As Korean companies continue to expand globally, one increasingly common yet underestimated risk they face is international litigation. Cross-border lawsuits are fundamentally different from domestic cases—due to varying legal systems, languages, and cultural expectations. Without the right understanding and preparation, these lawsuits can lead to significant and unexpected losses.
A strategic approach to international litigation is essential—not only to safeguard a company’s global reputation, but also to ensure long-term business sustainability. If a company enters litigation without understanding the legal system of the opposing jurisdiction, or without securing appropriate documentation, it risks losing the case, incurring massive legal costs, or even damaging its intellectual property.
In this post, we’ll highlight the key differences between domestic and international litigation, explore the role of e-discovery in cross-border disputes, and explain how Bering Lab supports companies in navigating these challenges effectively.
✍🏻 Key Differences Between Domestic and International Litigation
Litigating abroad presents a completely different legal landscape. In domestic disputes, proceedings follow Korean laws and are held in local courts. In contrast, international cases require determining both jurisdiction and governing law. While some contracts define these through jurisdiction clauses, many don’t—leaving courts to decide based on factors such as the defendant’s location or the origin of the dispute. If the case proceeds in a foreign court, companies may be at a significant disadvantage due to language and legal interpretation barriers.
Another major difference is the legal system. South Korea follows a civil law system, based on codified statutes, whereas countries like the United States and the UK follow common law systems, which place greater emphasis on precedent and case law. Without understanding these differences, companies risk mismanaging their litigation strategy.
Finally, international lawsuits are typically more expensive and time-consuming than domestic ones. The discovery process alone can last from several months to over a year. Reviewing and translating thousands of pages of documents can drive legal costs to staggering levels.
✍🏻 Best Practices for Managing International Litigation
To succeed in international litigation, companies must deeply understand each jurisdiction’s legal system and procedural expectations. From determining jurisdiction to enforcing judgments, every stage requires tailored, country-specific strategies.
The first step? Engaging international litigation experts. Even subtle nuances in legal terminology can make or break a case. Skilled legal professionals can interpret documents in context, build sound legal arguments, and collaborate with trusted local counsel—greatly improving the odds of success.
Document preservation is another critical area. In U.S.-based lawsuits, the e-discovery process demands full transparency. From the moment litigation is anticipated, companies must preserve emails, chat logs, meeting minutes, and other digital records—and avoid any deletion or modification.
Accurate translation and contextual understanding are equally essential during evidence collection. It’s not just about converting language—it’s about understanding the legal weight of each document and identifying privileged or protected materials that should not be disclosed (e.g., attorney-client privileged communications).
✍🏻 What Is E-Discovery and Why It Matters
E-discovery, or electronic discovery, is the digital-age evolution of evidence disclosure. In the U.S., both favorable and unfavorable electronic evidence must be produced during litigation—a key difference from Korean practice, where only selected evidence is submitted.
One of the most resource-intensive parts of this process is document review. Legal teams must filter vast amounts of digital data to find relevant evidence and assess its legal significance. In cross-border cases, this also involves translating hundreds of thousands of documents and analyzing them within their legal context. This is where Bering Lab comes in.
Bering Lab’s E-Discovery Solution
Bering Lab helps companies streamline the entire e-discovery process. With the largest pool of legal experts in Korea—500+ lawyers and 800+ professional translators—we provide in-depth, context-aware Human Document Review services. These professionals not only ensure legal accuracy, but also consider linguistic nuance and cultural context.
We also combine this human expertise with AI-powered translation technology, which has been ranked #1 in global machine translation competitions (WMT, WAT). Our hybrid approach delivers faster, more accurate translations at 30% lower cost than traditional methods.
International litigation is complex and costly—but preparation makes all the difference. From identifying the right jurisdiction to managing e-discovery and enforcing judgments, companies must approach each step with strategic precision.
In particular, e-discovery can determine the outcome of a lawsuit. Reviewing and translating hundreds of thousands of pages isn’t just a logistical challenge—it’s a legal one. But with the right tools and partners, you can reduce legal risks and control litigation costs.
At Bering Lab, we offer a solution for your international litigation needs—from early-stage planning and evidence collection to translation, analysis, and document review.
Want to manage global legal risks with confidence? Let’s talk. Visit Bering Lab
