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How can a cross-border law firm help with disputes?
From 1 January 2021, the European Union (Withdrawal) Act 2018 came into effect and altered the United Kingdom’s trades and interacts with other European countries. Cross-border disputes raise the question of which jurisdiction the dispute should be litigated in, and which country’s laws will need to be followed.
This guide will explore the different ways a cross-border law firm can help during international dispute proceedings.
Click on the links below to jump to that section:
Discover some of the most common examples of cross-border disputes, and when these can occur.
Read about the benefits of working with cross-border lawyers during dispute proceedings.
Discover what you should consider before finding representation for cross-border disputes.
Discover who Giambrone & Partners are, and how they can help you in cross-border disputes.
Read the most frequently asked questions on cross-border disputes.
What are some examples of cross-border disputes?
A cross-border dispute refers to incidents where the parties involved are based or trade in different countries. This may include individuals, when involved in international divorce proceedings, or organisations that require dispute resolution for commercial reasons.
Family disputes
Examples of cross-border family disputes include an international divorce, where the couple resides in different countries, cross-border inheritance disputes (such as a challenge to a will) and child proceedings related to residence.
In the event of a cross-border divorce, divorce proceedings will be heard before a court that has the “closest connection” to the couple. This is dependent on factors such as the nationality of both parties, where the couple were previously domiciled, whether there are any children of the marriage, where school age children attend school.
For more about international family law and how Giambrone & Partners can help here.
Commercial disputes
Expanding businesses may look overseas for opportunities. However, this opens up the potential for cross-border legal issues, such as disputes involving contractual obligations, outstanding debt and insolvency, as well as insurance dispute.
Any business or organisation facing an international commercial dispute should immediately seek expert legal advice to establish the validity of the claim. Our cross-border litigation multi-lingual lawyers can assist commercial clients in their own language and ensure that the proceedings are transparent and understandable.
Contact our multi-lingual lawyers today or email us at clientservices@giambronelaw.com.
Accidents abroad
European countries, such as Spain and Portugal, have remained popular holiday destinations for residents in the United Kingdom. Whilst you are overseas, there is always the risk of an accident occurring, from road traffic accidents, hotel incidents or medical negligence.
Find out more about the process for claiming damages when an accident occurs abroad here.
How can cross-border lawyers help with dispute resolution?
When involved in a cross-border dispute, it is vital to seek expert legal advice as soon as possible. Cross-border lawyers can assist to resolve the dispute by means of mediation. If the dispute cannot be resolved, our lawyers can assist during the proceedings by providing first class legal advice and help achieve the best outcome.
In family disputes, this may involve determining which jurisdiction the cross-border dispute should proceed in if there is an option. Cross-border lawyers can also assist with any documentation throughout proceedings.
In commercial international disputes, experienced cross-border lawyers will be able to assist the company by liaising with the other party’s international lawyers and any agencies involved in the dispute proceedings. Eventually, there may be the possibility of enforcing a judgement in different jurisdiction.
Contact Giambrone & Partners today for more information on cross-border disputes.
What are the benefits of a cross-border law firm?
British nationals may instruct their usual English law firm for legal advice in a cross-border dispute. However, it is entirely possible that the lawyers may not possess knowledge of international law and will have to appoint an overseas law firm to assist. This can lead to problems and delays in communication with international courts and lawyers.
Cross-border lawyers, familiar with the jurisdiction that your dispute is being held in, will have knowledge and experience of dealing with similar proceedings and will be able to provide appropriate advice depending on your objectives.
Find out more about the benefits of working with an international cross-border law firm here.
What should you consider when working with a cross-border dispute law firm?
Before seeking legal advice, certain elements should be considered. The law firm you appoint must be experienced in jurisdiction in which the cross-border dispute will proceed. Cross-border lawyers will be able to help determine where the jurisdiction will be, and help provide advice on the specific country’s laws.
It is important to choose a cross-border law firm that has multi-lingual lawyers who can keep you informed in your own language. It is essential to have clear communication throughout the proceedings between the client, lawyer, and courts.
In addition, consideration of the evidence or any other factors that surround the case, especially regarding accidents abroad. Cross-border lawyers can help you determine whether there is a strong enough case, and help collect evidence or and relevant documentation.
Find out more information on cross-border disputes here.
How can Giambrone & Partners help?
Giambrone & Partners provides cross-border legal services and has over 15 years of experience. With offices in the UK, Spain, Italy, Portugal, France and Tunisia, we are able to assist in various jurisdictions and to help with dispute resolution. Our multi-lingual lawyers can assist international clients in many languages including but not limited to Arabic, English, German, Italian, Ukrainian and Spanish to ensure there is strong communication throughout the cross-border dispute proceedings.
Contact our cross-border dispute team today to see how Giambrone & Partners can help you.
Frequently asked questions
How can a cross-border dispute be resolved?
If an international dispute occurs, it is important to seek legal advice immediately. International disputes can be difficult, and the slightest misstep could be highly detrimental to your business (in commercial disputes) or to your personal life. Cross-border lawyers can assist in determining the best jurisdiction in which the dispute will be heard in order to deliver the best resolution, if there is a choice.
Contact Giambrone & Partners today for more information on cross-border disputes.
Related content
How to Manage a Cross-border Dispute
British nationals in trouble abroad: are we aware of our options?
Benefits of Using Mediation for Cross-Border Family Disputes