Please review whether this is a situation in which I should file international litigation.

Hello. I am a customs attorney at Daeryun Law LLC.

The situation you described is a type of dispute that frequently arises in international transactions, and you may have to file litigation in accordance with the jurisdiction and governing law clauses stated in the contract.

International litigation refers to litigation that proceeds where the parties or the case are related to different countries.

The procedure is complex because the legal system, judicial jurisdiction, language, and methods of collecting evidence differ from country to country.

If the contract specifies that a U.S. court has jurisdiction, in principle you must file the litigation with the U.S. court.

▶ International litigation procedure in U.S. courts

1. Filing the complaint

You file the complaint with the court having jurisdiction over the case and specify the content of the claim and the evidence.

2. Service and answer
The complaint is served on the other party, and the other party submits an answer within the set period.

International service is carried out in accordance with international rules such as charters·conventions.

3. Collection of evidence

In U.S. litigation, a broad evidence disclosure system (discovery) applies.

You organize relevant materials such as contracts, emails, and transaction records, and, if necessary, secure evidence in cooperation with attorneys and digital forensics experts.

4. Hearing and trial

After written review and submission of evidence, a court hearing is held.

5. Judgment and execution

Even after judgment, you must review whether execution is possible, and if it is to be enforced in Korea, a separate procedure is required.

As such, because international litigation involves a very large burden of time and cost, it is advisable to first attempt international arbitration or international dispute conciliation procedures before filing.

In particular, if the contract specifies arbitration or conciliation as the dispute resolution procedure, note that the litigation itself may be dismissed if you do not go through that procedure first.

At our firm, a U.S. attorney advising on U.S. law provides practical assistance in international litigation cases.

In particular, we can perform tasks ranging from establishing case strategy to contract analysis, organizing evidence, and supporting translation and the drafting of documents.

Because international litigation involves intertwined cross-border procedures and legal interpretation, a wrong initial response greatly increases time and cost.

It is safer to first review the possibility of resolution through a dispute conciliation procedure before filing litigation.

If you need legal assistance with international litigation and related procedures, you may request a consultation with Daeryun, where a foreign attorney advising on U.S. law (United States) and a Korean attorney with extensive experience in handling international litigation in Korea work together.