If the only tool you have is a hammer, then every problem looks like a nail. In today’s legal climate there is a strong trend to rely on litigation to resolve disputes. This approach arguably may be a good one, but it does not come without risks. In an ideal world the law would be respected and the justice system would correct any violation of the legal precepts. Unfortunately, we live in a world that is mostly driven by cost and law is no exception. Pursuing a claim when the cost outweighs the benefit is a futile exercise in the business context.

It is important to remember that a judgment is just that. The ability to enforce it and at what cost is what determines if it is worth pursuing. Issues such as conflict of laws, extraterritorial discovery, judgment enforcement and asset tracing are among other major considerations. It would be a major waste of time and resources to obtain a judgment that simply cannot be enforced due to comity and issues of recognition of foreign judgments.

This is especially true for cross-border litigation where the costs can quickly rack up and dilute any potential benefit. KB Strategies can objectively assess the opportunities in these contexts and advise on strategies that would best resolve international disputes.