"Cross-border High Anxiety? Offensive and Defensive Strategies in Transnational Litigation: Offensive Strategies"

Antonin I. Pribetic, Steinberg Morton Hope & Israel LLP

Abstract

This is a summary from a presentation made at the Ontario Bar Association Annual Institute held on February 5th, 2007 entitled "Cross-border High Anxiety? Offensive and Defensive Strategies in Transnational Litigation". It provides an overview of offensive cross-border litigation strategies from a Canadian perspective, summarized by the "Five C's": Coordination, Connection, Contradiction, Confirmation and Collection. Jurisdiction, choice of forum and law, and the potential for fast-moving assets, are threshold issues. Maintaining strong lines of communication with instructing foreign counsel; establishing a sound transnational litigation strategy; and anticipating potential substantive defences and defensive strategies (including parallel proceedings, anti-suit injunctions) will pay significant dividends to litigants seeking recognition and enforcement of foreign judgments in Canada.