Quinn Smith
Quinn Smith focuses on providing solutions for clients in international litigation and arbitration matters, and he provides legal counsel on the issues crucial to starting, expanding, or developing a business in the United States.
Mr. Smith’s varied background gives clients a range of experience and knowledge to draw on. In addition to his current practice in courts throughout the United States and arbitration tribunals in the region, he has worked for the Honorable Judge Solis in the Federal District Court for the Northern District of Texas, and he has clerked at the litigation boutique of McElroy, Sullivan & Miller in Austin, Texas. Mr. Smith developed an in-depth knowledge of Florida law while an associate at Polenberg Cooper, P.A. in Ft. Lauderdale, and he has continued to deepen his experience with international litigation and arbitration matters at Smith International.
Mr. Smith has published a variety of articles, which are available in the Resources section. He also lectures on topics relevant to American law at UNICURITIBA in Curitiba, Brazil.
Mr. Smith remains active in professional organizations, serving on the Executive Committee of the International Law Section of the Florida Bar. Other memberships include the Comite Brasileira de Arbitragem, the Inter-American Bar Association, and the Miami International Arbitration Society. Mr. Smith is also on the steering committee for numerous conferences throughout the region and the organizing committee for the sucessful bid to host the 2014 ICCA Congress in Miami, which is the largest and most important arbitration conference and held every two years.
Mr. Smith is fluent in Portuguese and Spanish and a native English speaker.
Representative Cases:
Represented American company in an arbitration with Brazilian company under the rules of the Inter-American Commercial Arbitration Commission (“IACAC”).
Lead counsel for ex-CFO of large Brazilian company sued as part of a class action in Florida.
Represented Brazilian company in an arbitration with an American company under the rules of the ICC and subsequent enforcement proceedings in Florida.
Counsel for Brazilian investor in securities-related lawsuit in the Southern District of New York.
Obtained successful settlement for Guatemalan national in arbitration under ICDR Rules through application of Guatemalan law.
Represented Brazilian company in tort defense case in north central Pennsylvania.
Counsel for Argentinean investor in securities related arbitration under the auspices of the Financial Industry Regulatory Authority (FINRA).
Represented two associations of Brazilian power producers as amicus curiae before the United States Second Circuit Court of Appeals.
Counsel to Brazilian financial services company in Portuguese language arbitration under the rules of the ICC.
Represented large Brazilian franchisor in legal issues related to its entry into the United States market.
Advised large Brazilian power plant operator in arbitration under the rules of the ICC.
Represented various Florida companies and individuals in proceedings before the state and federal courts in South Florida, including issues relevant to real estate, insurance, purchase and sale of goods and services, financial transactions, and other commercial matters.
Publications:
To download a copy of many of these articles, please see Mr. Smith’s SSRN author page.
Miami Arbitration Reports, published frequently in Revista Brasileira de Arbitragem.
Migalhas on International Arbitration, published periodically in Migalhas Online. For the column, see here.
“Responsabilidade Civil em Contrato Internacional,” Valor Online, Aug. 4, 2011.
“The Future of Ethics in International Arbitration: A Review of Prominent Sources of Rules and Next Steps for the Profession,” upcoming in 1 Revista Académica del Grupo de Estudios en Arbitraje (2011).
“The Importance and Timely Demise of Extra-Statutory,” upcoming in Lima Arbitration Review (2011).
“Brazil in the Context of International Arbitration,” in Infrastructure Law of Brazil, Justen Filho, Marcal & Pereira, Cesar A.G. (eds.), (Forum, Brazil 2010). The book was recently updated and republished in its second edition.
“A Possivel Alteracao do Cenario Arbitral nos Estados Unidos e seus Efeitos na Arbitragem Internacional,” in Arbitragem e Poder Publico, eds. Cesar Augusto Guimaraes Pereira & Eduardo Talamini (2010).
“Reviewing the History and Application of Article 7,” in the CISG-Brasil Database, availablehere, republished in 1 Transnational Dispute Management (2011).
“O Brasil na Arbitragem Internacional,” Valor Online, June 2, 2010.
“Sotomayor’s Position on Arbitration: A Survey of Past Cases and a View to the Future,” Transnational Dispute Management, advance (2009), adapted and republished in 2 New York Dispute Resolution Lawyer 2 (2009).
“The Extent of the Arbitral Tribunal’s Power to Manage Discovery in the United States of America,” 19 Mealey’s Litigation Report: Reinsurance 20 (2009), republished in 22(6) Revista de Arbitragem e Mediacao 156 (2009).
“Revista: International Commercial Arbitration, United States Doctrinal Developments and American Style Discovery,” 20 Revista Brasileira de Arbitragem (2009).
“Redefining International Arbitration Proceedings Located in the United States,” No. 4 Spain Arbitration Review (2009).
