http://www.internationallawsection.org/ The Florida Bar International Law Section en-us http://www.internationallawsection.org/images/logo.gif http://www.internationallawsection.org/ legal@cyberlaw.info http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=56 ILS is seeking committee members to assist with drafting a proposed ethics rule regarding Florida law firms with offices in foreign countries. Those interested should contact Mark Weiner at weinerm@mac.com. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=55 The Amicus Committee is seeking volunteers to assist with legal research and drafting of an amicus curiae brief for submission to the Florida Supreme Court in a case of first impression in Florida. As you may know, in a case called Raymond James Financial Services, Inc. v. Phillips, the Second District Court of Appeal recently ruled that Florida's statutes of limitations do not apply to arbitrations unless the arbitration agreement expressly provides for it in the agreement. Volunteering with the Committee would be an excellent opportunity to hone research and writing skills, as well as meet other attorneys involved in the Section. If you are interested in volunteering with the Committee, please contact Committee Chair Raquel A. Rodriguez at rrodriguez@mcdonaldhopkins.com. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=54 Pre-Vis Moot Arbitration Competition February 25, 2011 Miami, Florida Read the brocure here. HOSTED BY: www.InternationalLawSection.org MIAMILAW The Florida Bar seeks practitioners to serve as arbitrator judges for the 2012 VIS PRE-MOOT COMPETITION SATURDAY, FEBRUARY 25, 2012. The goal of the Vis Arbitral Moot is to foster the study of international commercial law and arbitration for resolution of international business disputes through its application to a concrete problem of a client and to train law leaders of tomorrow in methods of alternative dispute resolution. *PARTICIPATION OPPORTUNITIES ARE AVAILABLE THROUGHOUT THE DAY BEGINNING AT 9:00AM. CLE Credits Available. To volunteer contact Clarissa Rodriguez at: clarissa.rodriguez@smintlaw.com or 305.856.7723. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=53 To all members of the International Law Section: Download your copy of the Fall 2011 issue of the International Law Quarterly special Brazil issue here. This issue is one of the most auspicious we have ever published. At eighty pages, it is packed with valuable information on one of the world’s strongest economies. Indeed, the authors represent some of the most respected experts in the fields of Brazilian law, trade, business and government. Special thanks go to Section members Quinn Smith and Mauricio Gomm Santos for spearheading this exceptional issue. We believe it is surely worth saving and will become the ultimate reference guide on Brazil for years to come. On behalf of the International Law Section, we hope you enjoy it. Alvin F. Lindsay Editor-in-Chief http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=52 The University of Florida Levin College of Law is looking for panelists for a discussion on international law to the UF International Law Society. The law students are interested in all topics ranging from international business to human rights. A specific date in the Spring of 2012 is forthcoming. If you have an idea or if you would like to participate in the panel, please contact Magdalena Zalewski, UF Law Student, at mzalews@gmail.com. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=51 Central America Caribbean Middle East Africa India USA Canada Australia Become a Regional Editor for the International Law Quarterly and be the go-to expert on one of these remaining regions! Beginning this winter, the ILQ’s new regular feature, the “World Roundup,” will quickly update our readers on the most major legal developments from all the most important regions of the world. As a Regional Editor, you will be responsible for tracking developments and writing short quarterly updates from one to several paragraphs for each region. As such, each Regional Editor will not only have an opportunity to become more closely involved in our flagship publication, but also to become recognized as an expert in their particular region. If your training, background, or practice qualifies you to report on one of the above regions, let us know by contacting Editor in-Chief, Alvin F. Lindsay, at Alvin.Lindsay@hoganlovells.com, with your credentials and regional choice. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=50 The Consejo General de la Abogacía Española is organizing an event in Miami on November 2-3, 2011 showcasing the most well-known and prestigious firms of Spain to the South Florida community. The law firms practice in areas ranging from Real Estate law, Telecommunications law, to Litigation and International Arbitration. If you or your firm is interested in collaborating on the event, please contact Beatriz Marfá-Linley, Embassy of Spain - Trade Commission Cultural Industries Department at bmarfa@comercio.mityc.es. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=49 You can view and download the Summer 2011 International Law Quarterly by clicking here. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=48 Dear Section Member: On behalf of the International Law Section of the Florida Bar, it is my pleasure to introduce the Section’s Officers for the 2011-2012 Bar year: Chair: Nicolas Swerdloff Treasurer: Peter A. Quinter Secretary: C. Ryan Reetz Chair Elect: Richard C. Lorenzo Immediate Past Chair: Edward M. Mullins On behalf of the Section, I also want to extend my gratitude to our Immediate Past Chair, Ed Mullins. Ed’s service and dedication to the Section during the past year has been immeasurable. Through his hard work and effort, we are a much stronger Section. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=47 You can view and download the Spring 2011 International Law Quarterly by clicking here. