The 2012 issue of the Florida Bar international Law Section’s International Law Quarterly was released today. For nearly three decades, the International Law Quarterly has been recognized as one of the world’s leading journals covering all areas of international law. The current issue, edited by Hogan Lovells partner Alvin Lindsay, builds on this legacy with an… Continue Reading
Category Archives: International Arbitration
Subscribe to International Arbitration RSS FeedHow to Become an International Dispute Resolution Rockstar.
Posted in International ArbitrationInternational business law is fascinating. Unlike the U.S. where the laws of each state are relatively uniform, the laws of the world’s 196 countries vary dramatically. Because of this dynamic, there is no end to the complex and challenging issues that come up every day in our law firm. Different Countries. Different Issues. One day… Continue Reading
South Florida Judge Strikes International Arbitration Clause. Beware the Public Policy Exception.
Posted in International ArbitrationIn an international city like Miami, our firm does a large amount of international litigation and arbitration. Increasingly, we’re seeing more and more international disputes resolved through arbitration. New York Convention Powerful Dispute Resolution Mechanism The primary reason parties choose to resolve international disputes through arbitration is the relative ease in which an arbitral… Continue Reading
Everything You Need to Know About International Arbitration–On One Page.
Posted in International ArbitrationAs an attorney practicing in an international city like Miami, I see an increasing amount of international arbitration proceedings taking place here. The most frequent question I get from clients facing such a proceeding is “what exactly is international arbitration?” Too many times it seems, a contracting party will sign an agreement and overlook… Continue Reading
So You Want to Select a Foreign Business Partner? Be Sure to Follow These 3 Matchmaking Tips.
Posted in Business Transactions, Dispute Resolution, International Arbitration, International LitigationAs an attorney based in a cross-roads city like Miami, I see all kinds of international business relationships turn sour and erupt into full-fledged wars. It’s unfortunate because many of these disputes could have been avoided. I mention this because over at the international arbitration blog, there’s a great post on how best to avoid… Continue Reading
Corruption in Legal Systems Persist Around the World. And Will Continue.
Posted in Business Transactions, Corporate Governance, International Arbitration, International Banking, International Litigation, Random Thoughts and ObservationsAshby Jones of the Wall Street Journal’s Law Blog, just published an article on the findings of a major global survey on corruption released today at the 2010 International Bar Association (IBA) Annual Conference in Vancouver, Canada. While it comes as no surprise that corruption persists in many jurisdictions around the world, many in… Continue Reading
Is International Arbitration to Blame for the Sharp Decrease in Federal Jury Trials? Yes, Partly.
Posted in International Arbitration, International LitigationI have a fair number of cases in federal court at the moment. One of my clients recently asked me if their federal court case would make it to trial. While I knew that few cases these days—whether fedearl or state court—make it to trial, a recent story in the National Law Journal quantifies just how… Continue Reading
International Arbitration: ICSID Streams Live Video of Investment Arbitration Hearing.
Posted in Dispute Resolution, International ArbitrationAlthough the hearings began live-streaming yesterday, Simon Lester over at the International Economic Law and Policy Blog, has reported that the International Center for the Settlement of Investment Disputes (ICSID) is webcasting a hearing in the Pac Rim CAFTA-DR investment arbitration (via Luke Peterson): A hearing on preliminary objections in the above case will be transmitted… Continue Reading
International Arbitration: Florida Adopts UNCITRAL Model Law, Miami to Benefit the Most
Posted in International ArbitrationAs an international litigation and arbitration attorney based in Miami, I’m thrilled that the Florida Legislature just passed a bill that standardizes the rules of international arbitration. The language of the new legislation mirrors a model law developed by the U.N. Commission on International Trade Law, or UNCITRAL. Florida is the sixth state to pass… Continue Reading
International Arbitration: The Wild West of Ethics?
