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Business disputes across borders: Here’s what can go wrong

In today’s hyper-connected world, it’s normal to work across borders. You might have clients in other countries or are looking to set up operations in new, exciting markets. We like to think we’re part of a global community.

But when things go wrong, it can make issues difficult to untangle. Maybe you’ve spotted a serious red flag, or there’s a dispute with a client or business associate in another location. Perhaps there is an issue with employees or management in a distant office. It can be a headache trying to resolve it.

Not only is the language barrier an issue, there are cultural differences at play. There are ways of working that are perfectly acceptable in the US that may not be elsewhere – or vice versa. One of the greatest challenges facing global business today is in managing these cross-border relations.

If you’ve received a report of criminal activity or spotted a red flag, you need to conduct an investigation. And it needs to be specialized and tailored to your business and the markets you work in.

In Europe, an anonymous complaint leading to an investigation is more limited in scope than an investigation initiated by an identified employee’s complaint. In some countries, it’s not legally possible for companies to investigate alleged employee misconduct because the local government takes that responsibility. In others, reporting a superior may be frowned upon, meaning you won’t know about potential malpractice. 

Language is another delicate aspect of cross-border investigations. You may think that because most Latin American countries speak Spanish, it should be simple to investigate across borders. But there are distinct local variations and dialects in each country, and discovering whether a crime has been committed can lie in those nuances. 

Accurate translations are critical. Even a small mistake can lead to major problems. You’ll need someone who can operate fluently in the language, knows your area of business, and understands the cultural differences at play.

Finally, the legality of an investigation can be an issue across borders. With aspects of investigations including actions like data collection, interviews and other communications, you should be sensitive to any potential legal breaches. And while investigations tend to focus on whether global standards and domestic laws have been upheld, you also need to investigate if local laws have been violated.

That’s why we always have a multicultural and multilingual team of investigators on hand at The Owl. It allows us to carry out specialized investigations that help us dig deep and root out the truth. 

If you’re working across borders, be prepared for a cross-border investigation to cross your desk at some point – and that’s when you should give us a call.

🦉 Want to know more? Shoot us a hoot

August 6, 2024

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