Jurisdiction disputes

The international nature of our commercial litigation practice means we frequently deal with cross-border jurisdiction issues.

Traditionally these have taken the form of international trade disputes, typically between two companies contracting under different legal systems. However, the vast increase in mobility and communications across country borders in recent years has led to a corresponding increase in the complexity of jurisdictional disputes.

International conventions are designed to simplify these conflicts, but for clients caught up in them it remains critically important, where possible, to choose the most favorable jurisdiction for litigation or arbitration to take place.

Working in close co-operation with other law firms in many jurisdictions, we advise on the choices, where they exist, and act rapidly to engage the best jurisdiction or to restrain other parties from proceeding in inappropriate jurisdictions. If necessary, we also dispute the validity of choices that are disadvantageous for our clients.

Recent work

  • Acted for an Italian businessman who was the subject of an English freezing order for €60 million during complex proceedings in Italy.
  • Succeeded in maintaining a fraud action in England, against a party claiming the dispute should be governed by a Swiss arbitration in which our client had no confidence.
  • Successfully maintained a fraud action in England against a party claiming the dispute to be governed by a Swiss arbitration that the client has no confidence in.

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