Ava Borrasso is a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators. She
is a Panel member of the International Centre for Dispute Resolution, the AAA Commercial Panel, the AAA Panel for Large, Complex Cases, CIArb Presidential Panel of Arbitrators, BVI International Arbitration Centre, the Court of Arbitration for Art, the Singapore International Arbitration Centre Reserve Panel, and ICC listed. Ms. Borrasso has served as emergency, sole, chair and panel arbitrator and counsel in a variety of commercial and international disputes.
With 30 years of experience rooted in business litigation, her practice is built on representing parties as lead counsel in complex commercial disputes before arbitral tribunals, as well as before state and federal courts. Before establishing the firm in 2015, she was a partner with a prominent international litigation and arbitration boutique for nearly a decade. Her representative experience spans a breadth of commercial disputes involving international distribution and trade agreements, financial services agreements, franchise agreements, business torts, construction and real property disputes. Her cross-border experience includes advising and strategizing multi-jurisdictional disputes across venues, both nationally and internationally.
She is a member of the Executive Committee and Board of Directors of the Chartered Institute of Arbitrators, North America Branch and sits on the Editorial Board of the ABA’s Dispute Resolution Magazine. Her work in arbitration has been recognized by Who’s Who Legal, Legal500 Latin America, Best Lawyers in America and Best Law Firms.
Representative Arbitration Matters
ICDR-appointed Emergency Arbitrator in dispute involving international distribution and franchise agreements.
Emergency Arbitrator in international trade dispute between Swiss and Ecuadorian companies.
Arbitrator in international financial services dispute between Panamanian and French parties.
ICDR-appointed Emergency Arbitrator in international dispute involving internet sales agreement.
Panel Arbitrator in sports agreement dispute between U.S. and Korean parties.
Arbitrator in multiple international and domestic commercial arbitrations.
Counsel to Fortune 50 medical equipment manufacturer and affiliates in the prosecution and defense of more than $50 million in contract claims and related disputes with a Brazilian distributor in international arbitration proceedings seated in Miami.
Counsel in international dispute that resulted in obtaining attorneys' fee award in excess of $1 million.
Co-counsel for multiple Latin American investors against a European bank following Madoff-
related investments in ICDR arbitrations seated in Miami.
Counsel to Fortune 50 manufacturer of power generators in contract and related disputes
against a Vietnamese company involving claims exceeding $50 million in international arbitration proceeding seated in New York.
Counsel to subcontractor in AAA arbitration pursuant to Construction Industry Arbitration
Rules involving luxury retail store build-out & obtained prevailing party fees and costs.
Representative Litigation Matters
Represented international investors in commercial dispute and obtained judgments in excess of $3 million affirmed on appeal.
Represented European investment fund in multi-jurisdictional proceedings.
Represented Caribbean government in fraud, corruption and conspiracy claims filed against former public officials, government contractors and individuals resulting in recovery of several million dollars.
Co-counsel for investment fund and related companies defending contract claims seeking up to $500 million in expedited New York state court proceeding that was successfully dismissed.
Represented claimant in prosecution of contract dispute involving pre-suit escalation clause from mediation through litigation.
Represented foreign guardian in probate proceeding and successfully obtained the release of over $3 million from a Spanish-headquartered bank.
Defended gallery owner in emergency proceeding in obtaining dissolution of an ex-parte injunction on a replevin claim.
Defended national bank in a commercial lease dispute in U.S. District Court of the Virgin Islands that was favorably resolved during trial.
Defended import/export company trading throughout Latin America in claims arising from forfaiting transactions in federal court.
Defended Caribbean financial services company in a contract dispute involving a software purchase agreement
Representative Speeches | Seminars
International Arbitration Skills Masterclass, ABA International Law Section, Virtual, June 22, 2023.
