Miami International Litigation Attorney: Cross Border Disputes

A foreign company or a foreign national is in a Florida business dispute, or a Miami company is in a dispute with a foreign counterparty. Law Offices of Aaron Resnick handles the court side: jurisdiction, service abroad, foreign judgment recognition and the forum fight, in Miami courts since 1998. Start with the court papers and the next deadline.

This page is for a foreign company or national facing a Florida business dispute, and for a Miami company dealing with a foreign counterparty. A lawsuit, a foreign judgment and an arbitration award require different procedural reviews. The firm handles the court representation; international arbitration has its own service page.

Can a foreign company be sued in Florida, and how is it served?

A foreign company can be sued in Florida when the court has jurisdiction and service satisfies the applicable rules and treaties. A Miami business connection does not settle both issues. Counsel must examine the conduct, the contract, the defendant's location and the method of service before deciding how to proceed.

Florida's long arm statute, Chapter 48, section 48.193, identifies activities that can support jurisdiction, including specified business conduct and failures to perform contractual acts required in Florida. The statutory ground and constitutional limits require separate analysis. Serving papers does not by itself establish jurisdiction.

For service in another country, section 48.197 addresses internationally agreed methods and other permitted routes. The Hague Service Convention may govern when documents must be transmitted abroad for service in a covered civil or commercial matter. The destination country's requirements and objections matter. Emailing a complaint is not automatically valid service.

Section 48.194 addresses service in another United States state, territory or commonwealth, not the overseas provision. Federal proceedings also require review of the federal service rules. Keep the summons, delivery record and all communications about service. Counsel should evaluate the response and any jurisdictional objection before taking steps that assume the court is the proper forum.

Separate the preliminary court questions

Question	Starting record
Jurisdiction	The defendant's connection to Florida and the asserted claim.
Service	The summons, destination country and delivery evidence.
Forum	The dispute clause, other proceedings and proposed alternative court.

How is a foreign money judgment recognized in Florida?

Florida recognizes a foreign country money judgment under the Uniform Out of Country Foreign Money Judgment Recognition Act, sections 55.601 to 55.607, when the judgment is final, conclusive and enforceable where it was entered, unless the court refuses it under section 55.605. Recognition comes first; collection is a separate step. An arbitration award takes a different route.

Florida's Uniform Out of Country Foreign Money Judgment Recognition Act is in Chapter 55, sections 55.601 through 55.607. Its scope excludes judgments for taxes, fines and other penalties. Section 55.603 addresses finality, and section 55.604 provides the filing, recording, notice and objection process.

Some defects prevent recognition; others permit the court to refuse it. Section 55.605 addresses jurisdiction, impartial procedures, notice, fraud, conflicting judgments and other specified grounds. This is not an unrestricted opportunity to retry the original commercial disagreement.

Obtain the complete judgment and the record needed to explain service, appearances, appeals and enforceability in the issuing country. An appeal may affect the requested timetable even where the act applies; section 55.607 addresses a possible stay. The creditor also needs a separate assessment of assets and collection options. Holding a judgment does not establish that the debtor owns reachable assets in Miami.

What happens when a Florida case points to a foreign court?

Counsel first distinguishes a contract selecting a foreign court from a request to dismiss because another forum is more appropriate. The clause's wording, the dispute and the available alternative forum matter. Florida's inconvenient forum procedure weighs practical and public interests; it does not promise that either side can choose the result.

A governing law clause, a court selection clause and an arbitration clause do different work. Read the complete dispute provision and identify which parties and claims it covers. Do not assume that selecting another country's law automatically selects that country's courts.

For a Florida state court inconvenient forum motion, Rule 1.061 addresses an adequate alternative forum, private interests, public interests where applicable, and the ability to pursue the case elsewhere without undue inconvenience or prejudice. Access to records and witnesses belongs in the factual presentation, not just the argument that travel is difficult.

Section 47.122 concerns transfer between Florida courts. It is not the mechanism for sending a case to a foreign country. Federal forum questions require separate federal analysis. A dismissal request, a response deadline and an emergency hearing must each be evaluated on the court's actual schedule.

The Florida court and the location of the evidence

For circuit court proceedings, section 26.021 places Miami Dade County in the Eleventh Judicial Circuit, Broward County in the Seventeenth and Palm Beach County in the Fifteenth. The claim, jurisdiction and venue rules determine which court hears the case. An overseas witness does not change the filed case's schedule. Early preparation should identify original documents, custodians, translations and the arrangements needed to present testimony.

Florida representation with a defined role

Law Offices of Aaron Resnick provides commercial litigation representation.

A foreign or outside law firm seeking Florida assistance should use the Florida local counsel service and the Ask Aaron local counsel answer. Define who communicates with the client, handles filings and argues in court. A foreign lawyer's ability to appear requires its own admission review.

Review representative matters, Aaron Resnick's background and press and media coverage.

Florida Statutes: ch. 48, s. 48.193(1) and (2), statutory jurisdiction; s. 48.194, service elsewhere in the United States; s. 48.197(1), foreign country service. Hague Service Convention, Arts. 1 to 5 and 10, scope, central authority route and other channels subject to the Convention. Federal service reference: Fed. R. Civ. P. 4(f) and 4(h)(2); constitutional limit: U.S. Const., amend. XIV, s. 1. Ch. 55, s. 55.601, act title; s. 55.602, scope; s. 55.603, finality; s. 55.604, recognition procedure; s. 55.605, refusal grounds; s. 55.606, personal jurisdiction bases; s. 55.607, stay. Fla. R. Civ. P. 1.061(a), printed p. 18, foreign inconvenient forum analysis; ch. 47, s. 47.122, intrastate transfer only; ch. 26, s. 26.021(11), (15) and (17), circuits. No particular forum clause is declared enforceable.

What to have ready

Have the complaint, summons, proof of service, hearing notices and all orders ready. Add the signed contract, dispute clause, amendments and a short chronology identifying the relevant countries and companies. State whether another proceeding is already pending.

For judgment work, gather the complete judgment, appellate record, service materials and information about payment or satisfaction. Identify original documents and available translations. Start the inquiry with party names, the court and the deadline; do not send sensitive records until the firm confirms conflicts and the appropriate delivery method.

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.