Posted in International ArbitrationInternational Arbitration has made great advances in the past several decades in becoming the mechanism of choice to resolve international disputes. Give me any court system in the world and nothing approaches the dynamic pragmatism of international arbitration. The relative costs, speed and predictability of this dispute resolution regime are unbeatable. While international arbitration does it… Continue Reading
International Litigation:The Evolution of Forum Shopping in U.S. Courts
Posted in Dispute Resolution, International Arbitration, International Litigation“As a moth is drawn to the light, so is a litigant drawn to the United States.” — Lord Denning Was Lord Denning right? Last month the U.S. Supreme Court heard oral argument in Morrison v. National Australia Bank on the issue of whether a foreign plaintiff could use U.S. courts to file international securities class… Continue Reading
International Arbitration: Swiss Arbitrations Increase with Success of Expedited Arbitration Procedures
Posted in International ArbitrationThere was a high increase in arbitration cases submitted to the court under the Swiss Rules of International Arbitration, according to the Swiss Chambers’ Court of Arbitration and Mediation. According to the Swiss Chamber, a total of 104 new arbitration cases were filed in 2009, an increase of more than fifty percent over the number… Continue Reading
International Center for the Settlement of Investment Disputes (ICSID) Releases Caseload Statistics
Posted in Dispute Resolution, International ArbitrationSouth America Hosts Majority of ICSID Cases The International Center for the Settlement of Investment Disputes (ICSID) recently released a report on its caseload statistics. The report includes lots of interesting data and illustrative charts. One chart I found particularly noteworthy was the geographic distribution of ICSID cases by state party. South America leads the… Continue Reading
Ireland Passes Arbitration Act of 2010: Incorporates UNCITRAL Model Law on International Commercial Arbitration
Posted in International ArbitrationI’ve been lucky to have visited Ireland a few times in the past several years. From the unbridled majesty of the Cliffs of Moer, to the emerald hills of Kilarney, to the bustling streets of Dublin, everything about Ireland is pastoral and progressive at the same time. Leave it to an international law geek like… Continue Reading
How to Authenticate Documents for Use Abroad Under the Hague Legalization Convention
Posted in Business Transactions, International Arbitration, International LitigationI recently represented an overseas client who sued a U.S. party based on a transaction that took place overseas. The transaction centered on several key affidavits, powers of attorney and attestations that we would need to use in U.S. litigation. Traditionally, for such documents to be made admissible in U.S. courts, the documents… Continue Reading
Doing Business in Japan Teleconference. $768.8 Billion Reasons to Attend
Posted in Business Transactions, Dispute Resolution, Intellectual Property, International Arbitration, International Banking, International InvestmentsThe International Law Prof Blog has passed along details about an upcoming teleconference, “Doing Business with Japan,” sponsored by the American Bar Association Section of International Law. The conference could not come at a better time. Businessweek’s Daniel Kruger reported this week that Japan has overtaken China as the largest foreign holder of U.S…. Continue Reading
7 Ways to Bulletproof Your International Arbitration Agreement
Posted in Business Transactions, Dispute Resolution, International ArbitrationAs an international business attorney, a focal point of my practice involves advising clients how to best handle cross-border disputes. The most effective mechanism by far in resolving international dispute is international arbitration. Why? International arbitration levels the playing field by taking away the home court advantage of parties on either side of a transaction…. Continue Reading
Ecuador Class Action Plaintiffs Strike Back at Chevron’s Cynical Game of Musical Jurisdictions
Posted in International Arbitration, International LitigationThe arc of the moral universe is long but it bends toward justice — Martin Luther King, Jr. The seventeen-year war between Ecuador’s 30,000 class plaintiffs against oil giant Chevron continues its global odyssey, as the oil giant pulls out every trick in the book to avoid an impending $27 Billion judgment against it in… Continue Reading
Another Win for Anti-Suit Injunctions and the Integrity of Arbitral Awards
Posted in Business Transactions, International Arbitration, International LitigationOnly 2 weeks into 2010 and I’m seeing a lot of positive movement on the street. The international markets are roaring back to life. Deal makers are picking up the phone again. And lawyers are being hired to put these deals together. Based on this snapshot view, I expect to see international transactions skyrocket as… Continue Reading
Hong Kong to Remain International Arbitration Hub in Asia
Posted in International Arbitration, International LitigationOn a recent trip to Hong Kong, I noted several newly built skyscrapers filling up the remaining voids of the city’s skyline. From my perspective sitting in the Felix restaurant, perched atop a high rise on the other side of Victoria Harbor, it was easy to see how global economic and financial activity had shifted… Continue Reading
Hey Brazil: It’sTime to Ratify Those Bilateral Investment Agreements
Posted in Dispute Resolution, International Arbitration, International Banking, International InvestmentsBrazil is on a roll. Yesterday’s Financial Times included a special 10-page section devoted to Brazil. One of the articles, Olympic Accolade Sets Seal on Progress, written by Jonathan Wheatly, succinctly describes the “exuberant optimism” that has gripped the country since it was awarded the 2016 Olympic Games. And the Wall Street Journal recently reported on… Continue Reading
Chevron Files International Arbitration Claim Against Ecuador: Forum Shopping in the Hague?
Posted in Dispute Resolution, International Arbitration, International Litigation**Update January 15, 2010**: The Republic of Ecuador and the class Plaintiffs have both challenged Chevron’s arbitration claim in New York federal court. You can read about it here and here. First, the United States. Then Ecuador. Now Holland. Chevron’s wanderlust knows no bounds, as it recently filed a parallel international arbitration proceeding in the… Continue Reading
Arbitration Provisions in China-related Commercial Contracts: How to Implement Best Practices
Posted in International ArbitrationOn August 4, 2009, China’s Supreme People’s Court issued a new regulation to encourage parties involved in conflicts to consider arbitration as an alternative means of dispute resolution. The regulation is in response to a rapid increase in lawsuits during the past two years. Under the new regulation, agreements achieved in arbitration or mediation by… Continue Reading
About Santiago A. Cueto
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Board Certified International Law Expert and Founding partner Santiago A. Cueto focuses his practice on international business law with an emphasis on international business litigation, arbitration and transactions. His practice is based in Miami, Florida.
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