International Trade Disputes

Cross-border trade disputes involve more moving parts than domestic ones: which law applies, where the claim can be brought, how the goods were shipped and paid for, and whether any judgment can actually be enforced against the counterparty.

Wise Counsel advises Vietnamese exporters and importers, foreign traders and financial institutions on disputes arising from international sale of goods, trade finance and trade remedy measures.

What we help with

• Disputes over international sale contracts, including CISG and Incoterms issues
• Non-conforming goods, rejection, and disputes over inspection certificates
• Letter of credit disputes, discrepant documents and bank refusal to pay
• Disputes over shipment, delivery terms and passing of risk
• Advising on governing law and jurisdiction clauses before a dispute arises
• Customs valuation, classification and origin disputes
• Anti-dumping, countervailing duty and safeguard investigations affecting Vietnamese exports
• Sanctions and export control issues affecting a transaction
• Coordinating proceedings and enforcement across multiple jurisdictions

In cross-border matters the winnable claim and the collectable claim are not always the same. We assess enforceability against the counterparty's assets before recommending a strategy.