International Litigation / Conflict of Laws
In some cases, home field advantage isn’t just important, it’s determinative. Our lawyers have experience arguing and enforcing contractual forum, jurisdiction, and choice of law provisions, including motions for foum non conveniens. Don’t forget that any submission to a tribunal may be considered attornment: seek advice on conflicts of laws first, before your position becomes moot.
We have also been consulted by foreign counsel requiring expert opinion on Canadian law for application by their domestic Courts
Conventions – Public International Law
Our counsel have intimate knowledge and experience with the Hague and Hague-Visby Rules, the Hamburg and Rotterdam Rules, the Warsaw and Montreal Conventions, and a range of other multinational and international instruments that govern international trade relations.
Regulatory Defence / Appeal
A variety of governmental regulatory organizations, including Transport and Customs, have authority to issue binding orders and AMPs. Where these decisions are arbitrary, inconsistent, or incorrect, they should be appealed promptly and to the correct authority by counsel knowledgeable in the industry and the regulations.
Collections / Enforcement
We also understand that it is important not just to obtain judgment, but to obtain an enforceable judgment. We assist numerous foreign clients in both bringing claims and enforcing judgments against parties with assets or operations in Canada, and have access to an extended network of international transport lawyers to assist in enforcing Canadian judgements overseas.
Courts increasingly give effect to contractually selected arbitration clauses. Let Gavin Magrath assist you in achieving a negotiated solution to your international dispute without litigation.