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=46 VERY IMPORANT MESSAGE from the Chair, Edward M. Mullins A few weeks back I mentioned a piece of legislation moving though the Florida House (HB 1273) and Senate (SB 1294) that threatened to radically change international law in this state. In a nutshell that Bill seeks to ban the use of foreign law in Florida’s courts and in arbitration. It purports to prohibit the enforcement of arbitration clauses, forum non conveniens, choice of forum and choice of law which would require the application of foreign laws that do not mirror the fundamental rights of the U.S. Unfortunately, on Monday the Florida Senate version of the bill passed in the Florida Judiciary Committee on a 5-2 vote. Your Leadership and your Legislation Chair, Eduardo “Eddie” Palmer, have put together a great team which wrote the Section’s position paper (click here to view the attached PDF) explaining why this Bill should not become law and received emergency approval this morning from the Florida Bar to lobby our state legislators to oppose the Bill. Special thanks to Members Carlos Osorio, Henk Milne, and Sean Santini for their assistance in making this happen. With the legislative session ending at the end of this month (yes, you read that right, it ends in three weeks), there is much that needs to be done in a very short time to ensure that Florida remains a viable forum for international business. If this bill passes either chamber, even if it eventually does not become law, our state’s reputation of being open to international issues could be irrevocably harmed. This bill has failed in many states, it cannot pass here. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=45 The Barcelona Bar Association which has a cooperation agreement with the Florida Bar International Law Section seeks two short-term, paid, internship opportunities for two young Spanish lawyers in Florida. Start dates, duration and pay are flexible. If you are interested in hosting an intern please contact Arnie Lacayo at alacayo@astidavis.com for additional details. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=44 ILS Membership Committee Co-Chair, Veronica Lacayo, is looking for speakers for ILS presentations at UF o­n "International Careers: Where are the jobs in today's economy"? UF has given the Section the following dates for the presentation: Wednesday 4/6 from 12-12:50; Thursday 4/7 either 10-10:50 or 1-1:50; Monday 4/11 from 1-1:50; Tuesday 4/12 from 12-12:50; Wednesday 4/13 from 12-12:50. If you are interested in participating at any of these times, please contact Veronica at vlacayo@yoss.com. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=43 You can view and download the Winter 2011 International Law Quarterly by clicking here. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=42 Section Members may be interested to know that Florida is now a "Recognised Foreign Jurisdiction" with the Solicitors Regulation Authority of England and Wales (“SRA"). As a recognized foreign jurisdiction, members of the Florida Bar are now eligible to become registered foreign lawyers in the U.K. Registration information is available here. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=41 The Membership Committee needs speakers for our presentation at Stetson on "Careers in International Law: Where the Jobs are in Today's Legal Economy." The presentation can be done any day, except Friday during the first two weeks of February and it will be from 12-1 p.m. If you are interested in participating, please contact Membership Co-Chair Veronica Lacayo at vlacayo@yoss.com. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=40 The ILS Pre-Moot VIS Competition is looking for volunteer arbitrators to serve as judges for 2011.  Mark your calendars for Saturday, February 26, 2011 and join us at the University of Miami.  For more information please contact Quinn Smith at Quinn.smith@smintlaw.com or Clarissa Rodriguez at Clarissa.rodriguez@smintlaw.com.  http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=39 You can view and download the Fall 2010 International Law Quarterly by clicking here. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=38 Menseses v. Carnival Corp., 2010 WL 3221953 (S.D. Fla., Aug. 4, 2010) Defendant brought a motion to dismiss and compel arbitration.  Plaintiff, a Philippine national, sustained injuries in the course of his employment on defendant’s cruise ships and alleged, inter alia, Jones Act negligence.  The parties had entered into a Seafarer Agreement, which pursuant to the New York Convention requires arbitration in a location close to the seafarer’s home country. The agreement in dispute contained a severability provision and a choice of law clause providing for the settlement of disputes “in accordance with the laws of the flag of the vessel on which Seafarer is assigned at the time the cause of action accrues.”  The court reviewed two conflicting 11th Circuit cases, Bautista v. Star Cruises, 396 F.3d 1289 (11th Cir. 2005) and Thomas v. Carnival Corp., 573 F.3d 1113 (11th Cir. 2009).  The Thomas court rendered an arbitration provision invalid because it would have deprived the plaintiff from its U.S. statutory rights under the Wage Act.  In the case at hand, the court first held a “fair reading” of Thomas indicates it applies to statutes such as the Jones Act.  Furthermore, there existed a “distinct possibility” that, were the choice of law provision to be upheld, U.S. law would not be applied and the plaintiff would receive no reward.  