In international litigation, the issue that's always raised when dealing with the enforceability of an international contract is whether the agreement's forum selection clause is enforceable. And usually the answer is yes, the forum selection clause will be enforceable. Probably. I say probably because there are a set of discrete factors that a court will look at in deciding … [Read more...]
Got Sued Globally? Counter-Sue Locally for Leverage in Negotiations.
The other day I received a call from a potential client here in the U.S. whose company was sued in a foreign country. And not just any foreign country, one of THOSE foreign countries. Now the great thing I love about international litigation is the strategy that's involved when dealing with a foreign country. There's a whole new set of dynamics to consider such as the … [Read more...]