When parties conduct business in a global market, international commercial disputes often arise. In U.S.-based international litigation, these cases raise complex issues involving service of process under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, personal jurisdiction challenges, forum non conveniens, enforcement of foreign judgments and arbitral awards, as well as substantive law and evidentiary issues relating to Incoterms® and the U.N. Convention on Contracts for the International Sale of Goods (“Vienna Convention”).
Flannery | Georgalis has experience with these issues, whether in pre-suit negotiations, mediation, arbitration, or litigation. The firm’s attorneys represent foreign and domestic parties in a wide-range of international commercial disputes in federal and state courts throughout the U.S. and are well-prepared to handle matters before leading arbitral tribunals, such as the American Arbitration Association (AAA), the Dubai International Financial Centre-London Court of International Arbitration Centre (DIFC-LCIA), the International Centre for Dispute Resolution (ICDR), the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), and the Singapore International Arbitration Centre (SIAC).
Our Experience
Coordinating defense of oil/gas sector manufacturer in litigation in Tel Aviv, Israel brought by insurance carrier seeking indemnification for payments made arising out of largest environmental catastrophe in Israel.
Obtained multimillion dollar judgment in federal court against a Canadian alternative energy financing company based on client’s entitlement to bonus compensation under the consulting agreement and developed Mutual Legal Assistance Treaty (MLAT) strategy to pursue collection against the defendant and its sole shareholder.
Represented property and casualty insurer in federal subrogation action against Hong Kong manufacturer and U.S. supplier of defective home appliance, including defeating a motion to dismiss, a motion for summary judgment, as well as motion to stay proceedings and attempted interlocutory appeal. Case settled favorably to client prior to trial.
Represented Australian distributor against food equipment manufacturer for breach of contract and related claims under U.N. Convention on Contracts for the International Sale of Goods in state court litigation.
Represented former NBA player agent against Greek professional basketball club in federal court action to execute on default judgment, including defeating motion to quash execution and defending efforts to vacate judgment. Case settled favorably during mediation in the U.S. Court of Appeals for the First Circuit.
Represented Mexican forklift supplier in state court action brought against company and its owner for fraud, civil conspiracy, conversion, breach of contract under the U.N. Convention on Contracts for the International Sale of Goods, and violation of the Ohio Corrupt Activity Act. Case settled favorably to client prior to defendant’s answer.
Obtained confessed judgment in state court on behalf of Israeli company, resulting from breach of a promissory note, including filing successful bank account garnishment. Case was resolved for in full satisfaction of the judgment and interest.
Represented Bolivian joint venture in a breach of federal contract action filed against purchaser of tunnel boring machine used to complete the largest water tunnel project in Bolivia. Case was settled favorably to client after mediation.
Defended technology company in a breach of contract case filed in state court by UK-based internet services provider, filing motion to dismiss for lack of subject matter jurisdiction, as well as raising statute of limitations and non-applicability of VAT charge defenses. Case settled favorably to client for significantly less than claimed amount.
Represented Chinese manufacturer in federal breach of contract action brought against its former U.S. sales agent, including defending counterclaim alleging breach of a purported exclusive distributorship agreement, fraud, and violations of California’s Unfair Business Practices Act. Case settled favorably to client at mediation.
Defended German manufacturing company in week-long federal court jury trial against breach of contract claims brought by former U.S. distributor, alleging rights to client’s product source code. After unsuccessful appeal, including filing of certiorari petition to U.S. Supreme Court, coordinated with German counsel to challenge the U.S. judgment’s enforceability in Germany. Case was settled favorably to client.
Represented Indian multinational business services provider in state court and subsequent federal court actions for breach of contract against a U.S. customer of the client. Case was favorably settled to client at mediation.
Obtained recognition of Ontario judgment for a Canadian global supplier of technology products in federal court action.
Represented oil/gas sector manufacturer in trademark and copyright infringement claims against Mexican, Indian, and Iranian manufacturers, obtaining negotiated agreements to cease and desist infringing activities, including competitors’ removal of infringing website content.