We explain how our clients succeed in multi-jurisdictional cases involving Europe, the Middle East, Asia, and Africa.
From a legal perspective, cross border disputes are very technical. As a result, the parties and their legal teams often face an uphill battle to achieve the result they are looking for. There are various obstacles that need to be overcome such as dealing with conflicting jurisdictions, foreign enforcement issues and calculating how to strategically deploy international legal procedures. Ultimately, this can place significant legal and commercial strain on our clients.
At Nath Solicitors, we specialise in resolving international litigation. We act with precision and discretion. Whether the dispute involves assets, courts, or companies in other countries, we move fast to protect our clients’ interests internationally. Admittedly, there are barriers to achieving success in cross border litigation. However, there are strategies we can use to bring down these barriers. We have successfully employed these in numerous cases, and we share some of these essential strategies below.
1. Jurisdictional clarity
A well-drafted international contract, especially one involving cross border entities or services or where there are high commercial stakes should have a jurisdictional clause. This ensures clarity and helps eliminate the uncertainty of litigation. Many cross-border disputes hinge on which court has jurisdiction to decide the case. And ascertaining the jurisdiction allows a proper assessment of the possible outcomes in the case. It also allows you to weigh up the advantages and disadvantages of each potential jurisdiction, including consideration of applicable procedural rules.
In our firm, we assist clients not only in enforcing or challenging jurisdiction clauses, but also in managing jurisdictional issues to avoid parallel proceedings or so-called ‘forum shopping’ which may delay resolution. Also, we help respond to foreign proceedings effectively and protect your interests robustly.
Additionally, where appropriate, we move swiftly to secure English jurisdiction where it offers a legal or strategic advantage, including the authority of English court orders overseas, the predictability of English law, and access to effective remedies.
2. Coordinated Multi-Jurisdictional Litigation
Our expertise is not limited to the UK alone, we have acted in disputes involving parties in the UK, EU, Middle East, Africa, Asia and North America. When acting in cross border disputes, we coordinate our work with trusted foreign partners and seek mirror injunctions across jurisdictions. This ensures that the legal strategy is aligned across borders, avoiding conflicts, misunderstandings and procedural errors that could delay or weaken your case. This strategy improves your case by establishing a cohesive, multi-jurisdictional legal front that deters negative behaviour, makes enforcement easier, effectively navigates intricate foreign legal environments and maximises your leverage with your opponent.
3. Freezing Orders and Asset Tracing
In high-value or cross border disputes, preserving assets is extremely important. At Nath solicitors, we understand these problems and as a result, we act decisively and swiftly when needed to:
- Obtain worldwide freezing injunctions
- Apply for disclosure orders (Norwich Pharmacal or Bankers Trust)
- Work with forensic investigators to trace assets in offshore jurisdictions
Actions like these prevent the opposing parties from disposing or hiding assets across different countries which could otherwise make enforcement of judgement or recovery of damages extremely difficult.
4. Enforcement of Foreign Judgments and Awards
We provide comprehensive support to help clients enforce foreign court judgments in England, ensuring that overseas decisions are recognised and can be acted upon effectively. Conversely, we assist in enforcing English court judgments in other countries by leveraging international treaties or ensuring principles of comity are upheld—where courts cooperate out of mutual respect.
We are familiar with how major arbitration bodies like the LCIA and ICC work. So where international arbitration is an option, we can guide our clients smoothly and strategically through enforcement, ensuring consistent and effective support.
5. Urgent Action with International Impact
In cross-border disputes, acting quickly can make the difference between success and failure. We are known for our fast and decisive responses to urgent matters, including:
- Taking swift legal steps to block the spread of defamatory material that has wide-reaching global implications
- Applying for anti-suit injunctions to prevent parallel or conflicting proceedings in foreign courts
- Facilitating early settlements by using carefully planned strategic communications
Overall Nath Solicitors combines strong litigation expertise with a deep understanding of business and jurisdictional issues to help companies safeguard their most important interests when facing cross border disputes.
Contact Nath Solicitors
If you need assistance with an international dispute contact Nath Solicitors today. Call us on 0203 983 8278 or email us at enquiries@nathsolicitors.co.uk.