What Keeps Foreign Litigators Choosing Miami as Their International Arbitration Venue?
Litigation attorney Adolfo Jimenez was quoted in a Daily Business Review article discussing the pro-arbitration bar rules in Florida. Arbitration rulings are backed by the judiciary in Miami, unlike jurisdictions in some cities in Latin America. This means litigators now have a competitive disadvantage if they choose to litigate in Miami where the courts understand and respect arbitration. Additionally, Florida established the Miami International Commercial Arbitration Court as a subsection of the complex business litigation section of the Miami-Dade Circuit Court to exclusively handle international commercial arbitration matters under the Florida International Commercial Arbitration Act. Mr. Jimenez commented on the influential Mesa Power Group v. Canada case and explained that the North American Free Trade Agreement (NAFTA) investor-state arbitration was seated in Miami because attorneys hoped it would facilitate issuing subpoenas.
"The case is frequently cited for the premise that the six-month cooling off period required by NAFTA and many bilateral investment treaties is not required for each individual event or breach that is the subject of the dispute," he explained. "It is a significant investor-state arbitration with a high-profile arbitral panel demonstrating that Miami is a serious player."
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