Frequently Asked Questions

International arbitration is a private dispute resolution process used to resolve cross-border commercial disputes outside of national courts. Unlike litigation, arbitration proceedings are typically confidential, the parties can select their arbitrators, and awards are enforceable in over 160 countries under the New York Convention. Major arbitration institutions include the ICC (International Chamber of Commerce) and the AAA (American Arbitration Association).

Miami's position as a gateway between the United States, Latin America, and the Caribbean makes it a natural center for international commercial disputes. The Southern District of Florida handles a significant volume of cross-border litigation, and Miami hosts numerous international arbitration proceedings. Florida attorneys with international arbitration experience understand the unique procedural and substantive law issues that arise in cross-border disputes.

Yes. Florida has adopted the Uniform Foreign-Country Money Judgments Recognition Act, which provides a framework for recognizing and enforcing foreign money judgments in Florida courts. International arbitration awards can also be enforced under the Federal Arbitration Act and the New York Convention. However, enforcement is not automatic and requires a court proceeding where certain defenses may be raised.

The FCPA is a U.S. federal law that prohibits paying bribes to foreign government officials to obtain or retain business. Given Miami's extensive international business connections, FCPA compliance is a significant concern for companies operating in Latin America, the Caribbean, and other international markets. Violations can result in severe criminal and civil penalties for both companies and individuals.

The most common antitrust violations include price fixing (competitors agreeing to set prices), market allocation (dividing markets or customers among competitors), bid rigging (coordinating bids on contracts), monopolization (using market power to exclude competitors), and tying arrangements (requiring customers to buy one product to get another). These violations can be prosecuted under federal antitrust laws including the Sherman Act and the Clayton Act.

Under the Clayton Act, a successful plaintiff in a private antitrust action can recover three times their actual damages (treble damages), plus reasonable attorney's fees and costs. This treble damages provision is designed to deter anticompetitive conduct and incentivize private enforcement of antitrust laws. The potential for treble damages makes antitrust claims among the highest-stakes commercial disputes.

Yes. Federal and state antitrust laws protect businesses of all sizes from anticompetitive conduct. A small business that has been harmed by a competitor's monopolistic practices, price fixing, or other antitrust violations can bring a private action seeking treble damages and injunctive relief. An experienced antitrust attorney can evaluate whether the facts support a viable claim.

A civil RICO (Racketeer Influenced and Corrupt Organizations Act) claim allows a person or business injured by a pattern of racketeering activity to sue for treble damages and attorney's fees. Racketeering activity includes fraud, bribery, extortion, and other specified offenses. To bring a civil RICO claim, the plaintiff must demonstrate a pattern of at least two acts of racketeering activity conducted through an enterprise that caused injury to the plaintiff's business or property.

Tortious interference occurs when a third party intentionally and unjustifiably interferes with an existing or prospective business relationship, causing damage. In Florida, a plaintiff must prove: (1) the existence of a business relationship or advantageous business opportunity, (2) the defendant's knowledge of the relationship, (3) intentional and unjustified interference, and (4) resulting damages. This claim is commonly brought in competitive business disputes.

Actual fraud requires proof of an intentional misrepresentation of a material fact made to induce reliance, and the plaintiff must show they justifiably relied on the misrepresentation and suffered damages. Constructive fraud does not require intent to deceive but instead involves a breach of a legal or equitable duty that results in damage to the party to whom the duty was owed. Both can give rise to significant damages in commercial litigation.

Florida's construction defect statute (Chapter 558, Florida Statutes) requires that before filing a lawsuit, the claimant must serve a written notice of the claim on the contractor or design professional. This pre-suit notice and repair process gives the contractor an opportunity to inspect the defect and offer a repair or settlement. An experienced construction litigation attorney can guide you through this mandatory pre-suit process and protect your rights.

A mechanic's lien is a legal claim against a property by a contractor, subcontractor, or material supplier who has not been paid for work performed or materials furnished. In Florida, the lien must be recorded within 90 days of the last work performed or materials furnished. Strict compliance with Florida's lien law requirements is essential, as procedural errors can invalidate the lien.

Commercial real estate disputes in Florida can be resolved through negotiation, mediation, arbitration, or litigation depending on the terms of the underlying agreements and the nature of the dispute. Many commercial real estate contracts contain arbitration or mediation clauses. When litigation is necessary, these cases are typically heard in Florida circuit court or, when diversity jurisdiction exists, in federal court.

When selecting a commercial litigation firm, consider the attorneys' trial experience, their track record in cases similar to yours, their familiarity with the relevant court or arbitration forum, and the level of personal attention they provide. Firms with partners who have experience at major national firms can offer sophisticated legal strategies while maintaining the responsiveness and client focus of a smaller practice.

Boutique litigation firms offer several advantages: direct access to senior partners rather than delegation to junior associates, more cost-effective representation without large-firm overhead, greater flexibility in fee arrangements, and focused expertise in litigation rather than diluted attention across many practice areas. Partners at boutique firms who previously practiced at major national firms bring the same legal sophistication with more personalized service.

While Kline & Kline, P.A. is based in Coral Gables, Florida, the firm has handled matters in multiple jurisdictions. The firm's experience with international arbitration under ICC and AAA rules extends its reach to disputes involving parties worldwide. For matters in other states, the firm can coordinate with local counsel while leading litigation strategy.