Your contract has an arbitration clause seated in Miami or naming the ICC or ICDR, or you hold or face a foreign award. Law Offices of Aaron Resnick represents parties in the arbitration and in the Florida court proceedings around it, since 1998. The firm acts as counsel for the party, never as the arbitrator.
The first review should distinguish an arbitration that is about to begin from an existing hearing or a completed award. Each starts with a different record. A contract naming ICC, ICDR or another institution also requires the applicable rules and procedural notices, not just the paragraph containing the word arbitration.
What law governs an international arbitration seated in Miami?
The answer depends on the agreement, the legal seat and the dispute's international character. Florida's international arbitration act, federal arbitration law and an applicable treaty may interact. Institutional rules govern additional procedure when incorporated. The law deciding the contract dispute is a separate question from the law supervising the arbitration.
Chapter 684, the Florida International Commercial Arbitration Act, defines its scope in section 684.0002, subject to applicable international agreements. Federal law also matters. 9 U.S.C. section 202 identifies agreements and awards within the New York Convention framework; section 208 addresses supplementary federal arbitration provisions where no conflict exists.
The seat is the arbitration's legal location. It is not necessarily where every witness appears. Section 684.0031 distinguishes the agreed place from meetings or hearings elsewhere. A remote hearing does not answer which courts supervise the case.
Read the institution, applicable rule edition, appointment process and procedural orders. The firm's existing arbitration representation service describes party representation, including institutional and ad hoc matters and post award proceedings. An international engagement should identify those responsibilities in relation to the particular clause, institution and court proceeding.
Keep a working separation between the claim's merits, the tribunal's authority and any request to a court. An objection should identify the particular provision and event, rather than assume that every procedural complaint defeats the arbitration.
How is a foreign arbitral award enforced or resisted in Florida?
A qualifying award may be presented to a court for recognition and enforcement under the applicable treaty and statutes. Resistance must fit a recognized ground, not merely disagreement with the result. The New York Convention lists limited grounds, and a challenge at the seat differs from resisting enforcement elsewhere.
For awards within the Convention, 9 U.S.C. section 207 directs confirmation unless a Convention ground permits refusal or deferral. Article V identifies the following issues. Florida's section 684.0048 separately lists corresponding grounds within the state act's scope. The party resisting recognition generally supplies proof under Article V(1); the enforcing court may also address Article V(2).
| Convention ground | Issue the record must establish |
|---|---|
| Article V(1)(a) | A party lacked capacity or the arbitration agreement was invalid under the applicable law. |
| Article V(1)(b) | Improper notice or inability to present the case. |
| Article V(1)(c) | Decisions exceeded the matters submitted to arbitration, subject to separation of covered decisions. |
| Article V(1)(d) | Tribunal composition or procedure departed from the agreement or applicable fallback law. |
| Article V(1)(e) | The award was not binding or was set aside or suspended by a competent authority in the country where, or under whose law, the award was made. |
| Article V(2)(a) | The subject cannot be arbitrated under the enforcing country's law. |
| Article V(2)(b) | Enforcement would violate that country's public policy. |
Review the award, agreement, notices, procedural orders and any challenge already filed. Article VI addresses possible adjournment where a competent authority is considering a challenge. Florida's section 684.0047 and section 684.0048 also address recognition and refusal within the state act's scope, subject to controlling federal and treaty requirements.
An award is not the same instrument as a foreign court judgment. The international litigation page addresses the separate court judgment process. Neither recognition route establishes that collection will succeed.
Why do parties choose Miami as an international arbitration seat?
Miami offers courts with an identified international arbitration function and access to institutional arbitration resources. Those features can support case administration, but the seat should fit the contract, parties and potential enforcement locations. Selecting Miami does not itself settle the applicable law, ensure confidentiality or determine the result.
The Eleventh Judicial Circuit identifies an International Commercial Arbitration Court within its civil division. Its assignment and administrative requirements should be checked for the particular court application.
The ICDR office directory includes Miami. ICC also organizes a Miami conference on international arbitration.
For the contracting business, the useful questions remain practical: where decision makers are located, how evidence can be presented, which procedural language the agreement selects and where an eventual award may need enforcement. Those questions should inform the seat decision before a dispute begins.
A Miami hearing and a Miami court application are different files
The Eleventh Judicial Circuit separately identifies its International Commercial Arbitration Court and Complex Business Litigation Section. A filing relating to an arbitration should be checked against the arbitration court's assignment procedure, not routed by the label business dispute alone. Federal district courts also have statutory jurisdiction over Convention proceedings under 9 U.S.C. section 203. Counsel should determine the proper court and requested relief before selecting a filing route.
Party representation and the court work around the award
Law Offices of Aaron Resnick represents parties in agreement review, case preparation, hearings and award enforcement or challenge proceedings.
Review representative matters, Aaron's background and media coverage for the firm's broader record. The proposed engagement should define the party represented and the arbitration or court work required. Outside counsel can also review the Ask Aaron answer on Florida local counsel when defining responsibility for related Florida court work.
Florida Statutes, ch. 684: s. 684.0002(1) to (3), scope and treaty priority; s. 684.0031(1) and (2), seat versus other hearing locations; s. 684.0047, recognition; s. 684.0048, refusal grounds. Federal Arbitration Act, ch. 2: 9 U.S.C. s. 202, Convention scope; s. 203, federal jurisdiction; s. 207, confirmation; s. 208, supplementary provisions. New York Convention, Arts. I, IV, V and VI, scope, award documents, refusal grounds and adjournment. Article V is not presented as a complete statement of proceedings to set aside an award at its seat. Local and institutional sources: International Commercial Arbitration Court, Complex Business Litigation Section, ICDR offices and ICC Miami conference.
What to have ready
Gather the complete contract, arbitration clause, incorporated rules, amendments, notice of arbitration and any procedural orders. Identify the seat, institution, hearing location, procedural language and the next date requiring action.
For award work, add the complete award, proof of notice, any correction or challenge request, and available certified documents or translations. Describe known payment and enforcement steps without assuming the award has already been recognized. Start the inquiry with the parties and deadline. Provide sensitive arbitration material only through a method approved after the firm's conflicts review.
Send the parties, the problem and the next date; the firm reviews every inquiry and tells you whether it can help.
Aaron Resnick has handled business disputes in Miami since 1998 and is a fourth generation Miami attorney. He works hands-on on every case; the client gets Aaron on every major litigation issue, not a junior partner. The Law Offices of Aaron Resnick, P.A. represents companies and their owners in Miami Dade, Broward and Palm Beach counties in business contracts, business litigation and arbitration. Call 305-672-7495 or request a consultation.
Disclaimer
This is general information, not legal advice. Viewing this page or contacting the firm does not create an attorney-client relationship. Deadlines can be short. If your matter is time sensitive, call the office at 305-672-7495.
