The International Law Section Gazette |
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Dear ILS Members,
Either you were there or, by now, you must have heard, the 2022 i-Law Conference lived up to all of the hype and was undeniably an unmitigated success. Congratulations to the iLaw Committee Chair Cristina Vicens Beard and the Transactional and Litigation Track Co-Chairs, respectively, Jeff Hagen, Nouvelle Gonzalo, Adrian Nunez and the Gazette’s very own Editor-In-Chief, Davide Macelloni, for exceeding all expectations under challenging circumstances. So, now its time for the ILS to celebrate and relax a little bit. Three weeks from today, we will be enjoying ourselves at the ILS Spring Retreat in Bimini, Bahamas, with a complimentary cocktail party, breakfast and dinner, not to mention snorkeling excursions and tours of the island and some very cool ILS swag. The rooms are selling out and the seats on the boats and planes to take you there and bring you back are nearly filled. So, register at the links below right away before it’s too late.
Now, breaking news! According to Terry Hill, the Division Director for Programs at The Florida Bar, the ABA Board of Governors adopted a new Diversity, Equity, & Inclusion CLE Policy on April 5, 2022, removing the quota/numerical elements of their policy, which The Florida Bar has reviewed and determined that it complies with The Rules Regulating The Florida Bar 6-10.3(d) as amended last year with an effective date of January 1, 2022. Based on this determination, The Florida Bar will begin to review Applications for Continuing Legal Education Accreditation submitted by the ABA in accordance with the Bar’s course approval guidelines for ABA courses that have a delivery date or course date on or after April 5, 2022. In other words, as of this week, CLE credits which you earn from ABA programs after this week will now likely be allowable by the Florida Bar. Late last year, the ILS filed a comment with the Supreme Court in objection to the amended rule, which objection was overruled by the Supreme Court. As Mick Jagger sang, “You can’t always get what you want but if you try sometimes you get what you need.”
Signed, “Mr. Jimmy”
James M. Meyer
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ILS Retreat in Bimini - Registration Now Open! |
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Registration for the ILS Retreat in Bimini is now OPEN! Please join the International Law Section on April 29 - May 1, 2022, as we finally go "International." Please book your own travel to arrive at the ILS Retreat in Bimini by fast ferry from Ft. Lauderdale, seaplane from Miami, or a “regular” plane with wheels for landing gear. Weather permitting, you might also want to hitch a ride with one of our members on their private vessels or aircraft. Besides the professional comradery we are all accustomed to at ILS retreats, we will have the opportunity to meet with and hear from some of our colleagues from the Bahamas over breakfast on Saturday with the World-Famous Bimini Bread. We will also leave time to enjoy some fishing, diving, and lounging at the infinity pool above the crystal blue waters of the Gulfstream. Afterwards, maybe you want to enjoy a game of ring toss at the End of the World Sand Bar, a favorite watering hole of Ernest Hemingway, Adam Clayton Powell and Jimmy Buffett at the end of the road in Alice Town. Enjoy this special event for the Section and all the splendor that comes with a weekend among friends on the Islands in the Stream. To register, please follow this link. For hotel registration, please follow this link.
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Legal Lessons Learned During Supply Chain Crisis and Contractual Changes to Consider |
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By Tiffany N. Comprés
The pandemic affected more aspects of our lives than we were prepared to tackle. Most famously discussed to date is the disruption of the international supply chain. The labor shortage, increasing demand, and logistics issues all coalesced into the supply chain crisis we are currently battling and will continue to fight.
Interestingly enough, these same supply chain issues are not foreign to those familiar with international trade. In fact, the pandemic only exacerbated common trade dilemmas. As a result, the atmosphere in trade is ripe for dispute. Now is the time to analyze lessons learned from the supply chain crisis and reevaluate legal processes in terms of trade, emphasizing the importance of clear contractual language and dispute resolution clauses.
Finding Flexibility in Contracts
Current contracts the community typically uses are outdated and do not reflect the modern-day landscape. Due to globalization and the pandemic there is a higher risk of complications, making it even more important to be prepared for the unexpected. Therefore, ensuring flexibility is key when taking a second glance at import/export agreements.
For the seller or supplier, work in extra time buffers for shipping goods. The supply chain ecosystem is delicate, and any slight disruption can cause a domino effect of delays that may result in a supplier unintentionally breaching a contract.