Women in ADR: Reflections on Unique Experiences, Perspectives, and Challenges, Chartered Institute of Arbitrators, North America Branch, Webinar, March 15, 2023
Alternative Dispute Resolution 2022: A Year in Review, Chartered Institute of Arbitrators, Webinar, Feb. 28, 2023
“The Evolution of Dispute Resolution” Federal Bar Association, Virtual, December 1, 2021
Chartered Institute of Arbitrators : Women in ADR Interview, March 2021
8 Innovative Arbitration Trends: A New Practice And Ethical Landscape, ABA Dispute Resolution Virtual Spring Conference, May 21, 2020
Corruption in Arbitration and the Arbitral Tribunal's Limits, CAM-CCBC Arbitration Congress, São Paulo Arbitration Week, Speaker, October 21, 2019
Welcome to Miami or São Paulo? Discussing Arbitration in Latin America, YAR 2.0, Lisbon, Speaker, October 10, 2019
A Debate: Best Practices and Pitfalls in Mediation and Arbitration, IADC Regional Meeting Miami & São Paulo, Speaker, September 27, 2019
Emergency Measures of Protection & Interim Measures, AAA/ICDR Roundtable, Miami, Facilitator, May 10, 2019
International Roundtable on Arbitration and Corruption, New York, Speaker, March 8, 2019
Corruption in International Arbitration, ICDR Arbitration Track, iLaw Florida Bar ILS Global Forum on International Law, Miami, Speaker, February 22, 2019
International Distributorship, Franchise & Trade Agreements: From Key Deal Terms to Dispute Resolution Mechanisms in Civil & Common Law Jurisdictions, ABA Section of International Law Annual Meeting, New York, Speaker, April 20, 2018
So You Have an Arbitration Award – Now What? (Enforcement through Litigation), ABA Section of International Law Annual Meeting, New York, Moderator, April 19, 2018
Extraterritorial Application of 28 USC 1782 to Obtain Documents from Affiliates Abroad, IFTTA North American Annual Meeting Conference, Ft. Lauderdale, Florida, Speaker, March 10, 2017
International Business Expansion from the United States, iLaw Florida Bar ILS Global Forum on International Law, Miami, Florida, Moderator & Speaker, February 17, 2017
Expanding Abroad from the United States – What You Don't Know May Hurt Your Business, ABA Business Law Section Spring Meeting, Montreal, Canada, Speaker, April 8, 2016
The Use of International Arbitration in Resolving Cross-Border Travel and Tourism Disputes, International Forum of Travel and Tourism Advocates North America Section and Annual Meeting Conference, Ft. Lauderdale, Florida, Speaker, March 11, 2016
The Rise of Complex Cross-Border Litigation: Global Trends and Challenges Facing International Practitioners, ABA Section of International Law 2016 Americas Forum, Miami, Florida; Moderator, February 29, 2016
Chevron/Ecuador Litigation: Lessons Learned; At the Forefront: An Insider's Perspective on Environmental Enforcement & Litigation; ABA Section of Litigation's Environmental Litigation Committee; Washington DC; Speaker; July 2014 (International aspects and 28 USC §1782 discovery in aid of foreign proceedings)
Current Trends In Arbitration, International Law Section, Florida Bar Annual Meeting, Orlando, Florida; Moderator & Program Co-Chair, June 2012
New Frontiers In Arbitration, International Law Section, Florida Bar Annual Meeting, Orlando, Florida; Program Chair, June 2011
Forbidden Places: Tourism & Trade, International Law Section, Florida Bar Mid-year Meeting; Half-day Seminar, Miami, Florida, Moderator & Program Co-Chair; September 2010
A View from the End of the Table – A Discussion on Mediation, President's Showcase Presentation, International Law Section, Florida Bar Annual Meeting, Orlando, Florida, Program Co-Chair; June 2010
International Association for Asset Recovery, Live Chat "Successful Conclusions of a Multimillion Dollar Corruption Case in Trinidad," Speaker; January 2010
Representative Publications
Crypto Disputes: The Next Wave of Financial Services Arbitration? Chartered Institute of Arbitrators, eSolver, May 2024
Arbitrator Bias and Evident Partiality: The United States Perspective, Indian Journal of Arbitration Law Volume 12, Issue I, February 2024
Reversing Course: The Eleventh Circuit Holds Domestic Vacatur Statute Applies to International Arbitration Awards in Primary Jurisdiction Cases, Lexology, April 27, 2023
What Now? Preliminary Thoughts on Obtaining Evidence in the U.S. under Section 7 of the Federal Arbitration Act in the Aftermath of ZF Automotive, Young Arbitration Review, Ed. 45, Jan. 2023
Puppies and Kittens and Developments in International Arbitration, ABA Dispute Resolution Magazine , Volume 28, Issue 2, April 2022
Recent Developments in Third Party Funding Disclosures, Lexology reprint, February 24, 2021
Recent Developments in Third Party Funding Disclosures: A Concrete Move Towards Greater Transparency in Commercial Arbitration, ABA Dispute Resolutions - Arbitration Committee Newsletter, Winter Issue 2021
