International Civil Litigation

In a globalized world, globalized litigation is unavoidable. Also called multi-jurisdictional litigation, international civil litigation occurs when a foreign element is present, whether a foreign defendant or plaintiff, a foreign forum or law, or a transaction or occurrence taking place in a jurisdiction different to that where the case is being tried. The U.S. doctrine of forum non conveniens is perhaps the most relevant theory developed by U.S. court to tackle, and avoid, that litigation brought by non-U.S. plaintiffs is ventilated in U.S. courts. Even though this doctrine has not been applied exclusively to cases involving Latin American litigants or causes of action, what is particular to Latin America is the nature, dimension, and reach of the judicial and legislative responses that U.S. forum non conveniens dismissals have triggered in the region. Multi-million dollar litigation affecting Latin American parties has lingered in some cases for more than two decades in the United States. At the core of the forum non conveniens legal analysis is the determination of whether the foreign (in our case, Latin American) forum is available, that is, appropriate and adequate. This test necessarily requires the review of the concerned Latin American legislation, which is abundant, and in many situations its accurate determination involves a complex endeavor. It is in this field where we could be of much assistance to you. Click  for a review of articles written and presentations given by Dante Figueroa on the subject of International Civil Litigation. Below is a list of materials that may help you get started become familiarized with Business Law in Latin America.

Amy Stillman, Gibson Dunn Secures Dismissal of Nicaragua Case Against Dole, in News – Latin Lawyer (July 19, 2010)

 Greg Vanden-Eykel, Civil Procedure-Convenience for Whom? When Does Appellate Discretion Supercede a Plaintiff’s Choice of Forum? – Aldana v. Del Monte Fresh Produce N.A., Inc., 578 F.3D 1283 (11th Cir. 2009), 15 Suffolk J. Trial & App. Advoc. 307 (2010)

 Rajeev Muttreja, How To Fix The Inconsistent Application Of Forum Non Conveniens To Latin American Jurisdiction—And Why Consistency May Not Be Enough, 83 N.Y.U. L. Rev. 1607 (2008)

 E.E. Daschbach, Where There’s A Will, There’s A Way: The Cause For A Cure And Remedial Prescriptions For Forum Non Conveniens As Applied In Latin American Plaintiffs’ Actions Against U.S. Multinationals, 13 L. & Bus. Rev. Am. 11 (2007).

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