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 Litigation
Subscribe to International Litigation RSS FeedTop 3 Ways to Minimize Costs in International Litigation.
Posted in International LitigationBusiness litigation can be expensive, dauntingly complex and fraught with procedural hurdles. Overwhelmingly, it’s the cost of litigation that haunts U.S. corporations more than anything. According to a recent survey, less than 40 percent of U.S. corporate counsel are unable to predetermine the costs of managing business disputes. And that’s hardly a surprise. It’s difficult to… Continue Reading
Corporate Liability Goes Before U.S Supreme Court. Troubling Paradox May Result.
Posted in Corporate Governance, International LitigationSeveral weeks ago, I presented a webinar for the Florida Bar’s International Law Section Webinar Series titled 5 Ways Corporations Can Avoid International Liability. One of the five areas I focused on was corporate liability under the Alien Tort Claims Act (ATCA). It seems the timing could not have been better, as the U.S. Supreme… Continue Reading
In Landmark Decision, UK High Court Permits Service of Process via Facebook.
Posted in International LitigationAs 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… Continue Reading
Tweet Locally, Get Sued Globally. Twitter and International Jurisdiction.
Posted in International Litigation, Random Thoughts and ObservationsAs the past several years have borne out, the power for Twitter to transform international events is astonishing, as Forbe’s Jeff Bercovivi recently reminded us: “In 2009, Twitter inspired protesters in Moldova to demand political power. In 2010, the microblogging service channeled food, medical supplies and hope to the desperate victims of the earthquake in Haiti. Last year, that… Continue Reading
Enforcement of Foreign Judgments. The Basics.
Posted in International LitigationLast week I received a call from the general counsel of a corporation looking to enforce a foreign judgment here in the U.S. I explained that the process is straightforward, assuming the foreign judgment does not conflict with certain principles, which I’ll explain below. The same also generally holds true for the enforcement of U.S. judgments in a… Continue Reading
Service of Process in Brazil, Part II. What You Need to Know.
Posted in International LitigationWe are thrilled to present this guest post by Gregory S. Barnett, who is a foreign legal consultant with Angelico Advogados in Sao Paulo, Brazil. International investment in Brazil is on the rise. As economic struggles persist in the United States, anxious US investors are looking south for new opportunities. And while most countries are… Continue Reading
U.S. Court Rules China an “Adequate Forum.” Really, It Is. Or Not?
Posted in International LitigationFor all the exuberant talk about China being among the world’s greatest economic powers, with western marketers clamoring to get their products in front of China’s skyrocketing middle-class, the reputation of its legal systems has lagged behind considerably. Whether China’s legal system is adequate or not, the arguments are all over the place. For example,… Continue Reading
Service of Process in Brazil. The Basics.
Posted in International LitigationIn 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… Continue Reading
How to File a Lawsuit Against a Foreign Government: The Swiss Perspective.
Posted in International LitigationI’m thrilled to publish this excellent guest post submitted by Yves Klein of Monfrini Crettol & Partners in Geneva, Switzerland. I recently read Santiago Cueto’s entry on this blog titled How to File a Lawsuit Against a Foreign Government. The Basics, on which I commented on LinkedIn. Santiago kindly offered me to write this contribution… Continue Reading
International Law Practitioners Love the International Law Quarterly.
Posted in Business Transactions, Corporate Governance, Dispute Resolution, International Banking, International LitigationThe spring edition of the Florida Bar’s International Law Quarterly (ILQ) is out. The ILQ is quickly becoming required reading for any international lawyer. As Editor-in-Chief Alvin F. Lindsay points out, each issue of the ILQ strives for a balance of scholarship and practical articles that will be useful to all international practitioners. The spring edition… Continue Reading
5 Ways to Make In-House Counsel’s Job Easier in High Stakes Litigation
Posted in International LitigationAs a litigator, I’m in constant communication with in-house counsel concerning the status of a given case—as most litigators are or should be. Even if nothing material is going on, I make it a point to simply communicate “there are no material issues to discuss at the moment.” I do this for several reasons…. Continue Reading
How to File a Lawsuit Against a Foreign Government. The Basics.
