Cross Border Litigation - 5 Key Issues Explored

Introduction

Cross-border disputes are becoming increasingly common and complex, driven by factors like globalisation, evolving technologies, and international trade agreements.

English courts continue to apply a demanding standard for establishing jurisdiction, requiring claimants to demonstrate a good arguable case and a serious issue to be tried. Even if these hurdles are cleared, English courts may decline jurisdiction if another forum is clearly more appropriate under the principle of ‘forum non conveniens’.

This webinar will provide a comprehensive overview of five key issues in cross-border litigation. It will explore the post-Brexit landscape for jurisdiction and enforcement, including the Hague Judgments Convention 2019 which recently entered into force as well as the multi-jurisdictional issues introduced by the increased integration of technologies like AI and cryptocurrency.

For lawyers, staying abreast of the latest developments in cross-border litigation is crucial for effectively representing clients and mitigating risks.

What You Will Learn

This webinar will cover the following:

• Jurisdiction and forum selection
• Determining the appropriate jurisdiction and court
• Forum shopping and anti-suit injunctions
• Rise of international commercial courts (e.g. DIFC, Singapore, Netherlands)
• Disclosure and evidence challenges
• Section 1782 applications in U.S courts for foreign proceedings
• Cross-border e-disclosure and coordination across jurisdictions
• Data privacy conflicts (e.g. GDPR vs U.S. discovery rules)
• Enforcement of Judgments and awards
• Recognition and enforcement under treaties (e.g. Hague Judgments Convention)
• Public policy exceptions and sovereign immunity
• Practical hurdles in asset tracing and enforcement abroad
• Sanctions and their impact on cross-border payments and contracts
• Different sanctions regimes: UK Sanctions and Anti-Money Laundering Act 2018; EU Common Foreign and Security Policy (CFSP) framework
• Practical impact of sanctions on contractual performance
• Emerging risks: Data, AI and supply chain disputes
• Cross-border data transfers and privacy breaches
• Rise in mass claims and regulatory scrutiny
• IP, contract and consumer protection issues

This pre-recorded webinar will be available to view from Friday 16th January 2026

Alternatively, you can gain access to this webinar and 1,900+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.