Commercial Litigation

Pablo Gonzalez Tapia features in the IR Global & ACC collaboration Publication “A Jurisdictional Guide of how to Manage Risk in Multinationals”

QUESTION ONE – When representing a client with significant business activities in foreign jurisdictions, what are some key risk-related concerns that arise in a cross-border context and how can a parent company minimise such risk? Usually, the most imminent risk-related concerns for a company dealing in foreign jurisdictions have to do with: a) the unfamiliarity […]

Pablo González TapiaFounding Partner, GONZÁLEZ TAPIA ABOGADOS

John Wolfs features in the IR Global & ACC collaboration Publication “A Jurisdictional Guide of how to Manage Risk in Multinationals”

QUESTION ONE – When representing a client with significant business activities in foreign jurisdictions, what are some key risk-related concerns that arise in a cross-border context and how can a parent company minimise such risk? When advising such a client, we carry out a legal risk analysis and base our approach on the results thereof. […]

John WolfsManaging Director, Wolfs Advocaten

COVID-19 and the Doctrine of Frustration in Hong Kong

In our recent article we discussed the legal ramifications of the force majeure clauses to “excuse” parties from performing onerous or impossible contracts in the wake of the COVID-19 outbreak.  Whilst it is not uncommon for commercial contracts to incorporate force majeure clauses, there remain circumstances under which a party may also consider to seek to relieve themselves from performing under […]

Nick GallSenior Partner, Gall Solicitors

Popescu & Asociatii introduces new member profile to the IR Global network.

IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Dana Bivol of Popescu & Asociatii. Dana has joined fellow IR Global member, Octavia Popescu, as our exclusive Commercial Litigation member in Romania.  Dana Bivol is a highly recognized litigation lawyer with over 10 years of experience, focusing on commercial and administrative […]

Mercedes Clavell & Roger Canals both feature in the IR Global & ACC collaboration Publication “A Jurisdictional Guide of how to Manage Risk in Multinationals”

QUESTION ONE – When representing a client with significant business activities in foreign jurisdictions, what are some key risk-related concerns that arise in a cross-border context and how can a parent company minimise such risk? When any company is planning to invest abroad, risks to be taken into consideration vary depending on the scheme chosen: […]

Mercedes ClavellOf Counsel, Arco Abogados

What is our best practice approach when advising General Counsel, to ensure dispute resolution clauses are to their real advantage and do not obstruct enforcement proceedings?

One of our top clients is a multinational Dutch entertainment group which organises concerts all over the world and licenses music and concert footage to TV stations all over the world. When advising clients, regarding concert-related performance agreements and TV license deals, we first check whether or not the activities are taking place in the […]

John WolfsManaging Director, Wolfs Advocaten

Dina Assar features in the IR Global & ACC collaboration Publication “A Jurisdictional Guide of how to Manage Risk in Multinationals”

QUESTION ONE – When representing a client with significant business activities in foreign jurisdictions, what are some key risk-related concerns that arise in a cross-border context and how can a parent company minimise such risk? The UAE is one of the most active international business hubs in the region, so we come across many multinational […]

Peter Gray, ADG Legal

Are there any particular rules around funding litigation in our jurisdiction that General Counsel should be aware of?

Funding litigation does not have a wide-spread acceptance in the Netherlands, unlike many Anglo-Saxon jurisdictions. Therefore, although it is allowed, there are at the moment no specific legal requirements around funding litigation when it comes to the position of a company. Nevertheless, there is certainly a trend visible that shows that popularity is on the […]

John WolfsManaging Director, Wolfs Advocaten

What techniques are typically used by international counter-parties in our experience when attempting to gain the initiative during a dispute?

The most striking example of gaining a head start from the outset is the requirement to contract to the other party’s national law and to leave dispute resolution exclusively to the national court of the country of residence of the other party. By acting accordingly, the opposing party also immediately raises a blockade for direct […]

John WolfsManaging Director, Wolfs Advocaten

What constitutes the right balance between risk and liability for a company and its overseas subsidiary? What examples can we give?

In striking a healthy balance between risks and liabilities, it is important to understand that risks and liability can never be fully excluded. It is therefore counterproductive to go to extreme lengths trying to do so. Establishing an iron grip on the subsidiary in order to minimise all risks and liability should never be an […]

John WolfsManaging Director, Wolfs Advocaten

What degree of control should a parent company have over its overseas subsidiaries? How does the degree of control impact the risk exposure level, and how can control issues be managed to minimise liability?

In general, we see that parent companies tend to need to maintain a high level of control over subsidiaries in terms of risk exposure. This is understandable since it is advisable for any parent company to ascertain aspects of the operations of its subsidiaries. However, in our experience, having a high degree of control does […]

John WolfsManaging Director, Wolfs Advocaten