ABSTRACT

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Swot Analysis for Cross-border Litigation

Author: Luc DEMEYERE

Type: Article

ref: 42005449-476

N0:4 of 2005

Pages: 449-476

As soon as a dispute implies an international element, a number of unknown parameters compared to those involved in strictly national litigation, enter the scene. One should not only be aware thereof well in advance before a conflict arises, it is even more imperative to anticipate the threats these parameters could involve.

Not only legal considerations or considerations relating to judicial strategy may influence the outcome of a dispute, other psychological, cultural and managerial tests may have equal or even more importance.

This article presents a check list of questions which may assist in developing a strategy for approaching a cross-border conflict.

It needs no explanation that cross border conflicts should not necessarily be submitted to the national courts of a particular jurisdiction. Other tracks, such as negotiation, arbitration or mediation, both present their opportunities and threats.

To the extent a party will succeed in reducing the number of predictable surprises, it will be in a position to invest its resources in initiatives presenting a chance of proving more successful.