Risks materialize, have you clearly allocated that particular risk between the parties within the contract terms? This is especially important when handling perishable goods or goods that may be subject to unexpected tariffs or sanctions. For example, free on Board (FOB) indicates the responsibility for the goods transfers from the seller to the buyer when the goods arrive at the port ready for loading, whereas delivered duty paid (DDP) transfers the responsibility at the buyer’s loading dock. A dispute resolution provision should also be included and require parties to engage in alternative dispute resolution, such as mediation. Such a clause must be well drafted, however, to have the intended effect. Last but certainly not least, include an arbitration clause to ensure that any judgment rendered on a dispute can be executed globally with ease.
Another point of interest has been force majeure clauses, waiving liability if unanticipated events occur, such as the pandemic or now, international sanctions against Russian banks, as well as certain imports and exports. If not thoughtfully considered, a court could construe the clause narrowly with unintended results. Almost three years into the pandemic, the force majeure defense has become even more nuanced. When labeling a pandemic within a force majeure clause, careful wording should be included to not only acknowledge the existence of a pandemic, but also to specifically narrow the terms of any government regulations that can excuse a party from fulfilling their obligations under the contract.
A Dive Into the CISG
In the case of international sales of goods, the United Nations (U.N.) Convention on Contracts for the International Sale of Goods (CISG) may be applicable, already embedding a force majeure clause within the deal. The U.N. brought the CISG treaty into existence in 1980 to establish a uniform framework for international commerce as all industries became exponentially more global. Since its inception, the treaty has been ratified by 93 countries, including the United States.
The CISG is a self-executing treaty, which means that it doesn’t have to be implemented by each government to have effect. Generally speaking, when a U.S. party and a non-U.S. party are involved in a transaction for the sale of goods, this international law applies, unless it is expressly excluded.
Attorneys often overlook the CISG, especially within the United States, where limited education on the treaty exists at the law school level. If interested in replacing CISG force majeure clauses within a contract, clear verbiage must be included. In general, businesses and attorneys need to be better educated on this treaty and carefully consider the jurisdiction that applies to their contracts.
Demurrage and Detention Charges
Demurrage and detention (D&D) charges are one of the most pressing issues clients are facing right now. Under the Shipping Act of 1984, a marine carrier cannot “fail to establish, observe, and enforce just and reasonable regulations and practices relating to or connected with receiving, handling, storing, or delivering property.” See 46 U.S.C. Section 41102(c).
The Federal Maritime Commission (FMC) started issuing guidance on D&D charges in recent years, enacting an “Interpretive Rule on Demurrage and Detention Under the Shipping Act” in May 2020, which essentially expanded the factors the FMC can consider when assessing the reasonableness of D&D practices.
To get D&D rates deemed “unjust or unreasonable,” a claim must be filed with the FMC under its administrative disputes procedure. Most importantly, claims must be timely, and all interactions should be documented.
Finally, as previously stated, importers and exporters must consider including alternative dispute resolution clauses in their contracts. Without any solution on the horizon, the supply chain will continue to be turbulent and costly litigation will only exacerbate these issues. International arbitration often provides a faster and easier path to solving disputes between businesses in today’s connected and politically charged world.
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*Tiffany N. Comprés, a partner with Fisher Broyles, LLP, represents U.S. and non-U.S. companies as an advocate in international arbitration and litigation, and also serves as an arbitrator in international arbitrations. Her experience encompasses a range of disputes, and she has extensive experience in the international agriculture, food, logistics, distribution, heavy machinery, and energy sectors. Having worked in the United States, France, and Italy, Tiffany regularly handles cases in English, Spanish, and French. She practices in all of the world’s major arbitration centers and under all the major arbitration rules, as well under as industry-focused rules including the DRC Rules (Fruit & Vegetable Dispute Resolution Corp.) and the AFI Rules (Association of Food Industries). She also handles all forms of international discovery, international award and judgment enforcement and collection, and Hague Convention procedures. |
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Call for Members: Europe Committee |
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Given the increasing interest of our members, the Florida Bar International Law Section has established a Europe Committee.
The purpose of this committee is to cover legal and policy related developments in Europe. Beyond this general purpose, the committee will lead efforts to develop and maintain professional and cultural ties with legal and other professionals in Europe. Additionally, the committee will work to foster professional relationships between members of The Florida Bar and members of the various bar associations in Europe. Lastly, the committee is planning to organize events/webinars to improve understanding of the various legal, economic and cultural frameworks in various parts of Europe.
