Successfully managing a Contentious Cross-border Dispute
Increased globalisation brings a wealth of advantages to businesses that develop the capacity to operate in more than one country. Expansion overseas into neighbouring countries can enable a business to replicate its initial commercial success in its home country across other markets. The obvious benefits should be considered besides the increased probability of risk, exposing businesses to financial risk, amplified legal liability across foreign jurisdictions and potential reputational threat arising from a legal dispute. Giambrone & Partners’ lawyers regularly provide guidance prior to a dispute arising to minimise the potential for disputes and attempt to pre-empt the opportunity for litigation.
A cross-border commercial dispute is never a welcome situation, however, a business is advised to prepare for such a situation by engaging with knowledgeable expert lawyers with not only legal strength but the capacity to navigate the regulatory landscape in a range of jurisdictions, as well as the ability to be heard before the various international courts. Pre-litigation advice is invaluable.
Additionally, a comprehensive understanding of the cultural landscape in a variety of markets is highly advantageous, such understanding can considerably reduce the exposure to risk. Another aspect of cross-border disputes is communication between all parties, there is a considerable advantage in ensuring that lawyers and clients can communicate in a common language and that there is an absolutely full understanding of all the issues as well as clarity as to the implications of the terms of a negotiated settlement. Giambrone & Partners’ lawyers have a wide range of languages ensuring that our clients will have total comprehension of every step during the course of their matter.
When a contentious issue arises it is imperative to seek early engagement with a legal team that encompasses wide-ranging international experience of complex high-value international matters. Early intervention often shortens the time taken to resolve cross-border issues.
The lawyers in Giambrone & Partners litigation and dispute resolution teams recognise that salvaging the business relationship between the parties can sometimes be a key factor and prompt negotiation by our skilled lawyers has frequently assisted the businesses that are party to a dispute, to recover their trading association. Giambrone & Partners’ lawyers always seek to gain a clear understanding of the business objectives of our clients and are then able to set out all aspects of the impact that the dispute may have, such as the relative costs of the different approaches to dispute resolution that can be employed to settle the matter, the potential reputational impact should the matter be heard in open court and the consequences of taking no action.
Every effort should be made to resolve a dispute by use of negotiation and alternative dispute resolution (ADR) before resorting to litigation. Cultural knowledge can be crucial in early negotiations as a true understanding of the underlying character and general standpoint in respect of both party’s perception of the dispute can considerably assist in resolving the matter at the first opportunity.
Should all attempts to settle a dispute by negotiation prove to be unsuccessful the only option available will be that the matter is heard before a court. Giambrone & Partners utilises its extensive range of legal expertise, all found under one roof, once a matter has reached this stage, to draw together a skilled integrated team. Depending on the nature of the dispute, the documentary evidence, including witness statements, will then be collated and analysed. Our skilled lawyers will devise a robust strategy supporting our clients’ strategic objectives to bring about a successful conclusion and safeguard our clients’ business interests.