In light of the severability clause, the court struck the choice of law provision from the Seafarer’s Agreement, sending the plaintiff’s claims to arbitration applying U.S. law.  http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=37 USTR Notice in Federal Register Submissions Due in November On September 24, 2009, the Office of the United States Trade Representative (USTR), by way of notice in the Federal Register, called on US businesses to submit their reports on laws, regulations, policies and practices of foreign countries that are significant barriers to US exports and investments, including but not limited to licensing requirements, tariffs, lack of intellectual property protection and government corruption. This annual practice is for the creation of the National Trade Estimates Report on Foreign Trade Barriers (NTE) that must be created every year under federal law. The NTE is used by the US government in setting its trade agenda and priorities for negotiations and enforcement. This year's notice for the 2010 NTE also includes a request for comments on the sanitary and phytosanitary measures (SPS) and standards-related measures of foreign countries that result in a significant barrier to US businesses. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=36 By Jason Blatt - 包杰生 Associate 14F, 116 Nanking East Road, Section 2, Taipei 104, Taiwan 台灣104台北市南京東路二段116號14樓 TEL: +886 2-2531-5816 ext. 724 FAX: +886 2-2531-5814 DIRECT: +886-2-2536-9724 EMAIL: JBlatt@pamirlaw.com Foreign investors and multinational businesses are closely monitoring opportunities arising from China-Taiwan interaction after last year’s election of Taiwan President Ma Ying-jeou produced a rapid warming in China-Taiwan relations. Developments that multinational businesses have been awaiting for years are finally starting to materialize, such as direct commercial aviation and shipping links, the easing of Taiwan’s restrictions on investments in China, Taiwan’s opening up to investment by Chinese companies and individuals, reduced tariffs on goods traded between both sides and Taiwan’s welcoming of Taiwan-owned offshore companies with operations in China to list on Taiwan’s stock exchange and over-the-counter market. Taiwan has recently enacted new incentives for multinational companies establishing Greater China regional headquarters, warehousing operations and R&D facilities on the island and China and Taiwan are also presently negotiating a free trade framework agreement that foreign companies operating in both jurisdictions will also be able to take advantage of. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=35 On June 15, 2009, the U.S. Supreme Court granted certiorari, for the second time this decade, to decide whether the Federal Arbitration Act (FAA) permits class arbitration where the arbitration clause is silent on the matter. See Stolt-Nielsen S.A., et al., v. Animalfeeds International Corp., 548 F.3d 85 (2d Cir. 2008). Customer and commercial agreements increasingly contain arbitration clauses to standardize the resolution of disputes. Attempts to implement their explicit written provisions or silence about class arbitrations have met with mixed results. The grant of certiorari presents an opportunity for the Supreme Court to provide needed clarity on the issue. This case presents an opportunity for the Section to present its views on this important matter. The Section should consider how best to address this opportunity. Richard C. Lorenzo Partner Hogan & Hartson LLP Mellon Financial Center 1111 Brickell Avenue, Suite 1900 Miami, Florida 33131 Tel: +1.305.459.6652 Fax: +1.305.459.6550 E-mail: rlorenzo@hhlaw.com www.hhlaw.com http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=34 by Peter A. Quinter, Esq. Becker & Poliakoff, P.A. 121 Alhambra Plaza 10th Floor Coral Gables, FL 33134 954.270.1864 Cell 305.442.2232 Fax PQuinter@becker-poliakoff.com U.S. Customs and Border Protection officers have extensive legal authority to stop, search, and detain persons and cargo arriving into or going out of the United States. U.S. Customs has been particularly vigilant in Florida in enforcing the trademark and copyright laws so that infringing or counterfeit merchandise does not enter the commerce of the United States, or even transit through the United States. Although it is perfectly legal for an arriving international passenger to import one counterfeit item, such as an expensive, fancy watch or handbag, it would be illegal for that same person to attempt to import into the United States two such counterfeit watches or handbags. Customs officers would examine, detain, then seize counterfeit merchandise and place the burden on the owner of the merchandise to explain that it is either not counterfeit or to attempt to obtain the trademark or copyright owner's approval for Customs to release the merchandise. Nationwide, Customs seizes hundreds of millions of dollars of counterfeit merchandise each year. Moreover, Customs issues millions of dollars of fines against counterfeiters who have already had their merchandise seized and forfeited. Through private customs attorneys, such seizures may be remitted and fines may be cancelled or mitigated. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=33 Jennifer Kreder - 2009 ILS Vienna Retreat Speaker Summary Nazi-looted art has been the subject of much litigation recently and many news reports. In particular, many of the recent claims arise out of events that occurred in Vienna, Austria, the site of our conference, in the aftermath of the 1938 Anchluss of Austria into the Third Reich. Given both the vast magnitude of unrestituted Nazi-looted art and the revival of research into newly opened World War II-era governmental archives, the rise in interest in Nazi-looted art is not surprising even though sixty years have passed since the end of the war. Professor Jennifer Anglim Kreder of Chase College of Law at Northern Kentucky University explained the history and evolution of claims to artworks displaced during the Nazi era. She has been working on and studying Holocaust litigation since 1999, with a particular emphasis on art claims. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=32 Mark Ellis - 2009 ILS Vienna Retreat Speaker Summary In 1999 I stood among a sea of 20,000 desperate people on a dirt airfield outside Skopje, Macedonia, listening to one harrowing story after another. I had come to the Stenkovec refugee camp to record those stories and to help set up a system for documenting atrocities committed in Kosovo.