Cross Border Disputes
When disputes involve individuals or businesses based in different countries, those involved are often confronted with an array of complex issues in various jurisdictions. Drawing on our international experience, training, specialist expertise and connections around the world, we are able to assemble, as necessary and at short notice, a multi-disciplinary team that can deal with all aspects of any international dispute or investigation to help you navigate the law and procedure in applicable jurisdictions and achieve a positive outcome.
We regularly act in matters and work alongside our close contacts in cases throughout Australia, New Zealand, Asia, Middle East, Europe, Canada as well as other jurisdictions.
Jurisdiction and conflicts of law
We can advise you on :
- the jurisdiction for bringing your claim
- the merits and disadvantages of each possible jurisdiction
- the applicable law which governs your claim
- any issues regarding potentially relevant data and witnesses located in different jurisdictions
Similarly, if you are facing a claim and have reason to challenge the jurisdiction of the court in Australia, England or Wales or the seat for arbitration, we can advise you on the merits of such a challenge and issue an application at the court if required.
We have access to a well-established network of lawyers around the world ensuring you receive advice from the right highly experienced practitioners in each jurisdiction. We will efficiently manage the whole process to provide you with peace of mind and a single point of contact. We have experience in obtaining testamentary and documentary evidence for use in foreign proceedings, including the taking of depositions.
Litigation & Worldwide Injunctions
When urgent action needs to be taken to protect assets that are located outside the UK, we are able to obtaining worldwide freezing orders (formerly known as mareva orders) and tracing assets overseas. Similarly we are able to obtain stand-alone injunctive relief in aid of foreign proceedings to freeze assets within the jurisdiction.
Litigation is not the only means of enforcing rights. Arbitration is increasingly used by parties in dispute. We have experience in enforcing arbitration clauses in agreements and dealing with international arbitrations, be they private or governed by the rules of international organisations, such as the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR) or the London Court of International Arbitration (LCIA).
We can represent you at each stage of the arbitral process, including negotiations and any enforcement of the award. We also advise on critical jurisdictional issues such as whether arbitration is the correct forum, where the seat of the arbitration should be and which arbitration rules ought to apply.
Enforcing Foreign Judgments and Arbitration Awards
If your claim has been litigated or arbitrated abroad and you have a judgment or award in your favour, we can advise you on commencing enforcement proceedings in New Zealand, Singapore, India, Sri Lanka, United Kingdom or Canada if your opponent is located there.
We can also use our network of lawyers in other jurisdictions to help you enforce any judgment or award against a party who is not resident in the UK or who has assets abroad.