Resolving International Trade Disputes for Tampa Bay Businesses

An international trade dispute attorney helps a business recover money, fix a shipment problem or enforce a supply contract when the other side is outside the United States. Ayala Law PA focuses on business and commercial litigation, including international trade litigation in Florida courts and arbitration. Eduardo A. Maura is the responsible lawyer for this page. This guide explains the dispute types the firm handles and how a matter usually moves. It also explains why the contract’s wording comes first.

What an International Trade Dispute Attorney Handles for Florida Businesses

An international trade dispute attorney handles conflicts that cross a border and involve goods, payments or contracts. Ayala Law PA handles these matters as part of its business litigation practice.

This work fits businesses that:

• Import or export goods and have a payment or delivery problem
• Work with foreign distributors, sales agents or manufacturers
• Run freight, logistics or shipping operations under a contract
• Are based in Tampa Bay or Hillsborough County and have a foreign buyer, seller, carrier or agent

The firm’s only office is at 1646 W Snow Ave in Tampa, Florida. Support staff assist the firm’s lawyers at the Tampa office. Businesses in Tampa, Hillsborough County, Brandon, Riverview, Plant City, Temple Terrace and the wider Tampa Bay area can contact the firm at its Tampa office, 1646 W Snow Ave.

Types of International Trade Disputes the Firm Litigates

Disputes in this area usually involve money owed, goods that don’t match the contract, or a shipment that goes wrong. The firm’s international trade litigation covers:

• Unpaid or late payment on an international sale, including open invoices and disputed payment terms
• A foreign supplier or buyer that breaches a supply or purchase contract, such as nonconforming goods or missed delivery dates
• Shipping disputes between shippers, carriers, buyers and freight forwarders when the contract assigns the loss or delay
• Distribution or sales-representative agreements that end, or leave commissions unpaid
• Letter of credit and payment-security disputes

Some unpaid invoice cases rest on an account stated. That claim needs proof of an agreement fixing the amount due and a promise to pay it, as Florida’s Second District explained in Bushnell.

Be careful with fraud claims. Florida’s Third District held that a plaintiff may not recover in tort for a contract dispute unless the tort is independent of the breach.

How an International Trade Dispute Moves: Step by Step

A dispute usually moves from document review to a demand, then to a decision on where to file, then to resolution.

1. Intake. You describe the other party, its country, the contract, the amount and any deadlines. The firm checks whether the matter fits its practice.
2. Document review. Gather contracts, purchase orders, invoices, bills of lading, delivery and payment records, and emails. The firm reads them in full.
3. Notice and demand. A demand letter or settlement talks often come first, when the facts and contract support them.
4. Forum decision. The firm reviews the dispute clause, the governing-law term and where the parties and assets sit. Then it weighs a Florida court against arbitration.
5. Filing and proceedings. A complaint or arbitration demand is filed. Service on a foreign party and gathering evidence abroad can add time.
6. Resolution. The matter ends in settlement, mediation, an arbitration award or a court judgment. The American Arbitration Association describes mediation as a way to resolve cross-border commercial disputes. The timeline depends on the forum, the other side and the facts.

Florida Courts Versus Arbitration for Cross-Border Contracts

The dispute clause in your contract is the first thing to check. It can decide where your case is heard.

Florida enforces written arbitration agreements. Under Florida’s arbitration statute, an agreement in a record to arbitrate existing or future disputes is valid, enforceable and irrevocable. Fla. Stat. § 682.02 reads: “(1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.” A court decides whether an arbitration agreement exists.

If the other side refuses to arbitrate, the court decides whether an agreement to arbitrate exists. The court cannot refuse because the claim lacks merit, under § 682.03.

Some contracts name a governing law. Under § 671.105, when a transaction has a reasonable relation to Florida and also to another state or nation, the parties may generally agree that either Florida law or the law of that other state or nation governs, but some subjects, such as letters of credit and funds transfers, follow the code’s own governing-law rules.

Florida courts can also reach some foreign companies. Under § 48.193, a company that runs a business in Florida can be sued here for related claims. So can a company that fails to perform a contract that required performance in Florida.

Why Businesses Work With Ayala Law PA on Cross-Border Disputes

Ayala Law PA focuses on business and commercial disputes. It explains each option in plain language before you decide.

• The firm reads the contract language, the dispute clause and the documents before it suggests a path.
• The firm explains options in business terms, including negotiation, arbitration and court.
• The firm’s practice areas include business litigation, commercial litigation, contract disputes, shareholder disputes, construction litigation, real estate litigation and international trade litigation.

The firm’s only office is at 1646 W Snow Ave in Tampa. Tampa and Hillsborough County businesses can contact the firm at that Tampa office. Eduardo A. Maura is the responsible lawyer for this page.

Costs, Deadlines, and Timing Questions

Deadlines and fees should be settled early. Some time limits start running well before you file.

Under Section 95.11(3)(j), a legal or equitable action on a contract, obligation or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares and merchandise, and on store accounts, is subject to the time limit in that subsection. Other periods can apply, depending on the facts.

Under § 672.607, a buyer who has accepted goods must notify the seller of a breach within a reasonable time after discovering it, or should have discovered it, or be barred from any remedy. The buyer also carries the burden of proving a breach of accepted goods.

Fees are discussed and disclosed before you engage the firm. That includes any filing, arbitration or other costs you may owe.

Keep contracts, shipping records and emails intact from the first day of the dispute.

Frequently Asked Questions