International Arbitration
Houston Place of Arbitration kicked off its new series, Houston, We Have a Solution, with a conversation that sits at the heart of cross-border business. Our own Enrique Jaramillo, a dual-trained lawyer from Ecuador who practices in Texas and New York, unpacked how civil law and common law shape strategy when the stakes are high.
This discussion was less about labels and more about how choices on governing law, procedure, discovery, and arbitrator selection influence outcomes. Enrique explained why common law’s use of case law brings nuance when statutes run out of words, and why civil law’s formalities can provide certainty in formation and authority. For clients, the lesson is practical. Draft with both lenses in mind, then plan for enforcement from day one.
Discovery was a clear throughline. U.S. discovery can be extensive, yet international arbitration gives parties the ability to tailor the scope to the dispute. That drives cost, leverage, and timing. Some discovery is often valuable. Unlimited discovery is rarely necessary. Enrique expects AI to accelerate document review and research, with judgment and quality control as constants.
Arbitrator selection is a strategy. A single experienced arbitrator with training in both systems can streamline a matter and reduce tribunal politics. Three-member panels can fit larger disputes, yet the dynamics among co-arbitrators often shape the result. Choose for experience, judgment, and the ability to bridge legal cultures.
Contract interpretation differs as well. Common law tends to center on the text parties negotiated. Civil law may give greater weight to purpose and doctrine. Precision on authority, forum, and interpretation reduces friction later, especially in public contracts where civil law states may hold stronger prerogatives.
Houston is a natural venue for these conversations. It is a diverse, international business hub with counsel trained across Latin America and Europe. For energy, infrastructure, and technology matters, that mix of perspective and practicality is an advantage.
At FBFK Law, we help clients translate not only language but also legal expectations. We design dispute resolution paths that manage risk and maintain momentum, whether the counterparties are in Texas, Mexico, Ecuador, Colombia, or Spain.
