You might want to bring a lawsuit instead of an arbitration. Unfortunately, a court in your country might not have power (called “jurisdiction”) over the defendant, especially when the defendant lives in a different country. If the court lacks power, then you would have to sue in the defendant’s home country, which could be incredibly expensive.


Often, the defendant consents to be sued. Large companies typically have designated someone (an agent) to receive service of process. By receiving service, it consents to the court’s jurisdiction. Look in your contract. In fact, you should not have signed a contract unless the defendant consented to accept service of process through an agent.
A situation might exist, however, where you can’t sue in your home country. For example, you might have signed the investment contract in the foreign country. Furthermore, the company you invested in does not have an agent in your home country. In this situation, you will have to talk with your lawyer about where you can sue.
 You start the lawsuit by filing a “complaint” in court. In this document, you identify yourself and who you are suing (the “defendant”). You also explain the circumstances surrounding the dispute and make a demand for relief, such as monetary compensation.Your lawyer should draft the complaint for you. Make sure to request a copy before it is filed and read it.
You should also include copies of your contracts with the complaint when you file it in court.
 You have to give the defendant notice that you are bringing the lawsuit. Your lawyer will know how to serve the notice.


Generally, you can have a copy of the complaint and a summons hand-delivered on the defendant or the defendant’s agent. You can hire a private process server to make delivery for a fee.
 Litigation is in many ways similar to arbitration. For example, you can have witnesses testify and introduce supporting documents. However, lawsuits (particularly in the United States) involve a lengthy fact-finding phase before trial called “discovery.”


In discovery, you can request information from the defendant using document requests and also by asking the defendant questions to answer under oath.Work closely with your lawyer to come up with a discovery plan that is manageable. Your lawyer will use discovery to help uncover useful information for your lawsuit.
Lawsuits also involve many different pre-trial hearings. These are like the conferences in arbitration. Some are simply “status hearings,” where your lawyer will need to tell the judge how the case is advancing. You may also meet to decide what facts both sides will agree to. These are called “stipulations.”, You won’t have much to do during the trial. Instead, you may have to testify as a witness, but your lawyer will handle examining witnesses and making arguments to the judge or jury.


Nevertheless, try to stay engaged. If you have been selected to represent your company at trial, then you will sit beside your lawyer. Bring a notepad and a pen to take notes.
You can also write notes to the lawyer if you think of a question a witness should be asked.
 You might have to testify as a witness. To prepare, your lawyer might do a practice run with you. On the day of your testimony, remember the following tips:Listen closely to the question. You want to answer the question asked. If you don’t understand the question, then ask the lawyer to clarify.
Don’t guess. If you don’t know the answer to a question, then say, “I don’t know.”
Be cooperative and always remain calm. You don’t want to come across as angry or abrasive in front of the jury.
Always tell the truth. It is a crime to lie under oath.
 If you win the trial, you still are responsible for getting the defendant to pay you. This may sound easy in theory. However, if the defendant lives in a different country, then they may try to avoid paying.


You have options. For example, you could put liens on the defendant’s property and foreclose on it. You could also garnish bank accounts in your country.For more information, see Collect a Court Ordered Judgment.
Check if you can sue the defendant in your home country.
Draft a complaint.
Serve notice of the lawsuit on the defendant.
Litigate the dispute.
Attend trial.
Testify in the trial.
Collect on the judgment.
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