Our transnational litigation team is one of the leading practices in the United States and Canada in multi-jurisdictional disputes. We advise on the full range of international law issues, including jurisdictional and forum challenges. Our considerable experience and breadth in North America and around the world means that we are well positioned to determine global strategies for obtaining the best achievable results for our clients.
Broad and deep litigation experience
We regularly advise clients and appear in court on transnational, cross-border and jurisdictional matters. We also provide support and guidance to lawyers who are based abroad. Our team comprises lawyers from across North America well-versed in both civil and common law traditions—all of whom have experience in the customary and more complex issues raised in private international law. Our litigators have represented multinational corporations in many recent high-profile proceedings and leading precedential decisions. We are also leaders in international arbitration and, accordingly, are able to deftly advise on and coordinate multiple proceedings in different jurisdictions and forums.
Our transnational litigation experience across North America combined with our international platform provides our clients with seamless representation around the world. Our North American proficiency is enhanced by our disputes and litigation practices in the United Kingdom, Asia, Europe, the Middle East, Africa, Latin America and Australia. Our exceptional international breadth allows us to provide multi-jurisdictional representation to our clients in transnational litigation, including rapidly providing advice with respect to local laws and procedures across the globe.
Comprehensive and sophisticated approach
Our extensive experience and global reach means we provide our clients with comprehensive strategic advice and representation in anticipation of and during disputes, through legal proceedings and in post-judgment proceedings. We provide timely advice and representation on complex, high-profile and strategic litigation. Our experience has also provided us with a keen understanding of the sensitivity required when entrusted with matters that can affect a client’s reputation, including proceedings that may have human-rights, political or international-relations implications. At Norton Rose Fulbright, we put an emphasis on understanding your business and providing the strategy to help you achieve your business goals.
Our areas of work include:
- jurisdictional and forum challenges
- anti-suit injunctions
- enforcement and resistance of foreign judgments
- sovereign immunity
- jurisdictional abstentions based on comity
- extraterritorial jurisdiction
- pre-judgment remedies in support of foreign proceedings
- blocking and long-arm statutes
- choice of law / governing law
- enforcement and resistance of requests for international legal assistance (e.g., letters rogatory)
- service abroad of legal documents
Select client work:
- Claim in excess of US$1 billion—brought in Texas against UK energy companies regarding alleged environmental problems in North Sea natural-gas production—dismissed on the basis of comity of nations.
- Obtained dismissal for Russian state-owned companies of a C$300 million claim in Canada, after successfully opposing an attempt by the plaintiffs to obtain an order validating service abroad when the Russian Federation refused to effect service as an infringement of its sovereignty and security.
- Obtained dismissal of US class actions—in which our US client was alleged to have conspired with OPEC to raise crude oil prices and, in turn, the price of gasoline and other oil-based products in the US—pursuant to the act-of-state doctrine and the political-question doctrine.
- US court set aside default judgment against UK defendant, dismissed proceeding, and compelled arbitration in Canada of claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) over a dispute arising in Kazakhstan.
- Denial of US oil company’s motion seeking an anti-suit injunction from a US court to restrain our UK client from asking a Canadian court to enforce its own anti-suit injunction against the US company.