Dispute Resolution

Commercial Litigation

LawLex represents claimants and defendants in commercial and civil disputes in England and Wales.

Commercial disputes can arise from contracts, business relationships, investments, transactions and the conduct of companies, directors, shareholders or other commercial parties. They may involve substantial financial interests and, increasingly, an international dimension.

We advise on matters including:

• contractual and commercial disputes;
• shareholder and corporate disputes;
• claims involving breach of contract;
• debt and payment disputes;
• disputes arising from commercial transactions;
• fraud and misrepresentation claims;
• asset and enforcement-related disputes;
• jurisdiction and applicable law issues;
• interim applications and urgent remedies; and
• recognition and enforcement of judgments.

Our involvement may begin before proceedings are issued or after a client has received a claim. Early advice can be important, particularly where limitation periods, jurisdiction, preservation of evidence or assets may become relevant.

International and Cross-Border Disputes

International disputes often raise issues beyond the underlying merits of the claim. The parties may be located in different countries, contracts may contain competing jurisdiction or arbitration provisions, and relevant assets or evidence may be situated abroad.

Our dispute resolution practice has particular experience in matters with an international dimension.

We advise on questions including jurisdiction, governing law, service outside the jurisdiction, forum disputes and the recognition and enforcement of judgments and arbitral awards.

Where proceedings involve another jurisdiction, we can work with appropriately qualified local lawyers, barristers, experts and other professional advisers as required. This allows the strategy in England and Wales to be considered alongside proceedings or legal issues arising elsewhere.

International Arbitration

LawLex advises and represents clients in international commercial arbitration and related court proceedings.

Arbitration can provide an effective mechanism for resolving international commercial disputes, particularly where parties require a neutral forum or may ultimately need to enforce an award against assets located in another jurisdiction.

Our work includes disputes conducted under institutional arbitration rules and ad hoc arrangements, including experience of LCIA and LMAA arbitration.

We advise at different stages of the arbitration process, including:

• interpretation and application of arbitration agreements;
• pre-arbitration strategy;
• commencement and defence of arbitration proceedings;
• jurisdictional issues;
• interim and procedural applications;
• preparation of evidence;
• coordination with counsel and expert witnesses;
• settlement negotiations; and
• recognition and enforcement of arbitral awards.

Our objective is to understand both the legal merits and the commercial purpose behind the dispute before determining how it should be pursued.

Jurisdiction Disputes

Jurisdiction can determine not simply where a dispute is heard, but how effectively a claim can ultimately be pursued or defended.

LawLex advises on jurisdictional questions arising in international commercial disputes, including challenges concerning whether proceedings should be brought or continued before the courts of England and Wales.

These cases can involve questions concerning contractual jurisdiction clauses, arbitration agreements, service outside the jurisdiction, applicable law and the appropriate forum for determination of the dispute.

Where jurisdiction is contested, we consider the issue as part of the wider litigation strategy, including the location of the parties, witnesses, evidence and assets and the potential for parallel or related proceedings abroad.

Interim Remedies and Urgent Applications

Some disputes require action before the underlying claim can be finally determined.

Depending on the circumstances, a party may need to preserve its position, protect assets, obtain information or respond urgently to an application made by an opponent.

We advise clients on interim and procedural applications arising during commercial litigation and arbitration and work with specialist counsel where appropriate.

The appropriate remedy depends heavily on the facts of the particular case. We therefore assess both the legal basis for an application and its strategic and commercial consequences before recommending a course of action.

Negotiation, Mediation and Settlement

Litigation is not always the most commercially effective way to resolve a dispute.

A negotiated resolution may preserve a valuable commercial relationship, reduce costs and provide an outcome that a court or tribunal could not order. Equally, premature settlement can weaken a party’s position where the underlying claim has not first been properly assessed.

We therefore consider settlement as part of the overall dispute strategy.

LawLex assists clients with direct negotiations, mediation and other forms of alternative dispute resolution. Where settlement discussions take place alongside litigation or arbitration, we consider how those discussions interact with the client’s wider procedural and commercial position.

Enforcement of Judgments and Arbitral Awards

Obtaining a judgment or arbitral award may only be part of the process. The practical question is often whether and where it can be enforced.

This becomes particularly important in international disputes where the opposing party or its assets may be located outside England and Wales.

LawLex advises on the recognition and enforcement of judgments and arbitral awards and, where necessary, coordinates with lawyers in relevant foreign jurisdictions.

Where enforcement is likely to be important, we consider it at an early stage rather than waiting until the underlying proceedings have concluded.

Investigations and Regulatory Issues

Commercial disputes can sometimes arise alongside allegations of misconduct, fraud, regulatory breaches or other issues requiring investigation.

Where appropriate to the particular matter, we assist clients in assessing relevant evidence, responding to allegations and coordinating the dispute strategy with other legal or regulatory considerations.

Where specialist advice outside our own scope of practice is required, we work with appropriately qualified counsel and other professional advisers.

A Strategic Approach to Disputes

No two commercial disputes are identical. A claim that appears straightforward may involve difficult questions of jurisdiction, evidence, enforcement or commercial risk.

Our starting point is therefore to identify what the client ultimately needs to achieve.

We consider the merits of the claim or defence, the likely costs and procedural demands, the opponent’s position, available assets, enforcement prospects and opportunities for an early commercial resolution.

This allows us to develop a strategy directed towards the client’s objectives rather than pursuing proceedings simply for their own sake.

Speak to Our Dispute Resolution Lawyers

If you are considering bringing a claim, have received proceedings or are involved in an international commercial dispute, early legal advice can help identify the available options and protect your position.

LawLex Solicitors advises clients on commercial litigation, international arbitration and cross-border disputes from London.

Contact our Dispute Resolution team to discuss your matter.