International Dispute Resolution: Ordinary Trial, Mediation and Arbitration
The possibilities of international law
The law of each country has particularities, but a good advisor will know the cardinal points to solve a problem. Therefore, we can say that the most important factor in the case of a conflict in an international relationship is the country in which the problem should be dealt with. The region in which problems are to be resolved may be defined, broadly speaking, by the law affecting the case, or by the agreement entered into between the parties to the dispute, such as a submission to arbitration or the like.
An example of the above in Europe is EU Regulation 1215/2012, known as the Brussels Regulation. This Regulation refers to different jurisdictions depending on the case in question; some of these jurisdictions may be agreed by agreement not to apply, in others, as in the relationship with consumers, the jurisdiction may not be modified by agreement to the detriment of the consumer.
The parties, in addition to agreeing on the country and applicable law, may choose the body and system by which the problem will be resolved. We are talking about institutions and systems such as arbitration and mediation. These elements tend to be common in international transactions; and the reasons may be diverse; sometimes specialists in the problem are sought to solve it, other times greater privacy is sought, to establish a neutral ground to resolve the conflict…
What do we offer?
Legal representation in international conflicts:
We offer our experience and expertise in international dispute resolution.
We ensure that our clients’ legal defense is adequate in any jurisdiction.
Management of financial claims in other countries:
We manage and defend the interests of our clients in cases of economic claims in other countries.
Our experience in different jurisdictions allows us to successfully defend our clients’ interests.
Resolution of cross-border disputes:
We regularly work in multiple European jurisdictions and have acquired analytical skills to resolve disputes involving cross-border elements.
We have experience in patent and trademark disputes, as well as in the trade of goods and services.
Advice on internationalization plans:
We assist our clients in their internationalization plans, providing legal and strategic advice.
We have helped our clients successfully establish themselves in China, Mexico, Greece and throughout Europe.
Our experience covers a wide range of sectors
As experts in international law, we have assisted our clients in a multitude of sectors such as financial services, insurance, franchising, construction, energy (oil and gas), international trade…
Therefore, international lawyers need to have not only extensive knowledge of the issues they are encountering, but also proven experience. Sometimes an international lawyer cannot bring a case before the jurisdiction of a third country, such as Luxembourg or the United States, because he or she is not licensed in that country. In these cases, the expert lawyer from a country that is not where the dispute will be resolved will take care of the legal defense of a third party, making sure that he or she does the right job.
As an example of the above, at Navas & Cusí as expert lawyers in international law, we have had to defend a case from different premiums simultaneously in four jurisdictions (Spain, Luxembourg, London and Brussels); each case with a particularity, but in the end it was resolved with an agreement. On other occasions we are asked to handle a financial claim in other countries.
Our lawyers regularly work across multiple European jurisdictions, so they have acquired significant analytical skills in disputes involving cross-border elements (such as trade in goods and services), patent and trademark disputes, etc.