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Miami: An International Arbitration Center for the Americas and Beyond PDF Print E-mail
Brickell BuildingOne of the major benefits of international arbitration is that the parties to a commercial agreement are free to select the location where international arbitration proceedings will be conducted in the event that a dispute arises. This decision is usually made during the initial stage of the commercial relationship when the parties are negotiating the dispute resolution clause in their contract. Because parties embarking on a new venture are understandably more focused on the contractual terms relating to the anticipated success of their endeavor, the terms of the dispute resolution clause are often times cobbled together at the last minute without much thought, using clauses from prior contracts which may contain hidden defects that may create significant legal problems later or even render the clause unenforceable. Accordingly, in-house counsel and outside firms advising their clients during such negotiations should carefully consider such clauses and should take great care when selecting the location where any potential international arbitration proceedings will occur.

Business executives and legal practitioners involved in contractual negotiations relating to commercial transactions in the Americas and elsewhere are increasingly selecting Miami as the seat for international arbitration disputes. Due to a variety of factors, Miami has emerged as a viable and preferable alternative to traditional international arbitration centers such as London, Paris, New York, or Geneva, in terms of a venue for arbitral disputes arising from throughout the Americas and beyond. This includes disputes related to the increasing amount of Asian investment in Latin America. Miami's emergence as an international arbitration center is based on the development of a sound and multifaceted infrastructure to support international arbitration and the existence of innate qualities that provide it a competitive advantage over other jurisdictions in the region.

Because of its extensive commercial and cultural ties to Latin America, the State of Florida has enacted targeted legislation and regulations over the course of the last three decades designed to provide a sound and sophisticated legal framework to promote international arbitration in Florida. This legal framework includes modern international arbitration legislation and progressive rules that permit parties to use their legal counsel of choice to represent them in international arbitration proceedings conducted in Florida, including counsel from a foreign jurisdiction who is not admitted to practice law in Florida. Another critical piece of the infrastructure in Miami is the existence of an independent and transparent judicial system with vast experience in handling legal proceedings ancillary to international arbitration matters. The professionalism and integrity of our judiciary means that the business community can be confident that any ancillary court proceedings relating to arbitration matters will be handled in a fair and efficient fashion. Miami also benefits from the support provided by its leading universities, which continue to make a substantial contribution to teaching, research, and publication in the area of international arbitration, and from the fact that it serves as the host city for international arbitration conferences organized by the world's leading international arbitration organizations.

Miami is also a thriving international and cosmopolitan city with a large workforce of first-class bilingual and multilingual professionals, such as attorneys, accountants, engineers and others, who have extensive knowledge and experience in international arbitration. In addition, Miami is a more convenient and far less expensive location to host international arbitration proceedings relating to disputes arising in the Americas and elsewhere than traditional arbitration centers such as New York or the previously mentioned cities in Europe. The nightlife, fine dining, year-round sunshine, and beautiful beaches in Miami also make it an exciting place to visit. Taken together, these various factors combine to help make Miami an ideal forum to conduct international arbitration proceedings.
 
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