
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.