International Disputes

Our experience of international disputes means that we always consider the big picture and your best interests.

Modern commercial disputes often involve international elements.  At Kingsley Napley our global outlook and connections mean that we are well placed to handle all aspects of your case. 

Kingsley Napley has contacts with lawyers across the world.  This enables us, with their assistance, to provide you with comprehensive advice on where and how best you can bring your claim and/or enforce your rights.

Jurisdiction and conflicts of law

Commerce is global.  Individuals travel extensively and many have homes or reside abroad. 

Our dispute resolution lawyers can advise you on: 

1. where you are able to bring your claim;
2. the merits and disadvantages of each possible jurisdiction; and
3. the applicable law which governs your claim.

Similarly if you are facing a claim and have reason to question the jurisdiction of the Court of England and Wales, we can advise you on the merits of such a challenge.

Global assistance

Our lawyers have access to an additional well established network of lawyers around the world.  If your claim has an international element, we can liaise with our contacts on your behalf to ensure you have the best advice which is managed effectively with your having just one point of contact. 

Similarly, we are often called upon by foreign lawyers to assist their clients in disputes taking place abroad.  We have experience obtaining testamentary and documentary evidence for use in foreign proceedings, including the taking of depositions.

Worldwide injunctions

It is often the case that urgent action needs to be taken to protect assets.  These assets are rarely held solely in the UK.  We have experience in obtaining worldwide Freezing Orders (formerly known as Mareva Orders) and tracing assets throughout the world.

Our dispute resolution lawyers also represent clients who are the subject of a worldwide Freezing Order.  We can advise on the terms and effects of these Orders, whether a challenge is appropriate and/or how they can be varied to allow the client the maximum flexibility under the Order whilst it remains in place.

International Arbitration

Litigation is not the only means of enforcing rights.  Arbitration is increasingly used by parties who are in dispute.  We have experience enforcing arbitration clauses and agreements and dealing with international arbitrations, be they private or governed by the rules of international organisations such as the International Chamber of Commerce (ICC) the International Centre for Dispute Resolution (ICDR) or the London Court of International Arbitration (LCIA).

We offer our clients assistance at all stages of the arbitral process, including during negotiations, the conduct of the claim itself and enforcement of arbitration awards.

Enforcing Foreign Judgments and Arbitration Awards

If your claim was brought abroad and you have a judgment or arbitration award, which you wish to enforce in England and Wales, we can help you.  We have experience locating Defendants, and enforcing judgments and awards.

We can also use our contacts in other jurisdictions to help you enforce your rights against a party who is not resident in the UK.

Notable Cases:

• Obtaining a worldwide Freezing Order for an Indian Pharmaceutical company to prevent dissipation of assets by a Defendant in Costa Rica, to support an arbitration being conducted and the rules of the ICC;

• Enforcing an Arbitration award on behalf of a European Government against an individual resident in England;

• Representing a Russian Defendant, subject to a worldwide Freezing Order in proceedings in this Country, where assets are held throughout the Baltic States and in the Channel Islands.

For more information, please contact Sophia Purkis