Our lawyers are leaders in this area, offering in-depth knowledge of and experience with the issues that make cross-border disputes so complex. We strive to be problem solvers who identify the potential risks in advance and arm our clients with strategies to avoid them. We have a successful track record with a wide array of clients, from individuals to multinational corporations, across many industries. Because of Bradley’s depth in other areas, we have deep knowledge and skill to call on for advice about taxes, corporate transactions, mergers, and acquisitions.
The choice of law, venue, and dispute resolution procedure all may influence the outcome of a cross-border dispute. Clients turn to us for strategic advice when they enter new markets, so we can help them get the right contracts and contractual dispute resolution procedures in place to assure a fair proceeding if formal dispute resolution procedures must be invoked. We offer risk management advice, insurance advice, and risk audits to help clients identify and plan for pitfalls that may be lurking in their cross-border enterprises.
As disputes develop and mature, we help clients assess the strength of their positions early, so they can make informed decisions about whether to resolve the dispute or escalate it. We frequently assist clients in formulating their positions, writing letters, and preparing for important meetings, in real time, so they can stake out suitable, business-oriented positions in the early stages of a dispute. If a dispute escalates into arbitration or litigation, we can call upon a wealth of experience in selecting international arbitrators, mediators, or early evaluation neutrals; conducting international arbitration proceedings or assisting with court proceedings where arbitration is not prescribed; and obtaining enforcement of arbitral awards.
Our experience extends to a wide array of forums and rules, including the International Chamber of Commerce (ICC), International Center for Dispute Resolution (ICDR), London Court of International Arbitration (LCIA), Stockholm Chamber of Commerce, Hong Kong International Arbitration Centre (HKIAC), Singapore Arbitration Centre (SIAC), and China International Economic and Trade Arbitration Commission. Our clients are often surprised to see substantial differences between arbitration proceedings in the United States and arbitrations conducted under the rules adopted by these different international arbitral organizations. We have the experience to understand and appreciate these differences, and to assure that we help our clients prepare their case to increase the likelihood of a favorable outcome under whatever rules apply.
We are also familiar with unique legal compliance challenges associated with cross-border transactions, such as complying with the UK Bribery Act of 2010, U.S. Foreign Corrupt Practices Act of 1977, and a wide array of other laws aimed at curbing other abuses such as international slave trafficking. In addition to dealing with investigations or formal proceedings that may arise from these laws, we help our clients prepare compliance programs and then conduct audits to test whether their programs are performing as intended.
Much of our practice focuses on international construction projects, including U.S. government projects, international insurance disputes, and international energy projects (solar, hydroelectric, and fossil fuel projects). In these matters and others, we assist with a broad range of issues, including:
- General commercial disputes
- Construction contracts, including the 1999 “Rainbow Suite” of FIDIC contracts
- Concession and privatization agreements
- Industrial projects
- Process plants
- Infrastructure projects
- Embassies, consulates, and military bases
- Insurance and reinsurance arrangements
- Joint venture agreements and joint venture disputes
- Licensing and distribution agreements
- Intellectual property issues
- Complex financial transactions
