International Business Law Advisor

Insights on International Litigation & Transactions

4 Reasons Why a Lawsuit Over Flight MH17 Will Not Succeed in U.S. Courts.

Posted in International Litigation

malaysia flight mh 17, international lawsuit, U.S. courts, aviation lawsuitI opened the door and it was raining people. One fell in my vegetable patch”

–Irina Tipunova, Rozsypne, Ukraine

That horrific account captures only part of the tragedy that ended the lives of 298 passengers aboard Malaysia Flight MH17 last month.  Several hundred feet from Ms. Tipunova’s home, dozens more ravaged bodies lay in the wheat fields where the airliner came down.

Upon learning of such a scene, the knee-jerk reaction for many international plaintiff lawyers is to rush lawsuits into U.S. courts to take advantage of it’s generous tort system. Indeed, it was only several weeks ago that a Florida jury awarded $23 Billion to the widow of a smoker for lying about the health effects of cigarettes.

But as terrible as the attack on Flight MH17 was, there is little chance of any civil lawsuit succeeding in the U.S. against those responsible for downing the aircraft– or even against Malaysia airlines for routing the flight over a known war zone. Continue Reading

35 International Business Etiquette Rules that Might Surprise You.

Posted in international business

International attorney in miamiBesides that one time in Switzerland that I yodeled my lunch order, I’ve had a good stretch of luck with not running afoul of any major rules of etiquette when doing business in other countries.

Whether I’m at Breakfast with a banker in Brazil, at lunch with a lawyer in London or at dinner with a dealer in Denmark, I’m always uneasy about violating some unspoken rule of etiquette in the country that I’m visiting.

I’ve found that the best way to the right thing is to follow the local rules of etiquette is to simply follow the lead of my hosts. This has worked-out just fine for me.

4 Steps to Effectuate Service of Process Under the Inter-American Service Convention

Posted in International Litigation

Inter-American Service Convention, international service of process, Miami international attorney, international lawyer MiamiOut of the hundreds of articles I’ve written for this blog, one of the most widely read has been 7 Steps to Effectuate International Service of Process under the Hague Service Convention.

That’s hardly a surprise given the complex nature of international service of process in general.

This post is a logical follow-up to that one because the Inter-American Service Convention (IASC) provides an important supplement to the Hague Convention when United States litigation implicates parties located in Latin America.

What follows is a general is a general overview of how to effectuate service under the IASC. Continue Reading

How Safe are the Sochi Olympic Games?

Posted in international business, International Risk, international trade

A special guest post by Global Security Consultant and Political Risk ExpertPaul Crespo.  
This is the latest post in the series.

Sergei Karpukhin / Reuters

The 2014 Olympic Winter Games began today in Sochi, Russia. Numerous U.S. multinational corporations such as McDonald’s, Coca Cola, Proctor & Gamble and Visa are sponsoring or participating, and 10,000 Americans are expected to attend. But former CIA Deputy Director Michael Morell recently stated that these are the “most dangerous Olympics” he has experienced in his adult life.

So what are the risks to international businesses?  And what can you do to protect yourself? Continue Reading

The World’s First Bitcoin Lawsuit—in the United States?

Posted in International Banking, international law, international trade

Bitcoin lawsuit, international payments, international litigation, bitcoin litigation, bitcoin miami

Have you ever received an email that is so fascinating that you have to read it out loud to make sure you that you read it correctly?

I received one of those several days ago.

The email asked the following question:

“This past summer I purchased [factory equipment] in [Country X] with Bitcoin.  I never received the equipment and [the supplier] won’t respond to my messages. Is it possible to file a lawsuit against [the supplier] even if I used bitcoin?

Wow.

I had to re-read the email several times to make sure I understood what I was reading. Continue Reading

Japan’s New 24-Hour Advance Manifest Rule Takes Effect on March 10, 2014.

Posted in Business Transactions, international business, international trade

Export Japan, Japan 24 hour rule, Japan NACCS, international business attorney, Miami port, U.S. customs, imports to JapanOn March 14, 2014, Japan will join the global effort to make things more difficult for exporters secure supply chains against international terrorism with the implementation of it’s own “24-hour rule.”

First implemented by the U.S. in 2002, the 24-hour advance manifest rule requires all inbound cargo carriers to submit complete manifests a full 24 hours before leaving their ports of departure.  The rule has since been widely adopted by  countries all over the world.

Under Japan’s 24-Hour Rule (JP24), notice of all containerized freight bound for Japan must be transmitted at least 24 hours before cargo is loaded onto vessels to the Nippon Automated Cargo and Port Consolidated System (NACCS), the Japanese government agency responsible for the country’s import/export and customs clearance services. Continue Reading

Enforcing a Contract in Latin America? Good Luck with That.

Posted in Business Transactions, Dispute Resolution, International Arbitration, international law, International Litigation

enforce contract Brazil colombia venezuela peru mexico, litigation latin america, enforce contract, litigation slowI 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 nexus is weak or nonexistent, these Latin American breach of contract cases must be litigated in the region.

Litigation in Latin American is Painfully Slow

So whenever I tell a client that the case must be litigated in Latin America, I say “good luck with that.” Continue Reading

Don’t Let Shipping Piracy Sink Your International Business.

Posted in international business, international law, International Risk, international trade

A special guest post by Global Security Consultant and Political Risk ExpertPaul Crespo.  This is the latest post in the series.

With the dramatic growth of global commerce more businesses rely on maritime shipping to get their goods and raw materials to market.

The release of the Tom Hanks film “Captain Phillips” depicting the 2009 hijacking of the US merchant ship Maersk Alabama by Somali pirates, has reminded us of the threats to that shipping. US Navy SEALS successfully resolved that high-visibility ship hijacking, but how secure are the cargo ships that your international business relies on today?

Global Cost of Piracy

According to a study by Oceans Beyond Piracy, the cost of maritime piracy to the global economy in2012 was between $5.7 and $6.1 billion. This was a drop of 12.6% from about $7 billion in 2011, due mostly to a 70% drop in Somali piracy.  The report notes however, that while overall piracy incidents have declined substantially, the cost “per incident” is now much higher. Continue Reading

3 Steps to Prepare your International Business for Crisis and Continuity

Posted in Business Transactions, Corporate Governance, international business, International Risk

A special guest post by Global Security Consultant and Political Risk ExpertPaul Crespo. This is the seventh post in the series.

Global companies today face a variety of serious risks that range from political disturbances, terrorist bombings, supply chain disruptions, natural disasters and cyber-attacks, to the kidnapping of key executives.

Any of these threats can create corporate crises that can seriously damage your company’s operations, reputation and even existence. Even worse are the threats we don’t foresee or predict – potentially catastrophic Black Swan events like 9/11.

Depending on the country where it occurs, a corporate crisis can also be severely compounded by language and cultural differences that will magnify the confusion and multiply the damage. How your company handles a crisis can make or break its future.  So, what can your international company do to prepare for a crisis?

Below are 3 key steps to take before a crisis explodes: Continue Reading

Cyber Attack – 3rd Biggest Threat to International Business

Posted in Corporate Governance, Intellectual Property, international law, international trade

A special guest post by Global Security Consultant and Political Risk ExpertPaul Crespo. This is the sixth post in the series.

With larger and costlier data breaches being reported every day, cyber security is quickly moving from being seen by C-level executives as a purely technical security issue, to a top business risk for global corporations.

Cybercrime and cyberspying are costing the US economy $100bn a year, and the global economy perhaps $300bn annually, according to a report by the Center for Strategic and International Studies (CSIS); and senior business executives are taking notice. Continue Reading