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Cross-Border Litigation & Corporate Disputes

Litigation Strategy Built Around Where the Result Can Actually Be Enforced

Averites represents companies, shareholders, investors, financial institutions and private clients in complex commercial litigation involving multiple jurisdictions.

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OUR APPROACH

How We Advise on Cross-Border Litigation and Corporate Disputes

  1. The Range of Disputes We Handle

    Our work includes disputes concerning corporate ownership and control, shareholder and founder relationships, joint ventures, mergers and acquisitions, financing and investment agreements, breaches of fiduciary and corporate duties, commercial contracts, fraud, technology, international trade and other cross-border business relationships.

  2. Why Cross-Border Litigation Requires More Than One Court

    Cross-border litigation requires more than litigating the merits in one court. Questions of jurisdiction, forum, governing law, service, evidence, parallel proceedings, interim relief, recognition and enforcement may determine whether the litigation ultimately produces a meaningful result.

  3. Analyzing the Dispute as a Whole From the Outset

    We therefore begin by analyzing the dispute as a whole. We assess the merits and defenses, jurisdiction, applicable law, limitation periods, evidentiary position, damages, counterparty solvency, asset location, available interim remedies and enforcement prospects before developing the litigation strategy.

  4. Forum Selection and Coordinating Parallel Proceedings

    Where proceedings may be brought in more than one jurisdiction, we advise on forum selection, jurisdictional challenges, stays, anti-suit issues and coordination of parallel litigation or arbitration. We work with local counsel where necessary while maintaining a single strategic direction across the proceedings.

  5. Corporate and Deal-Related Disputes

    Our transactional experience is particularly valuable in corporate and deal-related disputes. We represent clients in disputes involving share purchase agreements, representations and warranties, indemnities, earn-outs, deferred consideration, purchase price adjustments, options, shareholder agreements, investment documents, board and voting rights, transfer restrictions and other negotiated corporate arrangements.

  6. Understanding the Commercial Architecture of the Original Deal

    These cases often turn on the commercial architecture of the original transaction. Our Corporate & M&A and Dispute Resolution lawyers work together to understand not only the disputed contractual language but the allocation of ownership, control and risk that the parties intended to create.

  7. Shareholder and Governance Disputes

    We also represent shareholders, founders, investors and companies in disputes concerning corporate authority, dilution, information rights, board composition, fiduciary duties, related-party transactions, exclusion from management and transfers of ownership.

  8. Interim Injunctions and Conservatory Measures

    Urgent court intervention may be necessary before the underlying dispute can be determined. Averites advises on interim injunctions and conservatory measures designed to preserve assets, evidence, contractual rights or corporate control. We act in applications relating to transfers of shares or property, the disposition of assets, the enforcement of disputed rights, the preservation of evidence, and other circumstances where delay could materially prejudice the client’s position.

  9. Judicial Measures in Support of Arbitration

    We also advise on judicial measures in support of arbitration, coordinating the court and arbitral proceedings to avoid inconsistent positions or unnecessary jurisdictional conflict.

  10. Settlement and Negotiated Resolutions

    Not every dispute should proceed to final judgment. We advise on settlement strategy, mediation, without-prejudice negotiations, structured settlements, shareholder exits and other negotiated resolutions. We use the procedural and evidentiary position developed in the proceedings to improve the client’s negotiating leverage while remaining focused on the underlying commercial objective.

  11. Structuring Settlements to Prevent Future Disputes

    Where settlement is reached, we structure payment obligations, releases, confidentiality, security, default provisions and enforcement mechanisms so that the resolution itself does not become the source of a new dispute.

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Precision across borders. Book a Meeting

New York c/o Chornous Law PLLC
30 Wall Street, 8 Floor
New York, NY 10005 Phone: +1 650 382 7764
London 124 City Road
London, England
EC1V 2NX Phone: +44 7405 138109
Kyiv 11 Panasa Myrnoho Street
Office 1/1
Kyiv, 01011 Phone: +380 63 148 27 37

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FAQ

Frequently Asked Questions

  • Our work includes disputes concerning corporate ownership and control, shareholder and founder relationships, joint ventures, mergers and acquisitions, financing and investment agreements, breaches of fiduciary and corporate duties, commercial contracts, fraud, technology, international trade and other cross-border business relationships.

    • Not necessarily. Cross-border litigation requires more than litigating the merits in one court — questions of jurisdiction, forum, governing law, service, evidence, parallel proceedings, interim relief, recognition and enforcement may determine whether the litigation ultimately produces a meaningful result.

      • We assess the merits and defenses, jurisdiction, applicable law, limitation periods, evidentiary position, damages, counterparty solvency, asset location, available interim remedies and enforcement prospects before developing the litigation strategy.

        • We advise on forum selection, jurisdictional challenges, stays, anti-suit issues and coordination of parallel litigation or arbitration, working with local counsel where necessary while maintaining a single strategic direction.

          • Yes, and our transactional experience is particularly valuable here. We represent clients in disputes involving share purchase agreements, representations and warranties, indemnities, earn-outs, deferred consideration, purchase price adjustments, options, shareholder agreements, investment documents, board and voting rights, transfer restrictions and other negotiated corporate arrangements.

            • Yes. We represent shareholders, founders, investors and companies in disputes concerning corporate authority, dilution, information rights, board composition, fiduciary duties, related-party transactions, exclusion from management and transfers of ownership.

              • Yes. Averites advises on interim injunctions and conservatory measures designed to preserve assets, evidence, contractual rights or corporate control, particularly where delay could materially prejudice the client’s position.

                • Yes. We advise on judicial measures in support of arbitration, coordinating the court and arbitral proceedings to avoid inconsistent positions or unnecessary jurisdictional conflict.

                  • No. We advise on settlement strategy, mediation, without-prejudice negotiations, structured settlements, shareholder exits and other negotiated resolutions, using the procedural position developed in the proceedings to improve the client’s negotiating leverage.

                    • Yes. We structure payment obligations, releases, confidentiality, security, default provisions and enforcement mechanisms so that the resolution itself does not become the source of a new dispute.