Cross-border litigation presents unique challenges, including not only conflicting substantive laws, but also
foreign legal systems with very different procedural regimes.
Cross - border litigation presents unique challenges, including not only conflicting substantive laws, but
also foreign legal systems with very different procedural regimes.
When disputes do arise, companies then have to invest further resources to navigate
unfamiliar foreign legal systems, often having to rely on unfamiliar foreign counsel, as well as bearing the additional risks that accompany the cross-border enforcement of judgments.
Even if your divorce is processed in the UK, you may need to deal with
multiple foreign legal systems to settle overseas assets and childcare arrangements
While bonds may provide a litigation war chest they will not even provide much value in that regard unless
the foreign legal system is likely to take action, as the Florida court has now usefully recognized.
The speech of Lord Collins touches on a number of important jurisdictional topics, including the correct test to be applied when
a foreign legal system is alleged to be corrupt and the «justiciability» of that issue under English and Manx law, as well as the circumstances in which an English or Manx Court will decline to recognise an improperly obtained foreign judgment.
In contrast, a judge seeking to apply foreign law must first establish the content of that law, either by way of time - consuming research or through the testimony of competing «experts» in
the foreign legal system.
The misconception assumes that there is a barrier between U.S. law and
the foreign legal system, which is not always the case, particularly when considering the Philippines.