The Complex Commercial Litigation Law Review: Editors' Preface
Litigation is, on one analysis, all about telling stories to impartial decision makers. Complex commercial litigation means that those stories are more detailed, more involved and more intricate. That means that telling the best story, in the most effective fashion, requires an incredible amount of preparation, research and skill.
But telling the best story is only part of the battle: every good story requires a strong foundation.
That is the purpose of The Complex Commercial Litigation Law Review.
As the editor of previous editions has noted, the world is becoming increasingly small, and disputes increasingly cross national borders. That means that the stories we tell are increasingly multi-jurisdictional, and playing a proper role in litigation (which now often makes us venture into new and uncharted territory to serve our clients and other stakeholders properly) requires an understanding of the different approaches each jurisdiction takes to important issues.
Addressed in these pages are the components required to provide a strong foundation to allow us to enhance our understanding of the ways in which complex commercial litigation works in different jurisdictions. From contract formation and interpretation (contracts being at the heart of the overwhelming majority of complex commercial litigation) to explaining the dispute resolution process, the remedies that might be sought and the defences that might be presented in response, this volume details the different approaches taken around the world to the resolution of complex commercial disputes.
We are very fortunate to have had considerable assistance fulfilling the purpose of this edition of The Complex Commercial Litigation Law Review from colleagues around the globe who are leading practitioners in their various jurisdictions. They come from some of the most respected law firms, and we are privileged to have the benefit of their insight into the ways in which complex commercial litigation arises and is addressed, as well as recent developments, in the countries in which they practice.
Ultimately, whether you are a corporate counsel, a business executive, a private practitioner, a government official or simply an interested bystander, and whether you are facing litigation, arbitration, mediation or some other form of dispute resolution (or simply wanting to understand litigation risk), we hope this edition provides useful insight and guidance. If it makes your foundations stronger, and your stories more informed and more effective, then we will have achieved our objectives.
Finally, please remember Abraham Lincoln's wise words: 'Discourage litigation. Persuade your neighbours to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough.'
Litigation is not always the answer – but where it is unavoidable, we hope this edition provides assistance.
Oliver Browne, Ian Felstead and Mair Williams
Latham & Watkins