A Florida appellate court affirmed a ruling denying a motion to dismiss based on claims of improper forum. ABA Capital Markets Corporation, a foreign entity based in the British Virgin Islands, was sued in Florida state court by Venezuelan reinsurer Provincial De Reaseguros, in connection with payment disputes arising from the parties’ bond trades and other off-shore investment transactions. Addressing common law factors, the Court found that (1) Venezuela would have been an adequate alternative forum; but that (2) private, practical interests, including the residence of some key witnesses in Florida, militated against transfer to another forum or dismissal; (3) public interests, including ABA’s connection to the forum, militated against transfer or dismissal; and (4) inconvenience/prejudice to the parties were not factors. ABA Capital Markets Corp. v. Provincial De Reaseguros C.A., No. 3D12-130 (Fla. Ct. App. Nov. 7, 2012).
This post written by John Pitblado.