Originally from Dispute Resolution Journal

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-notto-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.

Overseas employment is now commonplace. In an era of increasing globalization and outsourcing, multinational corporations typically face a shortage of either local managers with requisite skills and knowledge of international operations or cheap labor.1