international trade dispute resolution an introduction
An Introduction to International Trade Dispute Resolution 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. Resolving disputes between international parties can be highly complex; the rules governing international trade are multifaceted and wide ranging and corporations need to consider widely different national laws and regulations. The best approach to dealing with individual disputes therefore varies from case to case and, if you are in this situation, you need solid and effective targeted advice.
Across the supply chain International trade disputes can take a variety of forms across the full spectrum of the supply chain - from extraction or production of the raw commodity or product, through processing, transportation and shipping, warehousing and storage, supply to market and finance. You may therefore be involved in, or anticipating, a dispute regarding: ●
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Commodities - claims arising from price volatility and its effect on the supply chain and on claims arising from business acquisitions International supply of goods - contractual issues and disputes that arise from the crossborder supply of goods, the effect of trade sanctions and trade-related aspects of intellectual property rights
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Transportation and shipping - issues that arise in moving goods to market, for example goods arriving late, damaged, or not at all, whether innocently or as a result of fraud
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Storage - claims related to how goods are stored, or under the control of freight forwarders, for example goods being damaged or becoming insecure
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Trade finance - issues such as falsified documents in letter of credit transactions, obtaining payment for goods and claims related to deficiencies in those goods
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Commercial reputation - allegations being made that are harmful to your business reputation.
What you need to do Defending international trade disputes can be a major drain on your time and resources. They also involve special legal considerations that can impact on your current and future business strategies. You need to manage the risks and resolve disputes quickly, in an efficient and costeffective manner that is internationally accepted and enforceable. Getting the right advice is crucial. The process of your dispute needs careful guidance; the particulars of your case may be complex and need to be fully understood and accommodated. Achieving the right outcome depends a great deal on who you choose to advise and represent you. You need people who are knowledgeable about the range of dispute resolution options, quick to pick up the issues of your case, experienced in the details of international dispute proceedings and familiar with the relevant legal systems. Our international trade dispute resolution team offers all these and more.
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How can we help you? We have a team of specialist lawyers with very considerable experience in dealing with the full range of international trade disputes. We regularly handle high-value and complex disputes and our expertise spans all sectors and industries. Our membership of leading international legal alliances, Meritas and Lawyers Associated Worldwide, and our relationships with other international professionals and intermediaries also gives us an extensive international capability to resource your needs across multiple jurisdictions. Our aim is to work proactively with you to manage litigation risk and to deliver solutions to your dispute as efficiently and cost effectively as possible. We offer you our extensive experience and expertise in the various options open to you to resolve your dispute, including: ●
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Urgent injunctions - we can advise you on the need for, and process of, urgent injunctions, for example to freeze assets or for the delivery up of goods Mediation - if you need to preserve an ongoing business relationship, mediation is often the most effective means of settling your dispute and we are highly experienced in mediation and other forms of alternative dispute resolution Arbitration - we have a team of specialist arbitration lawyers who have a great deal of experience representing a very wide range of clients worldwide and have effectively dealt with cross-border disputes in international arbitration under all the leading institutional arbitration rules Court litigation - if, however, your interests are best served through the Courts, we vigorously pursue litigation and consistently achieve good results Enforcement - when judgments and/or awards are made, we can help ensure that these are enforced against assets in various jurisdictions.
Our recent experience includes: ●
Acting for a US platinum group metals producer defending a USD190m LCIA arbitration claim for damages brought by a smelter and refiner arising from a fall in the price of metal
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Acting for African and Asian mining companies on environmental and accounting claims and claims over the ownership of mining licences
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Acting for an Indian importer of bitumen in an appeal of an LMAA arbitration award
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Enforcement of an ICC arbitration award against Iran concerning the supply of grain storage silos
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Advising a US supplier in an arbitration arising from a Dubai airport infrastructure project
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Advising a state oil corporation in arbitration claims for demurrage, oil remaining on board after delivery and oil not delivered
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Advising on a claim for deterioration of maize during shipping
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Acting for a state shipping company in relation to the falsification of documents to obtain payment under a letter of credit
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Advising on claims arising out of the illegal diversion of duty suspended beer being transported by road in the EU
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Advising on claims arising from aircraft leases and aircraft sales
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Advising on freezing injunctions over aircraft
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Acting in claims against freight forwarders for delivery of goods
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Acting for importers of goods into the EU.
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International Trade Dispute Resolution Team
Steven Morris Partner: Dispute Resolution T: +44 (0)20 3755 5622 E: steven.morris@howardkennedy.com
Mark Stephens CBE Partner: Dispute Resolution T: +44 (0)20 3755 5725 E: mark.stephens@howardkennedy.com
Louise Bennett Partner: Dispute Resolution T: +44 (0)20 3755 5380 E: louise.bennett@howardkennedy.com
Sue Thackeray Partner: Commercial Litigation T: +44 (0)20 3755 5743 E: sue.thackeray@howardkennedy.com
James Wingfield Senior Associate: Dispute Resolution T: +44 (0)20 3755 5778 E: james.wingfield@howardkennedy.com
No.1 London Bridge London SE1 9BG DX 144370 Southwark 4 Tel: +44 (0)20 3755 6000 Fax: +44 (0)20 3650 7000 www.howardkennedy.com