As an international litigation attorney, one of the biggest challenges I face occurs even before litigation begins, i.e. serving process on a foreign defendant. Whether I proceed under the Hague Convention or letters rogatory, the process can be frustrating even for seasoned practitioners. I mention this because I just read of a fascinating development in the United Kingdom … [Read more...]
Service of Process in Brazil. The Basics.
In the past several months, there’s been a dramatic increase in the number of Brazil-related legal questions I’ve received here in Miami, where our firm’s international law practice is based. With Brazil-South Florida annual trade exceeding $13 billion and Brazilian visitors spending $1 billion annually in Miami, it’s really not all that surprising. From exporting … [Read more...]
How to File a Lawsuit Against a Foreign Government. The Basics.
Our firm recently received a call from a U.S. entity looking to file a lawsuit against a foreign government. While I cannot discuss the specifics of the case, I can tell you that the circumstances under which a U.S. entity or citizen would want to sue a foreign government fall across a broad spectrum. The most common cause of action filed against a foreign government is a … [Read more...]
7 Steps to Effectuate International Service of Process under the Hague Service Convention.
Given the international focus of my practice, I regularly serve process on parties located in foreign jurisdictions. Most of the time it's straightforward because many of the countries I deal with are signatories to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, more commonly called the Hague … [Read more...]