International Commercial Litigation

International Commercial Litigation is not a legal subject as such, as commercial litigation must be done in the courts of a particular jurisdiction in accordance with the rules and procedures of that country or jurisdiction. Commercial litigation, may, however be done in an international context.

Broadly speaking there are three situations that may be covered by this term. First, where there are proceedings in several different jurisdictions at the same time involving the same parties and arising out of the same factual background. For a Claimant, such cases require strategic planning and tactical coordination on a large scale. The defendant, on the other hand, will usually seek to employ the doctrine of lis pendens in the various jurisdictions in an effort to limit the extent of the proceedings.

Secondly, proceedings may be initiated in one jurisdiction which is ancillary to the main action in another jurisdiction. Such ancillary proceedings may be to seek a mareva injunction to freeze the defendant's assets pending the determination of the main action, to obtain documents that may be useful to the main litigation or to obtain evidence from witnesses. In such cases the legal adviser is required to be knowledgeable of the availability of the appropriate remedies in the jurisdictions involved and the applicable procedure to seek such remedies in the jurisdictions.

Thirdly, there is the situation of a claimant who finds himself in a position where he may institute proceedings in one jurisdiction or another. Jurisdiction A may be the country in which his opponent's assets are located but jurisdiction B may be one in which litigation is disposed of most quickly and inexpensively. Questions that often arise in these situations are: will the substantive and procedural rules of the respective jurisdictions permit the claimant to litigate his claim there, and if he is so permitted and does so successfully, will he be able to enforce his judgment in the jurisdiction. Again in this case the legal adviser engaged by the claimant will be required to assess the options available and then consult local lawyers in the jurisdiction in question for confirmation and to institute the necessary proceedings.

We recognize that commercial litigation may be a very costly and frustrating affair that can take years before a final decision is reached. With this in mind we look at every aspect of our client' case and advise them on the best action to take.

Litigation is not always the best route to take especially if the client requires a decision quickly and privacy is important in the matter. Alternative Dispute Resolution in the form of the following processes may be necessary to achieve the client's desired outcome:
  • Negotiation
  • Mediation
  • Conciliation
  • Arbitration
The conduct of these proceedings must be undertaken by an experienced practitioner who has the ability to work in harmony with other lawyers who are engaged in the other jurisdictions. Moreover the team leader must be a lawyer who is not starting at the bottom but has the knowledge and experience to move swiftly with the necessary steps and see them through to speedy conclusion

Evans & Co. has an excellent track record in this area having conducted dozens of such proceedings over the 25 years of our existence.

Our Senior Partner Mr. Thomas A.E. Evans Q.C, is the person in charge of this area of practice and he is ably supported by Ms Veronique J.N. Evans and Mr. Gladstone Brown, Jr.
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