INTERNATIONAL ARBITRATION
raditionally,
Latin American countries embraced policies favoring
the resolution of disputes through litigation in
national courts rather than arbitration. The growth
of international business transactions has changed
that. Today, arbitration is spreading rapidly as
a means of dispute resolution in the region.
INTERNATIONAL ARBITRATION
EXPERIENCE
ARBITRATION
- EXPERIENCE Our team is fully familiar with
international arbitration. We have experience in
arbitration under the rules of the American Arbitration
Association (AAA), the International Chamber of
Commerce (ICC), the Interamerican Commercial Arbitration
Commission (IACAC), the United Nations Commission
on International Trade Law (UNCITRAL) and the International
Center for Settlement of Investment Disputes (ICSID).
LEADERS
IN THE FIELD Our lawyers are leaders in the
practice of arbitration. José Astigarraga
was one of the eight Americans first appointed by
the U.S. Government to advise the NAFTA Commission
on the resolution of private international commercial
disputes. In the course of the ongoing negotiations
for the Free Trade Agreement of the Americas, the
Organization of American States asked him to speak
to the government negotiators about international
arbitration and dispute resolution. He serves on the London
Court of International Arbitration. The UK-based Chambers USA Guide to America's Leading Business
Lawyers reported that his peers view him "as
the [United States'] leading Spanish-speaking [international]
arbitration practitioner." Similarly, Ed Davis
has chaired The Florida Bar's International Arbitration
and Litigation Committee.
DRAFTING
COUNSEL Having litigated problems caused
by poorly drafted clauses, our lawyers counsel clients
on the drafting of suitable arbitration clauses
for their business transactions. We have lectured
extensively to corporate counsel groups on drafting
and strategy considerations with respect to arbitral
clauses.
EXPERIENCE
AS ARBITRATORS When serving as counsel in
arbitration, we bring to the table our perspective
as arbitrators as well as advocates. For example,
José Astigarraga has served as chair, co-arbitrator
or sole arbitrator in international disputes. That
understanding of the arbitral process "from
the inside" is useful when presenting a case
as an advocate. José is a trained arbitrator
who is on the rosters of multiple arbitral institutions,
including the American Arbitration Association panel
for international disputes, the Commercial Arbitration
and Mediation Center of the Americas, the London
Court of International Arbitration (LCIA) and the
Centro de Arbitraje de México.
ARBITRATION
LITIGATION - EXPERIENCE Arbitration often
spawns litigation. At times, litigation is necessary
to compel arbitration. At other times, a party will
sue in court seeking to circumvent the arbitral
agreement. An award, too, can generate litigation
such as a suit to vacate the award. Our lawyers
have litigated all such cases.