International Litigation

International litigation refers to a case in which the legal effect of the parties or the dispute arises across two or more countries.

In other words, it includes situations in which a Korean company has a legal dispute with a foreign company, a foreign government, or an individual, or conducts litigation before a local court abroad or an international arbitration body.

Unlike domestic litigation, international litigation involves complex procedures and legal issues, such as jurisdiction, governing law, and the recognition and enforcement of judgments.

In the global business environment, the possibility of disputes is ever-present, including in overseas import and export, joint ventures, licensing, the operation of local subsidiaries, international M&A, financial contracts, overseas defaults, intellectual property disputes, and nonpayment of international transaction amounts.

Accordingly, a specialized international litigation strategy should be established that comprehensively considers each country's laws and litigation systems, private international law and treaties, local court precedents, and the feasibility of enforcement.

The various international legal disputes that companies actually face, and the types of international litigation, are as follows.

International litigation generally proceeds according to the following steps:

(1) Confirming jurisdiction
Determining which country's court may hear the case based on the domicile of the disputing parties, the contractually agreed jurisdiction, and the jurisdictional standards under private international law
→ Disputes over jurisdiction are the most heavily contested issue at the early stage of litigation

(2) Determining the governing law
Determining the country's law to apply to the dispute in accordance with the international contract, private international law, and international treaties
→ Whether the governing law is Korean law or foreign law changes the outcome of the case and how the proceedings unfold

(3) Filing the suit and submitting the answer
Filing the complaint and submitting the answer with a foreign court, a Korean court, or an international arbitration body
→ Collaboration between a local law office and a Korean attorney with relevant expertise plays a critical role

(4) Collecting evidence and notarizing translations
Confirming each country's requirements for the admissibility of evidence, using foreign evidence-gathering systems, and notarizing translations

(5) Oral argument, witness examination, and expert testimony
Conducting oral argument, examination of evidence, and witness examination in accordance with the procedures of the foreign court

(6) Pronouncement of judgment and enforcement
After the judgment becomes final, proceeding with the recognition and enforcement of the judgment in the counterpart country
→ Confirming whether an enforcement treaty exists between the two countries

The following reviews the key issues that often arise in international litigation.

When proceeding with international litigation, reviewing the following legal response points may help in obtaining a favorable outcome.