In international litigation, the issue that's always raised when dealing with the enforceability of an international contract is whether the agreement's forum selection clause is enforceable. And usually the answer is yes, the forum selection clause will be enforceable. Probably. I say probably because there are a set of discrete factors that a court will look at in deciding … [Read more...]
International Litigation: Why Apple Will Lose this Lawsuit in Belgium.
Engaging in international business is thrilling. However, one must always be mindful that the contractual provisions governing a business transaction will many times conflict with the laws of another country. Just several days ago I posted an article cautioning international e-commerce companies that a forum selection clause in a consumer contract will not be recognized in … [Read more...]
International E-Commerce Contracts and the European Union. Mind that Forum Selection Clause.
Last week I got a call from the owner of an internet company based in the U.S. I'll call him "Owner X." You see, Owner X was concerned that his company may be the target of a consumer rights lawsuit in the European Union. Owner X told me that he had an iron-clad forum selection and choice-of-law provision in the contract governing the transaction. Of course, this provision … [Read more...]
Key Principles for International Law Firms to Follow.
The American Lawyer just did a great piece on how the most successful international law firms operate. The article, The 7 Key Steps International Law Firms Should Take in 2013 to Ensure Themselves a Bright Future, lists a number of principles that a modern international firm should follow for success in the age of globalization. While the article is directed at firms with … [Read more...]
Get the International Business Law Advisor App.
Several years ago, we introduced the International Law Advisor App for the iPhone. We are thrilled with the enormous amount of interest it has generated. The International Business Law Advisor App is available as a free download here through the iTunes App Store. Simply enter the text “International Business Law Advisor” and you’re all set! Let us know what you think and … [Read more...]
Got Sued Globally? Counter-Sue Locally for Leverage in Negotiations.
The other day I received a call from a potential client here in the U.S. whose company was sued in a foreign country. And not just any foreign country, one of THOSE foreign countries. Now the great thing I love about international litigation is the strategy that's involved when dealing with a foreign country. There's a whole new set of dynamics to consider such as the … [Read more...]
International Arbitration Awards Are Enforceable in Over 140 Countries. Judicial Decisions Not So Much.
Here in Miami where my international law practice is based, international arbitration has been widely used for its ability to resolve even the most challenging global business disputes. Whether the dispute is over an investment or commercial claim, international arbitration has gained wide-spread acceptance among the international business community for its flexibility and … [Read more...]
International Law Practitioners Love the International Law Quarterly.
The spring edition of the Florida Bar’s International Law Quarterly (ILQ) is out. The ILQ is quickly becoming required reading for any international lawyer. As Editor-in-Chief Alvin F. Lindsay points out, each issue of the ILQ strives for a balance of scholarship and practical articles that will be useful to all international practitioners. The spring edition is no … [Read more...]
So You Want to Select a Foreign Business Partner? Be Sure to Follow These 3 Matchmaking Tips.
As an attorney based in a cross-roads city like Miami, I see all kinds of international business relationships turn sour and erupt into full-fledged wars. It’s unfortunate because many of these disputes could have been avoided. I mention this because over at the international arbitration blog, there’s a great post on how best to avoid international business … [Read more...]
International Arbitration: ICSID Streams Live Video of Investment Arbitration Hearing.
Although the hearings began live-streaming yesterday, Simon Lester over at the International Economic Law and Policy Blog, has reported that the International Center for the Settlement of Investment Disputes (ICSID) is webcasting a hearing in the Pac Rim CAFTA-DR investment arbitration (via Luke Peterson): A hearing on preliminary objections in the above case will … [Read more...]