Structuring International Disputes Before Filing
Jurisdiction is not a footnote. Mapping parallel actions, local asset freezing, and international enforcement routes.
Cross-border litigation requires a proactive strategy that prioritizes jurisdiction and asset preservation over speed. Initiating action without mapping enforcement routes often yields empty judgments.
1. Determining Jurisdiction under Brussels I Recast
Under EU Regulation 1215/2012, determining the appropriate forum is critical. We analyze choice-of-court clauses and cross-border elements to avoid jurisdictional conflicts and establish a clear basis for actions.
2. Managing Parallel Proceedings (Lis Alibi Pendens)
Preventing conflicting decisions in different countries requires managing parallel claims. We deploy litigation holds and jurisdictional challenges to secure the primary forum under Law 14/1960 Section 21.
3. Pre-Action Asset Freezing and Service of Process
Securing assets early prevents counterparty evasion. We coordinate with foreign counsel to secure cross-border freezing orders, and ensure service under the Hague Service Convention to protect the procedural record.
This briefing is prepared for general informational purposes and does not constitute direct legal advice. Clients are advised to complete independent compliance and conflict verification before making capital commitments.
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