Having just wrapped up Season 2 of Stranger Things this week, I just couldn’t help draw the connection between the Mind Flayer and its army of Demogorgons wreaking havoc in Hawking, Indiana and Venezuelan President Nicolas Maduro and his finance ministers terrorizing global capital markets in Caracas, Venezuela. While the former makes for good entertainment, the latter makes … [Read more...]
The 5 Most Important Words in an International Contract.
As an international business attorney, a focal point of my practice involves advising clients on the terms and conditions that absolutely must be included in an international business agreement. Having drafted hundreds of commercial contracts over the years, I narrowed down what I perceive to be the five most important terms to include in a cross-border contract. While … [Read more...]
Enforcing a Contract in Latin America? Good Luck with That.
I got a call recently from a local manufacturer looking to sue a supplier in a Latin American country for breach of contract. Given Miami’s proximity to the region, I see these types of cases a lot. The first thing I’ll do is take a look at the case to confirm that jurisdiction would be proper in the U.S. And most of the time it is. However, when the jurisdictional … [Read more...]
International Litigation Costs: A Comparative Study.
As readers of this blog know, I’m a big advocate for the arbitration of international disputes. However, the fact remains that a great deal of cross-border disputes result in costly international litigation. I see that a lot here in Miami, where our firm’s international practice based. There are literally hundreds of lawsuits filed here that could have easily been resolved … [Read more...]
Can the Location of a Computer Server Be enough to Confer Jurisdiction over International Defendants? Yes. Maybe.
In any international dispute our firm takes on, the first level of analysis will almost always center on the location of the parties and where the dispute arose. If there is no jurisdictional basis for a lawsuit in the U.S., then-- if you’re on the plaintiff side-- the case is referred out to our network of international lawyers. If we’re defending you, then there’s a good … [Read more...]
How Russian Investors Can Reclaim their Investments in Cyprus.
UPDATE: The Cyprus parliament unanimously rejected the proposed European bailout, raising the possibility of a messy default. *** The firestorm over the Eurozone bailout of Cyprus, a small Mediterranean metropolis, continues to rock financial markets. Under the terms of the bailout deal, everyone with a bank account on the island has to pay a one-time tax on their deposits … [Read more...]
Sovereign Debt Litigation on the Rise.
On Wednesday, the United States Court of Appeals for the Second Circuit will hear argument in a sovereign debt lawsuit that could have a major impact on world debt markets. The case centers on a group of investors who sued Argentina seeking payment for $1.3 billion relating to bonds that the country defaulted on in 2001. While the court has already sided with investors on … [Read more...]
So Much for Expediency. International Arbitration Cases Can Take a Long Time, Too.
In the past two decades, international arbitration has become the dispute resolution mechanism of choice for resolving international commercial matters. One of the characteristics that made international arbitration so attractive was its expediency in getting matters resolved. This saved companies a great deal of money because they were not tied up in litigation for what … [Read more...]
How International Litigators Can Change the World. A Case Study.
One of the things I love most about being an international litigator is the opportunity to challenge the status quo and have a positive impact at the global level. Whether it’s representing victims against human rights abuse in the Middle East, bringing justice to swindled French investors, or helping to track down North African warlords, the work can be extremely … [Read more...]
Have a Legal Dispute in Asia? Singapore is the Place to Resolve it.
I'm a big advocate for doing business in Singapore. Year after year, it's ranked as the easiest country in the world to start a business. Singapore is also the third richest country in the world, ranking behind only Qatar and Luxembourg. A big part of Singapore’s success is rooted in its modern legal system. The legal system in Singapore has received global recognition for … [Read more...]