US parties should consider international arbitration, rather than standard NDA dispute resolution provisions, to resolve disputes that include a foreign counterparty.

Key Points:

..Injunctive relief ordered by a US court may be difficult (if not impossible) to enforce in a foreign court.

..US parties should take caution in negotiating NDAs with foreign counterparties and should not rely on standard forum and dispute resolution provisions.

..International arbitration is often the best method to enforce NDA terms against, and resolve disputes with, foreign counterparties, as arbitral awards are more likely to be enforceable around the globe.