International Business and Commercial Law
Home Up Search Feedback Guest Book Site Map Contact Us 



Since 1972, the Firm has handled many important international litigations for both Fortune 500 companies and lesser known companies and individuals.  This international litigation has taken place in both United States courts and in the courts of other countries, and, sometimes in multiple courts in multiple countries.  Some of the Firmís international litigation clients have included, The Bank of New York, Credit Suisse First Boston, General Electric, Ted Lapidis, Pierre Balmain, Louis Feraud, and The Times Mirror Company, to mention but a few. 

International litigation involves special risks and concerns.  Among other things, securing a judgment in a jurisdiction where the defendant is amenable to service but does not have assets can be a hollow victory, because the judgment is not collectable in that jurisdiction.  Absent special enforcement proceedings, such a judgment would not be enforceable in another jurisdiction where the judgment debtor has assets.  The special enforcement proceeding needed to convert the initial judgment into a judgment that the jurisdiction where the defendant has assets might prove to be as difficult and burdensome as the initial litigation. 

Also, in international litigation, it is necessary to consider what language the court requires.  If all the documents are in a different language and the principal witnesses do not speak the language the court requires, the plaintiff is surely headed for extra cost and expense as well as additional uncertainty. 

Another important consideration in international is the availability of discovery, or, in some cases, the lack of it.  There are times when discovery is absolutely necessary to buttress a case.  There are other times when discovery can work against a client.  The judicious choice of a forum can maximize opportunities or minimize risk or costs. 

International litigation often implies a choice of law.  Sometimes the parties specify the law to be applied in any dispute, but not always.  When the opportunity arises, the choice of an available jurisdiction whose law is more favorable on a particularly point can be very useful. However, if the defendant does not have significant assets in that jurisdiction, this tradeoff may not be worth it. 

The proper balancing of all these issues involves a sound understanding of the international litigation process, experience, and judgment.  The Firm believes it has acquired all these requirements over the years of its international litigation practice. 

The Firm would be pleased to consult with both litigants and their counsel about international litigation tactics and strategy when the need arises. .

Home Up International Litigation Foreign Judgments International Arbitration Free Speech Rights Directions

Best viewed with Internet Explorer 5.0 or higher
Copyright © 1997-2007 Berg and Duffy, LLP