The International Law Section Gazette |
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Dear ILS Members,
We are only two weeks out until iLaw 2022, our flagship one-day global forum featuring great programming in international arbitration, international litigation, and international transactions. This year’s line-up is particularly strong, hitting all of the hottest and most important topics in our chosen field which you really need to know about for your practice. In other words, don’t risk having your figurative international lawyer card revoked. Sign-up now using these links to the program, registration and hotel reservations:
And while we are on the subject of registering, let’s talk Bimini! Registration for the ILS Spring Retreat from April 29th to May 1st in the Bahamas is open and space is limited. Sign-up now for the complimentary welcoming cocktail reception, breakfast and Saturday night dinner at this link. The hotel rooms at the World Resorts Bimini Hilton are also now available at a highly discounted rate for ILS members at the following link:
For this Retreat, the journey is part of the destination, and getting there can be half the fun. Reserve your seat on a flying boat, a fast ferry boat or with an airline by following this link: Transportation Services To Bimini Bahamas | Resorts World Bimini (rwbimini.com). Or maybe you want to stowaway with one of our members who are taking their own boats across the Gulf Stream, weather permitting. If so, make sure to attend iLaw where that will be an important and frequent topic of discussion.
As of now, with proof of Covid vaccination, you will merely need a negative Rapid Antigen Test (the easy one) within 72 hours before arrival in order to obtain a Bahamas Travel Health Visa online at the following link: http://travel.gov.bs. If you are not vaccinated, you will need a negative PCR test to obtain the Health Visa.
Be International when you attend iLaw. Go International when you attend our Retreat in the Bahamas.
James M. Meyer
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iLaw2022 - Registration Open! |
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Registration for iLaw2020 is now OPEN! Please join the International Law Section on April 1, 2022, for its flagship one-day conference featuring great programming in international arbitration, international litigation, and international transactions. Please find links as follows:
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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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ILQ Call for Pictures and Retrospectives on Twenty Years of iLaw!
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The iLaw Conference turns TWENTY this year! Although known by different names over the years, the ILS’ flagship annual conference (and the people who made it happen) deserve to be celebrated as the iLaw reaches this milestone!
The editors of the ILQ have decided to publish an editorial on “Twenty Years of iLaw” in the Spring 2022 International Law Quarterly, and we need your help to do it right! We want your photos, brochures, and mementos from past iLaw Conferences (which may have been known at the time as the ILAC, the ILAT, the IBT, etc.) If you have a favorite iLaw memory (e.g., a speaker, panel, luncheon, or something else), we want that too!
Please dig out your photos and treasures from iLaw’s past and send them to EditorsILQ@gmail.com or one of the editors directly (Laura Reich, Jeff Hagen, or Neha Dagley). If you are willing to write a short retrospective on iLaw or about a favorite memory, please do and submit that to the same email address. We hope to gather information from past-conference Chairs, speakers, and attendees to put together a special “look back” on twenty years of our favorite conference! Deadline for submission is April 8, 2022.
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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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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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March 25, 2022 - ABA's International Arbitration Skills Masterclass |
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The International Law Section is pleased to be supporting the ABA International Arbitration Masterclass, a two-day hands-on virtual training program, delivered by some of the world’s leading international arbitration lawyers, on March 24-25, 2022. The Masterclass, which is aimed primarily at junior to mid-level practitioners, will comprise a mixture of panel discussions and practice sessions, covering all aspects of an arbitral hearing (opening statements, examination of witnesses, examination of experts, and closing statements). To register, please follow this link. As a sponsor and organizer of the Masterclass, our friends at JAMS would like to extend one complimentary registration to an ILS member to participate in the Masterclass (a $450 value). This complimentary registration will be awarded to the first individual to read this message and contact Sherman Humphreys at shumphrey@jamsadr.com.
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March 28, 2022 - AIJA's Americas Meeting |
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The AIJA invites all ILS Members to join it for the AIJA's Americas Meeting to take place in Miami on Monday, March 28, 2022. The event, jointly organized with the University of Miami Law School, and counting on the International Law Section as a supporting organization, will be free of charge. The AIJA President, Anna Wyrzykowska, will moderate a panel featuring Professor Patricia White, Dean Emerita of the University of Miami School of Law, and Jim Meyer, Chair of the International Law Section, providing an engaging discussion about the ultimate challenges, opportunities, and trends connected with the law and its practice in the region and worldwide. Two academic sessions will take place during the afternoon program, followed by a networking reception and an optional dinner. To register, please follow this link. The full program is available here.
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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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