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...]
Are You a Clueless In-House Counsel When it Comes to International Litigation?
Earlier this week I had a discussion with the general counsel of a mid-size company. He was going on and on about how his in-house attorneys secured a huge U.S. court judgment against a foreign company. I simply smiled and thought to myself, this person does not have a clue about the rough road ahead. You see, securing a U.S. court judgment against a foreign company is … [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...]
International Arbitration in Miami is on the Rise. Here’s Why.
Whenever someone learns that our law firm (based in Miami) is currently handling a major international arbitration matter against the Kyrgyz Republic at the Hague, they almost always ask "why is a complex case like that being handled in Miami?" The answer is straightforward. Over the last decade Miami has become one of the primary players on the international … [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...]
Don't Miss the 11th Annual International Litigation and Arbitration Conference March 1, 2013.
The Florida Bar's International Law Section will be hosting its 11th annual International Litigation and Arbitration Conference on March 1, 2013. The event will be held at the stunning Biltmore Hotel in Coral Gables, FL, located a short distance from Miami International Airport. I will be speaking on the panel "How Should Counsel Use Trade Agreements in Commercial … [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...]
Yes, that International Forum Selection Clause is Enforceable. Probably.
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...]