Independent and Transparent Judicial System and Pro Arbitration Legal Culture

New Federal Courthouse in MiamiOne of the most critical components necessary to establish a suitable venue for hosting international arbitration disputes is the existence of an independent and transparent judicial system that has a legal culture which favors arbitration. While the passage of legislation favoring international arbitration and similar measures designed to enhance the arbitration climate in a given jurisdiction are important and necessary, the international business community will not feel confident in selecting a particular location as the seat of an arbitral dispute unless it believes in the integrity of the relevant local and national court systems. Courts are critical to the arbitration process, because they are often called upon to conduct legal proceedings that are ancillary to, or otherwise in aid of, ongoing arbitrations. Such proceedings include efforts to compel or stay arbitrations, requests for interim relief in the form of injunctions, selection and appointment of the tribunal, enforcement of subpoenas issued by tribunals, and various other proceedings, including efforts to either confirm and enforce or vacate arbitral awards.

"A strong and independent judiciary that enjoys a reputation for honesty, efficiency, and transparency."

The United States is fortunate to have a strong and independent judiciary, and its local and national court systems enjoy a well-deserved reputation for honesty, efficiency, and transparency. The United States government and the State of Florida expend considerable resources in order to build, maintain, and operate a first rate judicial system and to pay and train qualified jurists. In addition to the experience, training, and integrity of its judiciary, the legal culture in the United States has strongly favored the use of arbitration for over half a century. Moreover, because of Miami's position as the commercial gateway to Latin America, our state and federal courts have vast experience in dealing with complex commercial disputes of an international nature. The immense volume of such international legal disputes litigated in Florida has augmented and refined Florida's body of international commercial law. Thus, whether called upon to provide interpreters in various foreign languages or to apply foreign laws, courts in Miami have the resources and experience necessary to properly adjudicate legal issues related to international arbitration proceedings and can be counted on to do so in an efficient, fair, and transparent fashion.