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.

The post Daily Business Review Discusses Rivero Mestre’s Forum Selection Clause Win in Florida’s Third District Court of Appeal appeared first on RIVERO MESTRE LLP | Miami + New York Attorneys | International Law | Commercial Litigation.

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.

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.

The post Paula Aguila Wins Forum Selection Clause Argument in the Florida Third District Court of Appeal appeared first on RIVERO MESTRE LLP | Miami + New York Attorneys | International Law | Commercial Litigation.

Rivero and M. Paula Aguila are defending Serafin García Armas against BNC’s claims in Miami-Dade County Circuit Court. The plaintiff first filed suit in Caracas and later sued in Miami-Dade County, dismissing its Venezuela action only after Rivero Mestre won an earlier dismissal on forum non grounds. The case has been remanded and is pending before the trial court. Rivero’s oral argument in front of the Third District Court of Appeal can be seen below.

The post Andrés Rivero wins forum non conveniens argument in the Florida Third District Court of Appeal appeared first on RIVERO MESTRE LLP | Miami + New York Attorneys | International Law | Commercial Litigation.