Cross-border business problems
International work often combines an ordinary commercial problem with additional questions about language, distance, governing law, forum, currency, shipping, customs, and enforcement. The firm begins by identifying the business objective and the jurisdictions, contracts, and counterparties that shape the available options.
Scope of the practice
- Cross-border contracts - supply, distribution, services, and commercial agreements involving parties in different jurisdictions.
- Trade-informed provisions - contractual allocation of shipping, tariff, delivery, payment, currency, and compliance risks.
- Selected disputes - contract and business disputes involving international counterparties, accepted after review of jurisdiction, collectability, and litigation economics.
- Customs and specialized trade issues - evaluated at intake and handled with experienced co-counsel or referred when the matter requires specialized depth.
Contracts designed for cross-border performance
A domestic form agreement may not address the risks that determine whether an international transaction succeeds. Depending on the transaction, the analysis may include:
- Delivery and risk of loss - responsibility for transportation, insurance, transfer of risk, customs clearance, and delivery documentation.
- Payment mechanics - currency, timing, deposits, documentary conditions, chargebacks, security, and consequences of delayed payment.
- Quality and acceptance - specifications, inspection rights, rejection procedures, replacement obligations, warranties, and evidence of nonconformity.
- Dispute planning - governing law, courts, arbitration, notice, language, interim relief, and enforceability against the counterparty and its assets.
- Change and disruption - tariffs, sanctions, export controls, force majeure, supply interruption, and contractual procedures for changed costs.
Disputes with foreign counterparties
Before a demand or lawsuit, the firm evaluates where a claim can be brought, whether the counterparty can be served, which law applies, where assets may be found, and whether a judgment or award is likely to be enforceable. A legally available lawsuit may still be commercially irrational if the cost of proof and collection exceeds the realistic recovery.
Selected matters may involve nonpayment, defective or nonconforming goods, missed delivery obligations, distributor termination, ownership of work product, misuse of confidential information, or breach of negotiated exclusivity and territory provisions.
U.S. Court of International Trade
The U.S. Court of International Trade is an Article III federal court with nationwide jurisdiction over specified customs and international-trade disputes. Its work includes review of denied customs protests, tariff classification and valuation disputes, exclusions, penalty matters, and challenges involving antidumping or countervailing duties. The firm is admitted to the Court of International Trade and the Federal Circuit, which hears appeals from that court, and evaluates selected matters with specialized co-counsel where appropriate.
Working with specialized co-counsel
Customs, sanctions, export-control, foreign-law, tax, and regulatory questions may require counsel with subject-matter or foreign-jurisdiction experience. When appropriate, Daftari Law can identify the issue, coordinate the legal work, and explain the respective roles before the client agrees to an expanded team.
What to bring to the consultation
- The signed agreement, amendments, purchase orders, specifications, and incorporated terms.
- A timeline of performance, delivery, payment, and communications.
- Invoices, shipping documents, inspection reports, customs documents, and proof of payment.
- Information about the counterparty's legal name, location, known assets, and contracting entity.
- The business result sought and any deadline, shipment, payment, or proceeding already pending.
Fee structure, disclosed
International matters are priced after review. Contract work may be flat-fee or hourly when the scope can be defined. Disputes are ordinarily hourly and may require an advance greater than the firm's standard litigation minimum.