hen a dispute develops over an international business deal, it can wind up in negotiation, in litigation in a foreign or U.S. court, or perhaps in arbitration. Our team is well positioned to assist clients with such disputes.

INTERNATIONAL BUSINESS DISPUTES When it comes to international business disputes, our lawyers assist our clients in three ways:

  • We litigate in U.S. federal and state courts.
  • We prosecute and defend arbitrations in the U.S. and abroad.
  • We supervise litigation in courts outside the United States.

INTERNATIONAL LITIGATION - U.S. COURTS We represent companies in federal and state courts in the U.S. in litigation arising out of their Latin American business transactions and operations. Our lawyers have deep experience with the doctrines particular to international litigation, such as forum non conveniens, jurisdiction over the person, conflicts of laws and gathering evidence abroad. We are accustomed to dealing with cases where litigation is pending in more than one country and the related legal questions, such as the power of a U.S. court to enjoin a party from proceeding with foreign litigation, and witnesses and evidence are often located in Latin America or other locations. We are also experienced in assisting foreign counsel in seeking evidence pursuant to 28 U.S.C.§1782 for use in a foreign tribunal, executing on foreign judgements, and enforcing foreign arbitral awards. Our international capabilities, including our familiarity with the cultures, language and systems, empower us to gather the facts and evidence effectively and efficiently.

GOVERNMENT LITIGATION - EXPERIENCE Our firm has experience with sovereign immunity issues and government litigation. For example, we have represented Latin American government-owned entities in arbitration as well as litigation. We have advised foreign government-appointed bank liquidators in failed bank litigation. Conversely, we represent private-sector companies in investment and other disputes with governments.

PROFESSIONAL ACTIVITIES We are often asked to speak in the U.S., Europe and Latin America on international litigation, and have chaired programs and committees such as The Florida Bar's International Litigation and Arbitration Committee. They are involved in a variety of international initiatives, serving for example, on the board of directors of the National Law Center for Interamerican Free Trade.



INTERNATIONAL LITIGATION - LATIN AMERICAN COURTS Companies doing business in a foreign country face the risk of suit in the local courts of that country. Because we regularly deal with Latin American legal systems, we are able to help our clients develop and implement the best strategies for the problem at hand.

LATIN AMERICAN COURTS - SELECTION OF IN-COUNTRY COUNSEL An important part of any litigation strategy is the selection of the best in-country counsel for the particular case. A company's "regular" or historical counsel in the country might not be the most suitable for the specific problem. Such counsel might not have the best expertise or the political or other resources needed. Assessing such qualifications from afar is difficult. As a result of many years of practice and experience, we have a broad knowledge of the law firms in the region and can help our clients make the best selection.

COUNTERING UNCONVENTIONAL TACTICS - EXPERIENCE Many countries in the region have procedures, such as querellas, permitting a private party to file a criminal proceeding for what is a commercial dispute. This procedure is exploited to pressure a foreign company into settling a dispute to avoid the risk that an arrest warrant will be issued against one or more of its executives. Many of our lawyers have experience in countering such tactics.

COUNTERING CORRUPTION - EXPERIENCE In some countries, corruption is a significant factor that affects a client's prospects of achieving a successful result. The Foreign Corrupt Practices Act and money-laundering legislation can embroil a company doing business abroad. As noted in a feature article in Florida Lawyer and other publications, our lawyers are experienced at dealing with troublesome issues encountered in some developing countries, including corruption, as well as accusations of illegal activities.

STRATEGISTS - MANAGERS Because litigation in an international deal often winds up in the courts of more than one country, coordination among the various local counsel is essential. What is helpful to the case in one country might damage the case in another. In addition, even where the dispute is in only one country, a stance taken abroad may have broader implications for the client from a regulatory or other perspective at home or elsewhere. Our lawyers are accustomed to coordinating and managing such disputes.

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Astigarraga Davis | 1001 Brickell Bay Drive, 9th Floor | Miami, Florida 33131
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