MIAMI—The Daily Business Review reported on Rivero Mestre’s recent victory in the Florida Third District Court of Appeal, which overturned a trial court order denying a motion to dismiss based on a forum selection clause in the parties’ agreement. M. Paula Aguila successfully argued that the forum selection clause was clear as to where the case—Hamed Wardak, et. al. v. Estrategia Investimentos, S.A., et. al.—should be heard. Aguila, Andrés Rivero, and Alan H. Rolnick are defending a Florida resident and several Florida entities, against claims in Miami-Dade County Circuit Court, arising from a multimillion dollar financial transaction.
The Court of Appeal sided with Aguila’s argument stating that, “the plain language of this contract expresses an unmistakable intent to make the forum provision exclusive…[and that] there was no ambiguity.” The Court of Appeal concluded that the forum selection clause, as written, was mandatory, exclusive and unambiguous and, thus, the case should be litigated in Brazil. The Third District Court of Appeal reversed the trial court order on October 17, 2018.
Click on the following link for video of the oral argument: Wardak Oral Argument
About Rivero Mestre LLP
Rivero Mestre, with offices in Miami and New York, represents clients from investigation to verdict and appeal in complex business disputes in U.S. federal courts, state courts, and domestic and international arbitration proceedings. The firm’s practice focuses primarily on representing corporate and institutional clients in a broad range of complex commercial disputes including financial institution matters, intellectual property disputes, and litigation and arbitration relating to Latin American trade and investment.