Obiajulu Charles Okuh has just graduated from Case Western Reserve University School of Law with a J.D. degree. This article is adapted from a paper written for a course on International Civil Litigation. The author wishes to thank Prof. Cassandra Robertson for invaluable feedback on the article, and the Hon. Peggy Foley Jones (retired) and Giffen & Kaminski, LLC, for the opportunity to observe arbitration and mediation sessions.
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