Nine times out of ten, one of the first questions we are initially asked by clients when we explain how international arbitration works is this: if we win the case, how can we be sure that the other side will pay, or that the award will be enforced? Because international arbitration often involves parties from different countries resolving business disputes in a neutral … [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...]
My International Investment was Expropriated. Now What?
Investing millions of dollars with a foreign government and then having it all expropriated is not fun. It's the kind of scenario that international investors fear the most. I know because one of the largest cases in our office right now involves the expropriation of sizable investments by a foreign government. Unfortunately, given the volatility of the global … [Read more...]
Top 5 International Business Law Trends to Watch in 2013: Trend #3 International Arbitration.
This is the third post in a five-part series on the top 5 international business law trends to watch out for in 2013. The third big story to look for in 2013 is the continued growth in international arbitration particularly in in the area of investment treaty arbitration. The preference of many international companies to forgo litigation in favor of international arbitration … [Read more...]
Top 5 International Business Law Trends to Watch in 2013: Trend #2 Intellectual Property.
This is the second in a 5-part series of what I see as the dominant international business law trends in 2013. Last year's globe trotting legal battle between tech titans Apple and Samsung was an excellent preview of the second major trend to look out for in 2013---the explosion in the number of international intellectual property disputes. Whether your company is … [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...]
How to Draft a Powerful International Arbitration Claim.
In recent years, our law firm has seen a big increase in the number of international arbitration claims being filed. Whether the arbitration involves a commercial or investment dispute, the work is always interesting. Recently, I received a phone call from a prospective client looking for advice on whether or not to file an international arbitration claim. This person had … [Read more...]
International Arbitration in New York. Losing its Luster?
Many of the world's leading business centers, including Miami, London, Paris, Hong Kong and Singapore, actively compete to host international arbitrations, and the courts of the venues selected to host international arbitrations are typically regarded as the most respected courts by the international business community. As I wrote over at the International Arbitration Advisor, … [Read more...]
Investment Treaty Arbitration. The Basics.
Our firm is currently handling a high stakes investment arbitration claim against a former Soviet republic. In a nutshell, our client's investment was unlawfully taken in the days after revolutionary forces took control of the government and established a new regime. The arbitration is currently underway pursuant to the investment treaty in force between the U.S. and the … [Read more...]