Where do you litigate if the counterparty is in another country?

The contract is checked first: a jurisdiction or arbitration clause often determines the forum. Without one, jurisdiction is assessed under the rules of procedural law, taking into account where the defendant and its property are. The key practical question is whether the judgment can be enforced where the debtor holds assets.

Can a Russian judgment be enforced abroad?

It depends on the country of enforcement: its treaties, its domestic law and its court practice. In some states the judgment may be recognised and enforced; in others a new proceeding will be needed. The country of enforcement should therefore be considered before the court is chosen.

What if there is a risk of assets being moved?

Act quickly: preserve evidence, establish where the property is, and assess whether interim measures are available in Russia or in the country where the assets are located. Their prospects depend on the evidence and the rules of the particular jurisdiction.

Practice area

Economic and property disputes

Disputes over money, assets, transactions, shareholdings and business when the parties, the property or the documents are in different countries: choice of jurisdiction, evidence, interim measures and enforcement where the assets are.

First: where will the judgment be enforced

In a cross-border dispute, winning is not enough: the judgment has to be enforceable where the debtor holds assets. Strategy therefore starts with where the assets are, what jurisdiction or arbitration clause the contract contains, and whether a judgment of the chosen court is recognised in the country of enforcement.

Protecting against asset stripping

If there is a risk that property will be moved or re-registered, evidence should be gathered early and interim measures assessed — in Russia or in the country where the assets are. Their availability and conditions depend on the law of the particular jurisdiction.

When this applies

The counterparty or debtor is abroad

Assets, accounts or shareholdings are in different countries

A contract dispute with a foreign company or individual

A debt must be recovered or a judgment enforced abroad

There are signs of fraud or asset stripping

What the lawyer does

Determines where the dispute can and should be pursued

Reviews the contract's jurisdiction and arbitration clauses

Assesses where the judgment can be enforced

Prepares claims, statements of claim and the evidentiary position

Coordinates with lawyers in other countries

What to have ready

Contracts, invoices and business correspondence

Records of payments and movement of funds

Information on companies, shareholdings and property

Court and arbitral decisions, if any

Where it usually goes wrong

A judgment that cannot be enforced where the assets are

Assets moved or concealed before the dispute starts

Missed limitation periods

Parallel proceedings in different countries

FAQ

Questions and answers

Where do you litigate if the counterparty is in another country?: The contract is checked first: a jurisdiction or arbitration clause often determines the forum. Without one, jurisdiction is assessed under the rules of procedural law, taking into account where the defendant and its property are. The key practical question is whether the judgment can be enforced where the debtor holds assets.
Can a Russian judgment be enforced abroad?: It depends on the country of enforcement: its treaties, its domestic law and its court practice. In some states the judgment may be recognised and enforced; in others a new proceeding will be needed. The country of enforcement should therefore be considered before the court is chosen.
What if there is a risk of assets being moved?: Act quickly: preserve evidence, establish where the property is, and assess whether interim measures are available in Russia or in the country where the assets are located. Their prospects depend on the evidence and the rules of the particular jurisdiction.

Consultation

Discuss your situation

Briefly describe the situation, the countries involved and any deadlines. The fee and format are agreed before the consultation.

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