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Litigation
Services

“Managing the Dispute.
Managing the Lawyers.
Managing the Experts.
Managing the Client...”
— Sasha Bharwani

Cross-border disputes are expensive. We close the issues, manage
the lawyers and experts, coordinate schedules, deliver value.

Disputes are often described as the result of bad actors or unexpected circumstances. That is one view. Another is that disputes arise when interests cease to align, circumstances expose the misalignment, and parties retreat from their contractual commitments.

Where interests are truly opposed, there may be no option but to fight. But we do not categorise disputes that way too quickly. If there is a viable third-country solution, a negotiated exit, or a restructuring path, we will explore it - even while preparing to fight.

Our role is to place legal action within a wider strategy: game theory, leverage, recovery, cost, enforcement, and commercial outcome. Winning one case does not necessarily win the war. Bringing a counterparty to the table may require multiple wins, in multiple proceedings, across multiple jurisdictions.

We help clients map the terrain, coordinate the campaign, and keep resources focused on the outcome. Less battlefield general than exceptional quartermaster.

Eliot & Luther bridges this gap through a multidisciplinary approach, combining legal expertise with financial analysis and technical insight — enabling clients to navigate complex disputes with strategies that are commercially grounded, technically informed, and legally robust.

Integrated Advice

Finance

Transforms financial exposure into quantified recovery strategies.

  • Model recovery scenarios – Evaluate settlement vs litigation pathways to optimize financial outcomes.
  • Support negotiation with financial clarity – Strengthen positioning with data-driven analysis and valuation.
  • Navigate cross-border frameworks – — Address multi-jurisdictional risks, regulatory exposure, and legal coordination.
  • Preserve value & recovery – Align financial strategy with legal approach to maximize recovery.

LEGAL

Transform dispute complexity into structured legal outcomes.

  • Coordinated Strategy.Define legal positioning, jurisdiction approach, and enforcement pathways across cases.
  • Manage Proceedings. Lead proceedings, filings, and representation across courts and arbitration forums.
  • Navigate cross-borders. Address multi-jurisdictional risks, regulatory exposure, and legal coordination.
  • Negotiate settlements & outcomes. Drive commercially viable resolutions through strategic negotiation.

TECHNICAL

Transforms technical complexity into defensible evidence.

  • Expert Technical Reports.Validate claims through engineering, operational, and project insights.
  • Evidentiary Development.Translate technical data into structured, defensible case material.
  • Gap Analysis.Translate Identify operational gaps, delays, or technical liabilities
  • Supporting Evidence.Anchor legal and financial arguments with technical substantiation.
Beyond Boundaries

Integrated Litigation Solutions

  • By combining legal strategy, financial analysis, and technical expertise, Eliot & Luther supports clients across the full dispute lifecycle — from case assessment and strategy development to negotiation, proceedings, and resolution.
  • This enables clients to navigate complex and cross-border disputes with clarity, protect stakeholder value, and achieve commercially optimal and enforceable outcomes.

Our Services

Sector Examples

Complex Joint Venture Exit

  • Our client held an indirect majority interest in a US-based securities brokerage firm but did not control daily operations, which were managed by a minority interestholder.
  • The business was loss-making and required ongoing capital injections. Seeking to divest its entire interest, our client faced active resistance from the minority interestholder, who blocked sale discussions and limited access to information.
  • The transaction was further constrained by governance requirements, including board approval for exercising contractual rights, and the need to coordinate across multiple jurisdictions.
E&L Value Add

Complex Joint Venture Exit

  • E&L identified enforceable legal rights, including the drag-along mechanism, and developed a strategy to compel participation from the minority interestholder.
  • We coordinated with legal counsel across New York, Delaware, and Singapore to align legal and commercial strategy.
  • E&L structured a two-stage transaction with a consortium of employees, incorporating conditional disclosures and regulatory approval requirements.
  • We led negotiations, managed stakeholder alignment, and coordinated the execution process, including addressing pricing adjustments based on newly disclosed financial information.
Outcome

Complex Joint Venture Exit

  • The issuance of the drag notice compelled the minority interestholder to engage, resulting in execution of the sale agreement within 15 days.
  • The transaction achieved its first closing, with the buyer acquiring a portion of the interests from both shareholders.
  • E&L maintained coordination across all parties and ensured the transaction progressed despite initial resistance and structural complexity, with the final closing pending regulatory approval.