5 tips for multi-country litigation

In today’s globalised world, businesses and individuals often find themselves involved in litigation across multiple jurisdictions. Managing multi-country litigation can be complex. Here are five tips to navigate multi-country litigation effectively.

1. Make sure you have a strong international network

Having a strong international network is crucial when dealing with multi-jurisdictional litigation. Of course, every GGI member knows the importance and benefits of an excellent international network but this should not be taken for granted. The ability to tap into trusted legal professionals from various countries can help you navigate complex local laws, regulations, and procedural rules. Building relationships with experienced local counsel ensures that you can address legal challenges effectively and gain insights into the best strategies for each jurisdiction.

2. Compare countries

When engaging in multi-country litigation, it's crucial to compare the cultural differences and the legal systems of the countries involved. By comparing the legal environments of each jurisdiction, you can better anticipate challenges and tailor your approach to each system's nuances. Tools that may give some guidance are the Hofstede Insights country comparison tool to navigate cultural differences, and the World Justice Project Rule of law index for insights into the legal systems of the countries involved.

3. Planning

Not all legal systems operate at the same pace. Some jurisdictions may have swift procedures and quick resolution times, while others might be slower. Plan your strategy with these timelines in mind. As lead litigator you may want to schedule all pending legal proceedings in an overview and try, as much as possible, to align these proceedings. 

4. Manage costs

Multi-country litigation can be expensive. One way to manage costs effectively is to use text blocks regarding the facts and legal backgrounds which should essentially be similar for all legal proceedings. Other options you might consider are alternative dispute resolution mechanisms (e.g. arbitration), which may offer faster and more cost-effective solutions than traditional litigation. 

5. Strategic opportunities

Because multiple country lawsuits have different legal systems and processing times, you can also use this to your advantage. Perhaps the chances of success are better in one country than in another, or perhaps one country offers procedural advantages over another. Analyse these differences carefully to get the most out of them. After all, the first ruling in an international dispute sets a precedent for all other cases that are pending in the other countries at the same time.

Conslusion

Managing litigation across multiple countries requires foresight, strategic thinking, and a comprehensive understanding of the legal landscape in each jurisdiction. By taking the time to understand the jurisdictional issues, coordinate with local counsel, adapt to different legal frameworks, manage costs, and explore settlement opportunities, you can improve your chances of successfully navigating complex international disputes.

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Nico van der Peet is the head of Thuis Partners’ business law and corporate litigation department. He counsels on corporate structures, participations, and joint ventures. His activities include litigation relating to shareholder disputes, decision making, and liability.