Early considerations in cross-border contractual disputes

The complexity of a cross-border dispute can, at times, appear overwhelming. However, it does not need to be, writes Alex Hudson, of Campbell Johnston Clark

When seeking to manage a cross-border dispute it is essential to understand the core issues in dispute, the applicable forum and law and, importantly, the costs of non-resolution. These issues along with the early marshalling of evidence will inform the level of any settlement or of any award/judgment if the matter cannot be resolved. Without this understanding cases cannot be effectively settled or fought. Therefore, when faced with a potential dispute, the first step should always be to take a step back, breathe and consider the following.