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International Disputes
International disputes are disputes that arise between individuals or legal entities in transnational contexts and involve issues of jurisdiction and choice of applicable law. We offer all the necessary support and resources so that these disputes can be resolved through negotiation, mediation, conciliation and arbitration, both between individuals and between companies from different countries.
Private international law (DIP) is a branch of law that deals with such international disputes and regulates conflicts of laws between different legal systems.
Important aspects of international disputes involving private international law:
Nature of Disputes
International private law disputes often involve:
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International Commercial Contracts: Disputes over the interpretation and execution of contracts between parties located in different countries.
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Family and Succession: Issues of divorce, child custody, adoption and succession involving parties of different nationalities or residences.
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Intellectual Property: Copyright, patent and trademark infringements in multiple countries.
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Investments and Companies: Conflicts between foreign investors and States or between multinational companies and their local partners.
Fundamental principles
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Jurisdiction: Determines which court has jurisdiction to judge the case. Principles such as forum non conveniens can be applied to decide whether a court should refrain from hearing a case.
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Choice of Applicable Law: Establishes which legal system will be applied to the merits of the dispute. Conflict of laws rules are used to determine this.
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Recognition and Enforcement of Foreign Judgments: Rules that allow a judicial decision given in one country to be recognized and enforced in another country.
Dispute Resolution International
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Arbitration: Often used in international commercial disputes, where the parties agree to submit the dispute to an arbitration panel. Institutions such as the International Court of Arbitration of the International Chamber of Commerce (ICC) play an important role.
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Mediation and Conciliation: Alternative dispute resolution methods that may be preferred for their flexibility and less formality compared to arbitration and court litigation.
International disputes involving private international law are complex and require an in-depth understanding of the laws and practices of multiple jurisdictions, as well as a strategic approach to efficiently resolving disputes.