“Can Parties Play Games with Arbitration Awards? How Mattel May Put an End to Prolonged Gamesmanship,” 83 Fla. B. Journal 5 (May 2009).
“Addressing the New York Convention’s Latest Challenge: Enforcing Arbitral Awards in United States Courts after Chromalloy and TermoRio,” Mealeys’ Executive Summary (Oct. 2008), republished in 6 Revista de Arbitragem e Mediacao 21 (2009).
“On Dangerous Footing: The Non-Statutory Standards for Reviewing an Arbitral Award,” 18 Am. Rev. Int’l Arb. 122 (2008).
“Arbitrating at the Crossroads of East and West: An Overview of Prominent Arab National Arbitration Laws,” 24 International Litigation Quarterly 3, 20 (2008).
Haiti: Human Rights Investigation March 11-16, 2006, published by University of Miami Center for the Study of Human Rights, available at http://www.law.miami. edu cfshr/pdf/CSHR_Report_0311-162006.pdf.
Speaking Engagements:
“When Things Go Wrong, Take a Stand,” moderator of panel of the ICDR Y&I, hosted by the Camara de Arbitragem de FIESP, Nov. 28, 2011.
“Treaty Claims under Subject-Matter Agreements,” moderator of panel for the event “A Closer Look Beyond ICSID,” a joint event of Florida International University’s School of Law and the Instituto Latinoamericano de Arbitraje.
“Arbitraje Multipartes,” a joint lecture with Cristian Conejero Roos for the Diplomado de Arbitraje Internacional del Centro de Arbitraje de la Camara de Comercio de Lima, Oct. 25, 2011 (in Spanish)
Arbitrator in Mock Cross Examination hosted at the Faculdad de Derecho de la Universidad de Buenos Aires and sponsored by ICC YAF, LCIA YIAG, ICDR Y&I, ILdeA, CIArb, and Young ICCA (in Spanish).
“Introducción al Derecho Estadounidense, Escuela Superior de Economía y Negocios,” San Salvador, El Salvador, March 14-18, 2011 (in Spanish).
“Actualiza sobre Algunos Puntos Importantes en los Estados Unidos,” Arbitraje Comercial Internacional en Argentina y las Américas, Una Conferencia de Arbitraje Internacional de la ICDR, Buenos Aires, Argentina, Nov. 30, 2010 (in Spanish).
“Abuse of Process in Investment Arbitration,” Current Developments in Investment Arbitration, Florida International University School of Law, Nov. 5, 2010.
Emergency Arbitrator and Testifying Witness at Mock Arbitration under ICDR Rules, International Commercial Arbitration in Brazil, Sao Paulo, Brazil, Oct. 27, 2010 (in English/Portuguese).
“Aspectos Juridicos e Culturais da Expansao de Negocios nos EUA,” Lecture for the Brazilian Association of Bars and Restaurants, June 18, 2010 (in Portuguese).
“O Judiciario e a Arbitragem: Considerações sobre a America Latina,” Lecture for the Magistrate School of Curitiba, Parana, June 12, 2010 (in Portuguese).
Arbitragem nos EUA, Lecture at the Brazilian Federation of Banks, Sao Paulo, May 28, 2010 (in Portuguese).
Arbitragem nos EUA: Entendendo o Direito Americano, Lecture at the Pontifical Catholic University of Rio de Janeiro, May 27, 2010 (in Portuguese).
Danos na Arbitragem, Lecture for Parana Section of Brazilian Bar, Sept. 10, 2009 (in Portuguese).
Introducao a Lei Americana, Faculdades de Curitiba, Sept. 2009 (in Portuguese).
Contracts in the United States, Faculdades de Curitiba, Sept. 2009 (in Portuguese).
Introducao a Lei Americana, Faculdad es de Curitiba, Aug. 2008 (in Portuguese).
Other Activities:
Guest lecturer, Faculdades de Curitiba
Member of the List of Arbitrators, Chamber of Arbitration and Mediation of the Commercial Association of Parana (ARBITAC).
Member of the Steering Committee for the successful bid for ICCA Miami 2014.
Co-Chair of Young ICCA’s Argentina Event, “The Boundary between Contract and Treaty Claims,” 2011.
Chair of Florida Bar International Law Section Vis Committee and Vice-Chair of the Florida Bar’s International Litigation and Arbitration Conference, 2011.
Founding Member of Miami International Arbitration Society.
Member of Inter-American Bar Association.
Member of Comite Brasileira de Arbitragem.
Skills and Interests:
Fluent in Spanish and Portuguese.
Active in various aspects of church ministry.
Travel to various places in the United States, Europe, and Latin America.
Enjoy literature, writing fiction and poetry, and playing soccer.