INTERNATIONAL COMMERCIAL ARBITRATION, CROSS-BORDER LITIGATION
Our Firm has a long experience in “International commercial litigation” including many forms of alternative dispute resolution (“ADR”) i.e. mechanisms for resolution of disputes outside national courts, as p.e. arbitration, mediation and conciliation in international commercial matters. Together with the purposes of the client, our specialists in that field are looking for the best strategy and practice of international commercial litigation. They consider mainly that the best solution, from the client’s perspective, to almost any significant cross-border litigation (arbitration or national courts) is usually for there to be no litigation at all. Finishing before you start - resolving the dispute before the lawyers become entrenched in their positions – is the result that allows business people to do what they do best: conduct business.
If despite these efforts from international commercial transactions disputes may arise, our lawyers are also well prepared to answer the questions of the client where and how these disputes should be resolved. Should preference be given to litigation in national(state) courts or to international arbitration, i.e. a non-governmental decision-maker selected by the or for the parties, if a valid agreement to arbitrate exists under applicable law?
If the case is brought by one of the parties before an outside national court, our lawyers, based on a large international network with other lawyers worldwide, are also capable to find and to work together with a competent lawyer who is known and well respected in the tribunals where the case will be tried and who has all the necessary characteristics for getting the job done in the best interest of the client.
Before going “forum shopping” for the client, i.e. finding the most effective forum of the world for the case, our specialists will be evaluating the strategic ramifications of forum selection not only on the physical location of the suit, but also on the substantive law applied, the procedures used, and the potential for subsequent enforcement. This might include the decision to include litigation as part of a strategy of bringing multiple proceedings, of obtaining provisional measures or relief, or of putting pressure on a party as part of negotiating a settlement. After evaluating the case, our lawyers will present the client strategic decisions and practice tools necessary to successfully initiate, defend, and conclude a transnational case.