Please contact the Chair of the Europe committee Susanne Leone at sleone@leonezhgun.com to obtain more information and to join the committee.
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ILS Members! Your good friends on the Int’l Law Board Certification Committee want YOU to apply to become Board Certified in International Law. Here’s how you can earn credits! Apply today!
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Be a Mock Arbitrator at the ILS Richard DeWitt Memorial Vis Pre-Moot Competition (8.5 CLEs) Email Adrian Nunez for details (Nuneza@gtlaw.com)
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Make Plans to the Attend the iLaw 2022 Global Forum on International Law this April 1, 2022 (8.5 CLEs)
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Make Plans to Join Us at the ILS Retreat April 28-30 at Bimini (2-4 CLEs)
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Attend ILS Webinars! In person and on-demand at The Florida Bar (2-6 CLEs per course) Go to https://member.floridabar.org/TFB_CLECourseProdSearchResults?opPrms=International+Law&optType=4
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Prepare and Present an ILS Webinar. Want to learn more? Email Katherine Sanoja for your next big presentation (3-6 CLEs per course) (katherine.sanoja@gstllp.com)
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Publish an Article in the ILQ. Email Laura Reich, ILQ Editor, with your pitch (3-6 CLEs per article) (Laura@reichrodriguez.com)
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Did you write a Chapter for the ILS Desk Reference Book? Did you give a Webinar? Publish in the ILQ? Receive Credit. Email Clarissa Rodriguez for details (Clarissa@reichrodriguez.com)
WHO MAY APPLY?
Minimum standards for international law certification, provided in Rule 6-21.3, include:
· Practice of law for at least five years, in either the United States or abroad, or four years with an LL.M. in international law or a related field;
· Substantial involvement in the specialty of international law — 50% or more — during each of the three years immediately preceding application;
· 60 hours of approved international law certification continuing legal education in the three years immediately preceding application;
· Peer review; and,
· A written examination.
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The ILS Participation Challenge |
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The ILS Executive Board invites all ILS Members to compete in the 1st Annual ILS Participation Challenge and win amazing prizes and, more importantly, bragging rights. Here is how it works:
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Download your ILS Participation Challenge “bingo” card using this LINK, or come pickup your “hard card” at our upcoming September 22, 2021 cocktail event with the Haitian Lawyers Association to benefit the Ayiti Community Trust (see the invitation in the Gazette below). You will note that you can also check-off a square by attending that same event.
- To win, you must be an ILS member. If you want to play but are not a member, then you have yet another compelling reason to join!
- Mark the tiles on the ILS Participation Challenge “bingo” card as you complete each activity or event marked on that tile.
- You may only mark one tile per event or activity and only during the period from June 30, 2021 until the June 2022 Executive Council Meeting.
- Bring your marked ILS Participation Challenge card to the June 2022 Executive Council meeting OR scan and submit your card to me by that date.
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Any ILS member to mark the most squares (regardless of their position on the card) will enter the competition in the form of a drawing to win the first place prize: free attendance for one (1) at the next ILS retreat (including hotel, meals and other VIP treatment).
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Any ILS member that covers the card with two diagonal lines, from corner to corner (in the form of an “X”) will enter the competition in the form of a drawing to win second place prize: one complimentary ticket for iLaw2023.
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Any ILS member that completes any 5 consecutive squares (vertical, horizontal, or diagonal) will enter the competition in the form of a drawing to win third place prize: dinner for two at il Gabbiano in Downtown Miami.
Ready, set, GET INVOLVED WITH THE ILS!
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International Law Deskbook 2020
The International Law Section is proud to announce that its International Law Deskbook 2020 is now ready for shipping! Get yours today!
To purchase the International Deskbook 2020, please click HERE to log into your account on the Florida Bar's website. Once logged in, please click HERE to search for the International Deskbook 2020 by entering the course number 4039. You will then find the International Deskbook 2020 under "Course Materials."
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Join the International Law Section
If you are reading the Gazette, chances are that you are a practitioner or a student with an interest in International Law, one of the most wide-ranging, exciting and challenging legal specialties. Everyone in our field knows how crucial it is to stay on top of diverse and evolving national legal regimes, and at the same time, the difficulty of keeping meticulously up-to-date on developments around the world.
The International Law Section (ILS) of The Florida Bar is here to help you, the practitioner, navigate both the everyday and big-picture challenges of our field. Our Section is your forum to share knowledge and best practices, and to meet and mingle with peers in professional collaborations that can only enhance your grasp of the specialty and your standing among clients and peers.
