Services
International & cross-border disputes
English-law analysis and strategy for disputes that cross borders.
An international dispute usually raises two sets of questions: who has the better underlying case, and where that case can sensibly be pursued or enforced.
RWS can assist with English-law analysis, dispute strategy and coordination with authorised or overseas practitioners where appropriate.
Areas covered
RWS can assist with:
- English-law contracts involving overseas parties;
- jurisdiction;
- governing law;
- arbitration agreements;
- foreign assets;
- international evidence;
- parallel proceedings;
- enforcement;
- working with overseas lawyers;
- international arbitration.
English-law analysis
Many international commercial disputes are governed by English law, whether or not the parties are based in England. Where the contract is subject to English law, RWS can analyse the underlying merits, advise on the strength of the position, and help develop a strategy for how and where to proceed.
The analysis typically starts with the contract: what it says, what it does not say, and how its terms interact with the applicable law. In an international context, that often involves questions about which court or tribunal has jurisdiction and whether an arbitration clause applies.
Jurisdiction and governing law
Where a dispute has connections to more than one country, the question of where to bring proceedings — and under what law — can be as important as the merits. Jurisdiction clauses, arbitration agreements, and governing law provisions all affect the answer, and they do not always point in the same direction.
RWS can assist with understanding what the contract provides, how English courts approach jurisdiction questions, and what the practical implications are for how a dispute is conducted.
RWS does not advise on foreign law. Where foreign-law questions arise, coordination with appropriately qualified overseas practitioners will usually be necessary.
In international arbitration and cross-border disputes, related court steps — such as applications for interim relief, freezing orders, or enforcement of a foreign award — are reserved legal activities that must be conducted by an appropriately authorised practitioner or, where permitted, by the client personally. RWS can assist with the non-reserved analysis, strategy and preparation that supports those steps, and can coordinate with authorised practitioners or overseas lawyers where required.
Experience
Ryan's experience includes acting for internationally based clients and a foreign diplomatic mission.
That experience covers disputes with cross-border elements including jurisdiction, enforcement, and coordination across multiple legal systems.
RWS does not advise on foreign law and does not conduct litigation or appear on the court record. Advice is provided on a non-reserved basis.
Questions I am often asked about international disputes
The contract is governed by English law but the other party is overseas. Can I still bring a claim in England?
Possibly, but governing law and jurisdiction are separate questions. The fact that a contract is governed by English law does not automatically mean that an English court has jurisdiction over a dispute arising from it.
Whether an English court will accept jurisdiction depends on the jurisdiction clause in the contract, the domicile of the defendant, any applicable international rules and whether the defendant can be served. I would want to review the contract and the relevant facts before advising on this.
The contract has an arbitration clause. Does that prevent me going to court?
Generally yes, if the clause is valid and covers the dispute in question. A court will usually stay proceedings brought in breach of a valid arbitration agreement.
The scope of the clause matters. Some clauses cover all disputes; others are narrower. Whether a particular claim falls within the clause is a question of construction. There are also limited circumstances in which a court may decline to stay proceedings even where an arbitration clause exists.
Can I enforce an English judgment or arbitration award against assets abroad?
Enforcement of an English court judgment abroad depends on the country where the assets are located and whether there is a treaty or convention in place. The position varies significantly between jurisdictions.
Arbitration awards are generally easier to enforce internationally. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards has been adopted by over 170 countries, which is one reason why arbitration is often preferred for international commercial disputes. Enforcement still requires local proceedings in the relevant jurisdiction, and local practitioners will usually be needed.
Does RWS advise on foreign law?
No. RWS advises on English law only. Where a dispute involves questions of foreign law, appropriately qualified overseas practitioners will be needed for those aspects. RWS can assist with the English-law elements and with coordinating the overall strategy where multiple jurisdictions are involved.
Related service
Commercial Arbitration and International Disputes
Discuss an international dispute
RWS does not conduct litigation or appear on the court record.
Discuss your matter