Preparing for a cross-border dispute: a practical checklist

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Preparing for a cross-border dispute: a practical checklist

Disputes

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7 min read

Preparing for a cross-border dispute: a practical checklist

Early decisions about forum, evidence and enforcement can determine the outcome. Eight questions to ask before you begin.

Cross-border disputes are won or lost on early decisions. Before the first letter is sent, it is worth settling questions of forum, governing law, evidence and enforcement.

Eight questions to ask first

Where will any judgment need to be enforced? Do the contracts contain arbitration or jurisdiction clauses? Which documents must be preserved, and where are they held? Who are the key witnesses and are they likely to remain available?

Keeping control of cost

A clear early case assessment, regularly revisited, helps you decide when to press and when to settle, and keeps spend aligned with the value of the claim.

Questions about this article?

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Questions about this article?

Our partners are always glad to discuss how recent developments might affect you.

Questions about this article?

Our partners are always glad to discuss how recent developments might affect you.

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