Trade Disputes: Resolving Conflicts in International Commerce

Most trade disputes do not begin in a courtroom. They begin at the port of entry or within an administrative agency during a routine audit. When the government’s interpretation of a regulation differs from an importer’s declaration, a dispute is born. SJKP LLP manages these conflicts at their source, preventing administrative inquiries from escalating into terminal enforcement actions.

Trade disputes are categorized by the parties involved. Public disputes occur between sovereign states (often at the WTO level), while private disputes involve conflicts between businesses or between a business and a government authority (CBP, BIS, or DOC). SJKP LLP focuses on the latter, providing a clinical defense for private entities navigating the complex machinery of trade litigation.

The majority of trade-related conflicts are initially resolved within agencies through protests and administrative reviews. SJKP LLP manages these proceedings by securing the evidentiary record early, ensuring that your position is optimized for any subsequent judicial review.

When administrative remedies are exhausted, disputes move to specialized courts: such as the U.S. Court of International Trade (CIT): or to trade arbitration bodies like the ICC or LCIA. We analyze forum selection clauses to ensure that your case is heard in a jurisdiction that respects the technical realities of international commerce.

Disputes are frequently triggered by "valuation anomalies" or "classification shifts" detected by automated government systems. Additionally, the sudden imposition of retaliatory tariffs or the addition of a supplier to a restricted party list can turn a routine transaction into a high-conflict regulatory investigation.

An investigation typically begins with a Request for Information (such as CBP Form 28). If the data provided is inconsistent with the government’s expectations, the authority may issue a "Notice of Action," leading to a formal dispute over duties, penalties, or the admissibility of goods. SJKP LLP treats these initial requests as litigation events, neutralizing the risk before it escalates.

Yes. It is common for a private contractual dispute (e.g., a supplier failing to provide a valid Certificate of Origin) to trigger a government enforcement action (e.g., a customs audit). SJKP LLP manages these multi-layered conflicts simultaneously, ensuring that your defense in the commercial arena does not create vulnerability in the regulatory arena.

Arbitration provides a private, expert-led alternative to public litigation. It is the preferred method for resolving international commercial litigation involving contract performance. SJKP LLP utilizes arbitration to secure binding awards that are enforceable globally under the New York Convention, shielding your business from the uncertainties of foreign state courts.

Forum selection is dictated by the "center of gravity" of the dispute. Factors include the location of the evidence, the governing law of the contract, and the procedural advantages offered by specific jurisdictions (such as the availability of vessel arrest). We engineer a jurisdictional strategy that places your case in the forum most likely to deliver a clinical, data-driven outcome.