International Trade Law

U.S. Court of International Trade

The Customs Court Act of 1980, created what is now called the Court of International Trade, a federal court with original jurisdiction over all matters concerning customs and international trade.

When clients engaged in international trade, have a protest against a Customs decision refused, it is to the justices of the CIT that the client must go to find relief. The rules of court and the law, afford Customs certain favorable presumptions to bolster the veracity of their administrative decisions. In order to rebut these presumptions and proffer a compelling case to the court, expert knowledge of the law and procedures of the court are required.

We at the Whittier Law Firm have the necessary expertise to effectively present the client's case before the CIT and challenge the assertions of the Justice Department lawyers representing the government. Whether the conflict concerns classification and valuation, forfeiture, seizure, tariffs, quotas or other penalty related matters, the WLF will file, prosecute and if necessary appeal the client's case to the highest courts, in pursuit of justice.

At the start of the transaction, the WLF staff can counsel the client as to the best choice of law clause (and other terms) given the client's circumstances, and whether arbitration or court litigation would be the proper forum in case of dispute. If the contract has already been entered into without benefit of legal counsel, the WLF can anticipate and warn the client of potential pitfalls of liability and how to avoid them.

Where litigation is unavoidable, our clients can rely on expert representation before the courts or any international tribunal charged with the case. Whether in the U.S. federal circuit courts, appeals courts, British court system or European Court of Justice, the WLF will provide vigorous and thorough representation on the client's behalf in the pursuit of all claims.

Determination of Applicable Laws

In this age of globalization and transnational transactions, it is often the case that the rights and duties arising under a particular contract cross national borders and are governed by foreign laws. In case of contract dispute, the question arises as to which countries' laws shall govern? To answer this and related questions, the Whittier Law Firm employs a staff of attorneys admitted to practice in various jurisdictions throughout the world. Our attorneys, each possessing decades of experience, provide our clients with critical advice throughout the transaction process.

At the start of the transaction, the WLF staff can counsel the client as to the best choice of law clause (and other terms) given the client's circumstances, and whether arbitration or court litigation would be the proper forum in case of dispute. If the contract has already been entered into without benefit of legal counsel, the WLF can anticipate and warn the client of potential pitfalls of liability and how to avoid them.

Where litigation is unavoidable, our clients can rely on expert representation before the courts or any international tribunal charged with the case. Whether in the U.S. federal circuit courts, appeals courts, British court system or European Court of Justice, the WLF will provide vigorous and thorough representation on the client's behalf in the pursuit of all claims.

International Dispute Resolution

The Whittier Law Firm has represented clients in transnational disputes in courts and administrative bodies throughout the world. We offer clients a unique combination of lawyers trained in the United States as well as Europe, Asia, Africa and Latin America skilled in dispute resolution and fluent in the language, law and practice in these key locations around the world. The WLF is also able to coordinate the litigation strategy and efforts of local counsel worldwide toward the specific goals that the client sets for legal redress.

We consistently represent domestic and foreign clients in complex international disputes, whether adjudicated in the courts or by way of arbitration. The attorneys we employ are expert with the treaties, statutes and rules governing international litigation, including the Foreign Sovereign Immunities Act, the UNIDROIT and UNCITRAL conventions, the Hague Service Convention, WTO rules, LCIA, ICC and AAA arbitration rules; as well as procedures for obtaining international judicial assistance in civil matters. Our client services include obtaining emergency relief such as temporary restraining orders or injunctions when the situation is time sensitive and enforcing arbitral awards or court orders in the originating jurisdiction or in an outside jurisdiction where the adverse party may have placed assets.
n short, the WLF handles a broad range of complex commercial disputes, including matters involving foreign states and state-owned companies, international trade, international construction projects, energy, EU and antitrust, insurance and reinsurance, intellectual property and technology, sports and entertainment law, restructuring and insolvency, as well as domestic and foreign securities.