One of the most important questions raised in the new commercial relationship between the U.S. and Cuba is how to resolve legal disputes that result from such activities.
This includes two primary considerations: what substantive law to apply, and what dispute resolution mechanism should be used. At present, it appears that the norm for agreements with foreign companies that will be performed in Cuba is that the Cuban government, which is the real party in interest in any such contracts, insists that those contracts be governed by Cuban law and any disputes be resolved in arbitration through the Cuban Court of International Commercial Arbitration.
