment Contracts Be Resolved?

This question can be a vexing one. Will disputes be resolved in the employee's country of origin? In the country in which the employee is now working? In the country in which your head office is located? In the country in which the employment contract was executed? All of the above? And how will you know?

You can be forgiven for being confused about this. The courts have been too. What's more, a Canadian court's answer will not necessarily be the same as that of a foreign court's. Fortunately, we can at least provide a brief outline of how a Canadian court will look at this issue.

First, one must recognize that this question is different from the issue of what country's laws apply to the contract of employment. The applicable law is not the same as the selection of the appropriate forum for dispute resolution. A Canadian court may enforce foreign laws, and a foreign court may enforce Canadian