Situations that come up again and again
Many cross-border disputes involve unpaid invoices for shipped goods, the end of a distribution or agency relationship, a licensing disagreement, or a struggle for control in a joint venture. Some countries protect distributors or commercial agents on termination in ways U.S. law does not, and local employment or corporate rules can also come into play. The governing-law clause and the location of the parties both matter, and a dispute that looks simple under New York law may look quite different under the law of another country. Ownership of a joint venture's local company, its bank accounts, and its licenses often decides who has practical leverage.
What to collect now
Gather the contract and any amendments, purchase orders, invoices, shipping records, and correspondence, including messages on chat apps commonly used for business abroad. If documents are in another language, keep the originals and arrange translations through counsel. Note where the counterparty holds assets and whether it has related companies in the United States. Before stopping performance or sending a termination notice, check the contract's notice and termination provisions, since an improper termination can create liability of its own. Keep communications with the counterparty businesslike while you take stock.
First steps with us
In a first consultation we review the contract, its forum and governing-law clauses, and where the relationship stands today. We discuss whether negotiation or mediation may resolve the dispute, and at what point formal proceedings make sense. Where the dispute may need to proceed in another country, we explain how we would coordinate with local counsel and what that would mean for cost. We also consider how to protect your position in the meantime, including whether any interim relief is realistic. You come away with a sequence of steps rather than a single dramatic move.
