International transactions have become commonplace in our global, interconnected economy. However, they present business with a complex set of challenges and often require an understanding of international law, the commercial sensitivities of foreign cultures, different political systems, and formal and informal power structures and decision-making approaches.
Where problems arise, these challenges are further compounded, and it can be difficult to know how to enforce contractual and legal obligations and maintain vital distance trading relationships.
At Linder Myers, our commercial litigation team advises clients on issues of international enforcement and cross-border disputes. We can help you to:
- Establish the right contract from the outset. The need for clearly expressed and enforceable contractual obligations is amplified by the potential for misunderstanding and difficulty in enforcing international trading relationships. Legal advice should always be taken at the outset
- Ensure that English law and jurisdiction applies. Any contracts need to be carefully drafted to avoid any disputes getting bogged down at an early stage over which law applies to the contract and which Courts have jurisdiction
- Enforce judgements overseas and foreign judgements in the English Courts. The obvious problems that can arise when attempting to enforce a judgement in China, the USA, or a well-known tax haven can be lessened by properly drafted enforcement clauses. Steps can then be taken to register the judgement overseas and enforce with minimum delay and expense. Similarly there are procedures in the English Courts which enable judgements obtained in foreign countries to be enforced
- Undertake arbitration proceedings. International contracts often include a clause requiring the parties to attempt to resolve any disputes via arbitration proceedings in England and Wales before any formal legal proceedings are commenced. Arbitration is a private procedure which sits outside the normal court system and which normally involves the appointment of a Judge or senior lawyer to adjudicate on the dispute. His decision is normally binding on the parties and can be enforced through the Court system if necessary
- Deal with conflicts of law. A conflict of law arises where there is a dispute over which laws are applicable regarding a particular contract or legal issue. Where such conflicts arise, you will require specialist legal advice in this complex area to unpick the provisions of the contract.
Why choose Linder Myers?
At Linder Myers, our commercial litigation team advises clients on a wide range of international enforcement and cross-border disputes. We have previously dealt with international legal disputes within, for example, the USA, Europe, and China.
Where necessary we can advise upon asset tracing, worldwide freezing orders, the registration and enforcement of judgements overseas and complex jurisdictional and cross-border issues. We are also familiar with the enforcement of overseas judgements in the UK and in advising clients on judgements obtained under the Brussels and Hague regulations protocols.
Our membership of Consulegis provides us with ready access to an independent network of law firms, in-house lawyers and related professional advisors in 45 countries, and 150 cities worldwide.
With extensive experience in dealing with international legal disputes and agreements, if you need specialised legal support, contact Linder Myers today.Contact us