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Cross-Border Disputes Require Cross-Border Legal Expertise
Cross-Border Disputes
Require CrossBorder Legal Expertise
By Giambrone & Partners
Cross-border disputes require comprehensive Cross-border Legal Expertise as well as Cultural Knowledge to read the signs in Negotiations.
In the ever-increasing commercial globalisation, businesses not only face the prospect of cross-border disputes, during the course of which they must also tackle divergent jurisdictions and legal systems, regulatory variations and not infrequently a language barrier.
Giambrone & Partners, recognising the crucial importance of both speed of action and a cohesive strategy to address contentious cross-border issues, has built a seamless service across our offices in Europe which provides multi-jurisdictional lawyer/ advocates able to plead before the highest courts and who all speak a range of languages. We can deliver with a comprehensive array of multijurisdictional expertise under one roof. Our astute lawyers are dedicated to resolving complex cross-border litigation as efficiently as possible, wherever it arises internationally, to enable our clients to revert to their core business without the distraction and worry of a legal case over their heads.
The lawyers in Giambrone & Partners dispute resolution team always prefer negotiation to litigation and consider that their cultural knowledge of many countries is a key factor and assists in understanding how to negotiate with opposition parties.
Gonzalo Butori, a partner based mainly between London, Barcelona and Naples, is an excellent example of the extent of the legal capacity within Giambrone & Partners. Gonzalo is a Registered Foreign Lawyer (RFL) admitted to practise in England & Wales, he is admitted in to practice as an Abogado, a Spanish-qualified lawyer in Spain, as well as Avvocato Stabilito in Italy. He has recently successfully assisted a British company with a complex cross-border dispute involving breach of contract against a European construction company; the claim amounted to over £400,000. The case was compounded by the defendant being based out of jurisdiction. The matter was heard before the High Court in England and Wales.
Gonzalo commented, “many businesses add a jurisdictional clause in their contract naming England and Wales as the jurisdiction in which a dispute should be heard, as the London courts are perceived as fair and incorruptible. Ensuring that your contract includes a jurisdiction clause enables you to be fully prepared, including having a first class legal assistance available when needed.”
Gonzalo further remarked, “all too often a business is on the back foot when a contentious issue flares up and has to find legal representation quickly. Sometimes reverting to their usual commercial law firm that does not have capacity in the jurisdiction where the matter is being heard, resulting in a second law firm being instructed hastily which can lead to problems arising out of language difficulties, this can be very detrimental to the outcome if the facts of the matter are not fully understood by all parties.”
Gonzalo has acted in a wide range of international and domestic commercial disputes. He regularly appears at mediation and arbitration hearings. He has acted as co-advocate in international commercial disputes under ICC rules as well as in other Alternative Dispute Resolution (ADR) proceedings.
Gonzalo is recognised for his focus on resolution for his clients as well as his robust capacity when pursuing his clients’ best interests. He has assisted in a number of cross-border transactions involving various EU jurisdictions and achieving highly successful results for his clients. He specialises in conflict of laws and jurisdiction.
Gonzalo also leads the Latin America LATAM Desk in London where the focus is assisting companies and individuals from South America with interests in the United Kingdom in a variety of matters including contract disputes as well as assistance for businesses wanting to enter new markets.
In addition to being admitted to practise in England & Wales as a Registered Foreign Lawyer (RFL), Gonzalo is admitted in to practice as an Abogado, a Spanish-qualified lawyer in Spain, as well as Avvocato Stabilito in Italy and divides his time between the London, Barcelona and Naples offices. He speaks English, Spanish and Italian.
For more information concerning assistance with a cross-border dispute or commercial matter please contact his clerk sam.groome@giambronelaw.com or see the firm’s website.
https://www.giambronelaw.com/site/ people/senior-lawyers/
Surrounding the uncertainty of Brexit, the ArabBritish Certificate of Origin remains the certain method to trade with the Arab world. There have been no changes to the certificate, and the ABCC’s services have suffered no interruption by the UK’s departure from the European Union. We at the ABCC remain available to support your exporting and wider business needs. www.abcc.org.uk
The Arab British Chamber of Commerce is delighted to be working in partnership with our inhouse law firm, Sterling Stamp, to deliver an over-the-counter same day Solicitor Certification Service along with all your other export documentary and legal requirements.
What documents can we certify?
Legalisation is a process of document authentication observed by international governments. If you intend to use a document overseas, then local authorities require it to be legalised before it can be considered valid. Each country has its own legalisation requirements determined by the type of document being legalised and its intended use. There are many different types of documents that we can authenticate, such as:
• Academic certificates and qualifications (original or copies may be certified) • Company documents (original or copies may be certified) • Passports and driving licence (copies are always signed) • Power of attorney (normally original documents are witnessed) • Wills and last testaments (original or copies may be signed) • Affidavits and declarations (original documents are witnessed) • Deed Polls (original or copies may be signed) • Contracts, agreements, or resolutions (original or copies may be signed).
Do you need a Public Notary?
In many circumstances a solicitor can perform certification and authentication, but occasionally an overseas authority may insist that a document is signed by a notary public rather than a solicitor. Please check with the requesting party to establish if they need specifically a public notary rather than a solicitor. If your document clearly states that it must be signed or witnessed by a notary public then you must follow this instruction and for such cases the A-BCC does also offer a notary service.
