international trade dispute resolution: an introduction
DESCRIPTION
In any trade relationship there is potential for dispute. The multi-jurisdictional nature of international trade, combined with volatile markets, can make that potential particularly difficult for businesses and other organisations trading in different countries.TRANSCRIPT
international trade dispute resolutionan introduction
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An Introduction to InternationalTrade Dispute ResolutionIn any trade relationship there is potential fordispute. The multi-jurisdictional nature ofinternational trade, combined with volatilemarkets, can make that potential particularlydifficult for businesses and other organisationstrading in different countries. Resolving disputesbetween international parties can be highlycomplex; the rules governing international tradeare multifaceted and wide ranging andcorporations need to consider widely differentnational laws and regulations. The bestapproach to dealing with individual disputestherefore varies from case to case and, if you arein this situation, you need solid and effectivetargeted advice.
Across the supply chainInternational trade disputes can take a variety offorms across the full spectrum of the supplychain - from extraction or production of the rawcommodity or product, through processing,transportation and shipping, warehousing andstorage, supply to market and finance. You maytherefore be involved in, or anticipating, adispute regarding:
● Commodities - claims arising from pricevolatility and its effect on the supply chainand on claims arising from businessacquisitions
● International supply of goods - contractualissues and disputes that arise from the cross-border supply of goods, the effect of tradesanctions and trade-related aspects ofintellectual property rights
● Transportation and shipping - issues thatarise in moving goods to market, for examplegoods arriving late, damaged, or not at all,whether innocently or as a result of fraud
● Storage - claims related to how goods arestored, or under the control of freightforwarders, for example goods beingdamaged or becoming insecure
● Trade finance - issues such as falsifieddocuments in letter of credit transactions,obtaining payment for goods and claimsrelated to deficiencies in those goods
● Commercial reputation - allegations beingmade that are harmful to your businessreputation.
What you need to doDefending international trade disputes can be amajor drain on your time and resources. Theyalso involve special legal considerations that canimpact on your current and future businessstrategies. You need to manage the risks andresolve disputes quickly, in an efficient and cost-effective manner that is internationally acceptedand enforceable.
Getting the right advice is crucial. The process ofyour dispute needs careful guidance; theparticulars of your case may be complex andneed to be fully understood and accommodated.Achieving the right outcome depends a greatdeal on who you choose to advise and representyou. You need people who are knowledgeableabout the range of dispute resolution options,quick to pick up the issues of your case,experienced in the details of internationaldispute proceedings and familiar with therelevant legal systems.
Our international trade dispute resolution teamoffers all these and more.
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We have a team of specialist lawyers with very considerableexperience in dealing with the full range of international tradedisputes. We regularly handle high-value and complexdisputes and our expertise spans all sectors and industries.
Our membership of leading international legal alliances,Meritas and Lawyers Associated Worldwide, and ourrelationships with other international professionals andintermediaries also gives us an extensive internationalcapability to resource your needs across multiple jurisdictions.
Our aim is to work proactively with you to manage litigationrisk and to deliver solutions to your dispute as efficiently andcost effectively as possible. We offer you our extensiveexperience and expertise in the various options open to youto resolve your dispute, including:
● Urgent injunctions - we can advise you on the need for,and process of, urgent injunctions, for example to freezeassets or for the delivery up of goods
● Mediation - if you need to preserve an ongoing businessrelationship, mediation is often the most effective meansof settling your dispute and we are highly experienced inmediation and other forms of alternative disputeresolution
● Arbitration - we have a team of specialist arbitrationlawyers who have a great deal of experience representinga very wide range of clients worldwide and have effectivelydealt with cross-border disputes in international arbitrationunder all the leading institutional arbitration rules
● Court litigation - if, however, your interests are bestserved through the Courts, we vigorously pursue litigationand consistently achieve good results
● Enforcement - when judgments and/or awards are made,we can help ensure that these are enforced against assetsin various jurisdictions.
Our recent experience includes:● Acting for a US platinum group metals producer defending
a USD190m LCIA arbitration claim for damages brought bya smelter and refiner arising from a fall in the price of metal
● Acting for African and Asian mining companies onenvironmental and accounting claims and claims over theownership of mining licences
● Acting for an Indian importer of bitumen in an appeal ofan LMAA arbitration award
● Enforcement of an ICC arbitration award against Iranconcerning the supply of grain storage silos
● Advising a US supplier in an arbitration arising from aDubai airport infrastructure project
● Advising a state oil corporation in arbitration claims fordemurrage, oil remaining on board after delivery and oilnot delivered
● Advising on a claim for deterioration of maize duringshipping
● Acting for a state shipping company in relation to thefalsification of documents to obtain payment under aletter of credit
● Advising on claims arising out of the illegal diversion ofduty suspended beer being transported by road in the EU
● Advising on claims arising from aircraft leases and aircraftsales
● Advising on freezing injunctions over aircraft
● Acting in claims against freight forwarders for deliveryof goods
● Acting for importers of goods into the EU.
How can we help you?
International Trade Dispute Resolution Team
No.1 London BridgeLondon SE1 9BGDX 144370 Southwark 4
Tel: +44 (0)20 3755 6000Fax: +44 (0)20 3650 7000
www.howardkennedy.com
Steven MorrisPartner: Dispute ResolutionT: +44 (0)20 3755 5622E: [email protected]
James WingfieldSenior Associate: Dispute ResolutionT: +44 (0)20 3755 5778E: [email protected]
Sue ThackerayPartner: Commercial LitigationT: +44 (0)20 3755 5743E: [email protected]
Mark Stephens CBEPartner: Dispute ResolutionT: +44 (0)20 3755 5725E: [email protected]
Louise BennettPartner: Dispute ResolutionT: +44 (0)20 3755 5380E: [email protected]