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Dispute Strategy

Advisory on complex disputes: position, strategy and settlement. We advise; we do not represent clients in court.

When a dispute arises, the first decisions often shape the outcome. We help you understand your position, weigh the options and choose a strategy that serves the business, not only the argument.

Our role is advisory. We do not represent clients before courts or arbitral tribunals. Where proceedings are needed, we coordinate with litigation counsel admitted in the relevant jurisdiction and remain your strategic advisor throughout.

What we advise on

  • Analysis of the legal position and the available evidence
  • Assessment of risks, costs and likely scenarios
  • Strategy: negotiation, settlement or formal proceedings
  • Preparation for negotiations and settlement discussions
  • Settlement agreements and their terms
  • Selection of and coordination with litigation counsel

Typical situations

  • A counterparty has stopped performing a contract
  • Shareholders or partners disagree on the future of a business
  • A claim has been received and a response is needed
  • A settlement offer needs an independent assessment

Our approach

A dispute is a business decision as much as a legal one.

  1. Assess the position

    We review the documents and facts and assess the strengths and weaknesses of each side.

  2. Define the strategy

    We set out the options, their risks and costs, and agree the preferred course.

  3. Negotiate and settle

    We prepare negotiation positions and settlement terms.

  4. Coordinate proceedings

    If proceedings are needed, we work with litigation counsel in the relevant jurisdiction.

What you receive

  • An assessment of the legal position
  • A dispute strategy with scenarios and risks
  • Negotiation positions and settlement terms
  • A brief for litigation counsel, where needed

Frequently asked questions

Do you represent clients in court or arbitration?

No. MSA&Co provides legal consultancy services only. Representation before courts and arbitral tribunals is carried out by litigation counsel admitted in the relevant jurisdiction, with whom we coordinate.

When should we involve you in a dispute?

As early as possible. Early analysis often keeps options for settlement open.

Can you work alongside our existing lawyers?

Yes. We can advise you on strategy while the litigation team handles the proceedings.

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Discuss your project

Tell us about the transaction, structure or dispute you are considering and the jurisdictions involved. We will suggest a suitable format of engagement and the next steps.