Let ILS membership assist you in developing a thriving international practice through peer network development that includes important shared learnings and reciprocal referrals of clients and casework.
If your practice transcends borders, join us in making this the authoritative, go-to forum for Florida and the gateway to the region for anyone practicing International Law. Our Section is open to lawyers from other states and countries, full-time faculty at U.S. law schools, and full-time U.S. law students, all of whom may participate as associate members. For more information regarding membership with the ILS, click HERE.
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April 12, 2022 - Update on Expedited Arbitration |
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The Florida Bar International Law Section invites all members to join the Miami International Arbitration Society on April 12th for its Membership Meeting at Shook Hardy & Bacon's Miami Office at 201 S. Biscayne Blvd., Suite 3200, Miami, FL 33131. John Barkett, Partner at Shook Hardy & Bacon, LLP and Chair of the MIAS Task Force, will be featured during the programming titled "Update on Expedited Arbitration: Task Force Reports on Behalf of MIAS at Uncitral Working Group II." For more information and to RSVP to the event, please email Ines Calderon at ines@calderonassociates.net.
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April 22, 2022 - Hong-Kong Gateway to China - Miami Gateway to LatAm |
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The Asia Committee of The Florida Bar International Law Section is excited to present a joint program with The Law Society of Hong. The event will take place on April 22, 2022, at 8:00 a.m.-9:30 a.m. EDT. The program is titled “Hong Kong Gateway to China – Miami Gateway to Latin America.” It will cover a comprehensive exchange of ideas and information, including factors that make Miami and Hong Kong uniquely attractive to foreign companies and investors, the nuances of business formation laws and requirements, and real estate issues.
Professor Manuel Gomez and Tiffany Compres will present on behalf of The Florida Bar ILS. Ms. Olivia Kung and Ms. Louise Wong will present on behalf of The Law Society of Hong Kong. Additionally, Mr. Amirali Nasir, VP and Chair of the International Affairs Committee of The Law Society of Hong Kong, will moderate a Q&A session. Mr. C. M. Chan, President of The Law Society of Hong Kong, will provide opening remarks together with Susanne Leone, Past Chair of the Asia Committee. Neha S. Dagley, Chair of the Asia Committee of The Florida Bar ILS, will serve as M.C. for the live webinar. To register, please follow this link.
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April 27, 2022 - Lunch&Learn with Francesca M. Russo |
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The Florida Bar International Law Section invites all members to join its Lunch&Learn on April 27, 2022, at 12:00 p.m. The event, which will be in-person but also streamed virtually, features Francesca M. Russo, Shareholder at Gray Robinson. Francesca focuses her practice on intellectual property law and litigation, commercial litigation and alternative dispute resolution. She has worked with a broad range of clients both domestic and international on all phases of the litigation process before federal and state courts in various areas of commercial litigation, including but not limited to breach of contract and tort claims, civil theft, trade secrets, trademark litigation, transportation litigation, real estate litigation, corporate and business litigation, directors and officers liability, and fraud. in addition to litigation, Francesca has extensive experience in alternative dispute resolution. A graduate of McGill University and Ottawa University Law School, Francesca earned her J.D. from Nova Southeastern University upon moving to the United States. To register for the event, please email Matthew Valdez of Fiduciary Trust International at Matthew.Valdez@ftci.com.
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The International Law Quarterly - Winter 2022 |
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The Winter 2022 Issue of the International Law Quarterly - Focus on Legal Globalization is now available. Click on the image above to download! For all previous issues of the International Law Quarterly, please follow this link.
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The ILS Thanks its Sponsors
In light of what we accomplished this past year, we hope you will continue to support the Section as a sponsor. In 2019-2020, various firms, companies and suppliers sponsored the Section.
We look forward to another year of innovative programs where we can advance international law and further promote our sponsors. To learn more, read the Section's sponsorship package. You can also contact our Treasurer, Ana Maria Barton at abarton@reedmith.com, or Vice Treasurer, Cristina Vicens Beard at cvicens4@gmail.com for more details.
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The ILS Gazette
Editor: Davide Macelloni
Chair: James M. Meyer
Immediate Past Chair: Robert J. Becerra
Chair-Elect: Jacqueline Villalba
Secretary: Richard Montes De Oca
Treasurer: Ana Barton
Vice-Treasurer: Cristina Vicens Beard
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© 2022. All Rights Reserved. |
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