One Size Does Not Fit All: US Circuit Court Declines To Apply Domestic FAA Vacatur Clause to International Award, Kluwer Arbitration Blog, October 16, 2020
Third-Party Funding: Relationships, Relevance and Recent U.S. Court Analysis, ABA Dispute Resolution Magazine, Fall 2020
Champerty Re-emerges: an Overview of Recent US Circuit Court Rulings on Third-Party Funding, IBA, International Litigation Newsletter, May 2020
The Intersection of Corruption in International Arbitration and Discovery Pursuant to 28 USC § 1782, Kluwer Arbitration Blog, July 18, 2019
Public Policy Defense Rarely Bars Arbitral Award Enforcement, Law360, January 30, 2019
Overview of U.S. Court Treatment of Interim Measures in Support of International Arbitration, Young Arbitration Review, Fall 2018
Recent US Court of Appeals Rulings on Interim Relief Pending International Arbitration Proceedings, IBA Arbitration News, October 2018
Overview of Recent Developments in Section 1782 of Title 28 of the United States Code, International Bar Association, International Litigation News, May 2018
U.S. District Courts Rule Consent Awards Fall Within New York Convention, Kluwer Arbitration Blog, April 6, 2018
International Arbitration Will Keep Thriving Despite Trump Agenda, Law360, January 25, 2018
Seeing “Reason” in Arbitration Awards, ABA Dispute Resolution Magazine, Volume 23, Issue 4, Summer 2017
Significant Developments in International Litigation By Way of 28 USC § 1782, Young Arbitration Review, Spring 2017
The Eleventh Circuit Affirms Extraterritorial Discovery to Assist International Proceedings and Production of Documents Held by Affiliates Abroad, Florida Bar ILQ, Winter 2017
Privilege and International Implications Against the Backdrop of the Panama Papers, American Bar Association, Business Law Today, July 2016
Considerations Regarding So-Called Boilerplate Clauses in Cross-Border Commercial Transactions, American Bar Association, Business Visions, March 2016
Lender Liability Issues Arising from Construction Loan Agreements; Florida Real Property Litigation; Florida Bar Continuing Legal Education, Chapter (co-author) 2016 (8th Edition), 2013 (7th Edition), 2011 (6th Edition), 2009 (5th Edition)
Getting the Deal Through, Anti-Corruption Regulation in 45 Jurisdictions Worldwide, Trinidad & Tobago; Homer E Moyer Jr (Ed.) (co-author) (2012)
Getting the Deal Through, Anti-Corruption Regulation in 51 Jurisdictions Worldwide, Trinidad & Tobago; Homer E Moyer Jr (Ed.) (co-author) (2011)
Getting the Deal Through, Anti-Corruption Regulation in 46 Jurisdictions Worldwide, Trinidad & Tobago; Homer E Moyer Jr (Ed.) (co-author) (2010)
US Securities Litigation in the Financial Crisis, Global Financial Crisis, Navigating and Understanding the Legal and Regulatory Aspects, Globe Business Publishing, Ltd. (Eugenio A. Bruno, ed.) (co-author) (2009)
United States of America, Asset Tracing & Recovery; The FraudNet World Compendium, Bernd H. Klose (Ed.) (co-author) (2009)
Lender Liability for Breach of Construction Loan Agreements and for Negligence, Florida Real Property Litigation; Florida Bar Continuing Legal Education, Chapter (co-author) 2005 (4th Edition)
|
Selected Who's Who Legal
• Arbitration, Florida 2020
Selected, "Best Lawyers in America"
• International Arbitration – Commercial,
2023, 2022, 2021, 2020
• Commercial Litigation,
2023, 2022, 2021, 2020, 2019
Selected, Best Law Firms
• International Arbitration, 2024, 2023, 2022, 2021
• Commercial Litigation, 2024, 2023, 2022, 2021, 2020
• Arbitration, 2024
Selected, "Legal Elite," Florida Trend Magazine
• International, 2016
• Commercial Litigation, 2015
Selected, "Super Lawyer," Super Lawyer Magazine
• Alternative Dispute Resolution, 2023
• International, 2022, 2021, 2020, 2019,
2018, 2017, 2016
• Business Litigation, 2015 |
|
| |
JD, Loyola University of Chicago School of Law, 1990
• Law Review, 1998 - 90
BA, Saint Mary's College, Notre Dame, IN, 1984
• Rome, Italy, Study Abroad |
|
| |
Florida Bar, 1994
Illinois Bar, 1990 (inactive) |
|
| |
Miami International Arbitration Society, Director
Chartered Institute of Arbitrators, Chartered Arbitrator & Fellow
Chartered Institute of Arbitrators North America Branch
- Executive Committee (Vice Chair Membership) (2020-2023)
- Board of Directors (2019-current)
American Bar Association
- Editorial Board, Dispute Resolution Magazine (2020–2023)
- International Law Section
- Dispute Resolution Section
Arbitral Women, Member
Florida Bar, International Law Section
• Steering Committee, iLaw Conference, 2017
• Former Chair, ILS Meetings Committee; 2010-12
Organization of Women in International Trade, South Florida Chapter
• Board Member, Secretary 2012-15
• Chair, Nominations Committee of International
Business Women of the Year Awards, 2011-12 |
|
|