Posted in International LitigationOur 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… Continue Reading
What Every Corporate Attorney Must Know About European Union E-Discovery Rules. An Update.
Posted in International LitigationBack in August of 2009, I wrote an article, European Union E-Discovery Rules: What Every Corporate Litigator Must Know, describing the privacy laws in the European Union and the significant implications for litigation based in the United States. At the end of the article, I predicted that the EU would further shore up their privacy… Continue Reading
The 10 Best Countries to Enforce a Contract. And the 10 Worst.
Posted in International LitigationThe World Bank’s Doing Business division, just published a fascinating report on the ease (or difficulty) of enforcing contracts around the world. As a result of the global financial crisis, it really comes as no surprise that business are more concerned than ever about recovering losses fast. Contract Enforcement Actions Up Sharply In the past… Continue Reading
Foreign Litigants and American Jurors: Please Mind the Culture Gap.
Posted in International LitigationAs an international attorney based in Miami, it is common for me to represent or be challenged by a foreign party in litigation. The cases are typically disputes over commercial transactions or business ventures that, for one reason or another, did not work out as the parties expected. When one of these cases finally… Continue Reading
International Litigation and Arbitration Featured in the Florida Bar’s International Law Quarterly .
Posted in International LitigationThe winter edition of the Florida Bar’s International Law Quarterly (ILQ) is out. The ILQ is quickly becoming required reading for any international lawyer. While the last issue focused on China, the focus of the latest edition is international litigation and arbitration. As Editor-in-Chief Alvin F. Lindsay points out, the geographical diversity of the authors selected for… Continue Reading
I’ve Got a Foreign Money Judgment–Will it Be Recognized in Florida (or any other U.S. State)?
Posted in International LitigationAs an international business attorney based out of Miami, Florida, it’s not unusual for me to get a call on how to enforce a foreign judgment in Florida. Fortunately, for anyone with a foreign judgment looking to enforce it in Florida, Florida has adopted the Uniform Out-of-Country Foreign Money Judgment Act. Most other states have… Continue Reading
Your Client Has Been Sued in the United States– Now What?
Posted in International LitigationThe Florida Bar held its 9th Annual International Litigation and Arbitration conference in Miami, Florida several weeks ago. As Program Chair of the Conference, I had the privilege to sit in on some great panels. The panel called “Your Client Has been Sued in the U.S.—Now What?” was particularly interesting. As its name suggests, the… Continue Reading
9th Annual International Litigation and Arbitration Conference. Another Great Reason to Visit Florida Next Month.
Posted in International LitigationRegistration is now open for the 9th Annual International Litigation and Arbitration Conference (the ILAC) to be held on Friday, February 4, 2011, at the beautiful Westin Diplomat Hotel Resort in Hollywood, Florida. Don’t miss out on this phenomenal gathering of legal experts from around the globe as they discuss and present on the latest… 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
Foreign Plaintffs–You’re Out of Luck Again: Second Circuit holds that RICO Statute Does Not Apply Extraterritorially.
Posted in International LitigationOwen C. Pell over at White & Case has reported on the first decision by a circuit court applying the Supreme Court’s ruling in Morrison v. National Australia Bank beyond federal securities laws. In Norex Petroleum Ltd. v. Access Indus., Inc., et al., the U.S. Second Circuit Court of Appeals affirmed the dismissal of a… 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
Could a U.S. Court Exercise Jurisdiction Over a Foreign Manufacturer with a Strong Social Media Presence?
Posted in International LitigationThe Supreme Court Set to Revisit Personal Jurisdiction for the First Time Since the 1980s. If you’re a foreign manufacturer and have a Facebook page, Twitter account, blog or otherwise have a social media presence in the U.S., you might want to pay close attention to the Supreme Court’s upcoming 2010-2011 term, which kicks off… 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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