The Court of Appeal sided with Aguila’s argument stating that, “the plain language of this contract expresses an unmistakable intent to make the forum provision exclusive…[and that] there was no ambiguity.”  The Court of Appeal concluded that the forum selection clause, as written, was mandatory, exclusive and unambiguous and, thus, the case should be litigated in Brazil. The Third District Court of Appeal reversed the trial court order on October 17, 2018.

Click on the following link for video of the oral argument: Wardak Oral Argument

About Rivero Mestre LLP

Rivero Mestre, with offices in Miami and New York, represents clients from investigation to verdict and appeal in complex business disputes in U.S. federal courts, state courts, and domestic and international arbitration proceedings. The firm’s practice focuses primarily on representing corporate and institutional clients in a broad range of complex commercial disputes including financial institution matters, intellectual property disputes, and litigation and arbitration relating to Latin American trade and investment.

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