International complex litigation guide—United States
International complex litigation guide—United States

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • International complex litigation guide—United States
  • Questions and answers

The International complex litigation guide for United States is presented in a Q&A format. The questions are set out below. The guide can be accessed here:

GTDT 2020: International complex litigation guide—United States

Questions and answers

1. How common is commercial litigation as a method of resolving complex disputes?

2. Please describe the culture and ‘market’ for litigation. Do international parties regularly participate in disputes in the court system in your jurisdiction, or do the disputes typically tend to be regional?

3. What is the legal framework governing commercial litigation? Is your jurisdiction subject to the civil code or the common law? What practical implications does this have?

Bringing a claim—initial considerations

4. What key issues should a party consider before bringing a claim?

5. How is jurisdiction established?

6. Res judicata—is preclusion applicable, and if so, how?

7. In what circumstances will the courts apply foreign laws to determine issues being litigated before them?

8. What initial steps should a claimant consider to ensure that any eventual judgment is satisfied? Can a defendant take steps to make themselves ‘judgment proof’?

9. When is it appropriate for a claimant to consider obtaining an order freezing a defendant’s assets? What are the preconditions and other considerations?

10. Are there requirements for pre-action conduct and what are the consequences