Cross-Border High Anxiety? Offensive and Defensive Strategies in Transnational Litigation: Offensive Strategies
The Globetrotter, Ontario Bar Association-International Law Section Newsletter, Vol. 11, No. 2, pp. 6-11, March 2007
6 Pages Posted: 12 Apr 2007
This is a summary from a presentation made at the Ontario Bar Association Annual Institute held on February 5th, 2007 entitled Cross-border High Anxiety? Offensive and Defensive Strategies in Transnational Litigation. It provides an overview of offensive cross-border litigation strategies from a Canadian perspective, summarized by the Five C's: Coordination, Connection, Contradiction, Confirmation and Collection. Jurisdiction, choice of forum and law, and the potential for fast-moving assets, are threshold issues. Maintaining strong lines of communication with instructing foreign counsel; establishing a sound transnational litigation strategy; and anticipating potential substantive defences and defensive strategies (including parallel proceedings, anti-suit injunctions) will pay significant dividends to litigants seeking recognition and enforcement of foreign judgments in Canada.
Keywords: recognition, enforcement, foreign judgments, jurisdiction, transnational litigation, advocacy, offensive strategies, private international law, conflict of laws
JEL Classification: K1, K10, K33, K41
Suggested Citation: Suggested Citation