Swerdloff, Nicolas

Nicolas Swerdloff is a senior counsel who focuses on the litigation and arbitration of complex cross-border business disputes. He was previously a partner in the Litigation Department as well as Managing Partner of the Miami Office and a member of the firm’s Executive Committee.

Nick concentrates on financial, license, joint-venture, securities, professional liability, sovereign, and sports disputes. He has litigated such disputes in federal and state court throughout the U.S. and before the major arbitral institutions. Nick is ranked in Chambers and Partners, which reports that he “regularly acts as counsel in complex commercial litigation and offers significant experience in cases with cross-border elements.” Chambers and Partners also reports that he “represents clients in arbitrations” and “serv[es] as an arbitrator.”

Professional Activities

Member, ICDR Panel of Neutrals
Member, AAA Panel of Neutrals
Firm Representative, Miami International Arbitration Society
Past Chair, International Law Section of the Florida Bar

Recognitions

Ranked in Chambers and Partners USA (Florida, Litigation)
Ranked in Legal 500 Latin America (International Arbitration)
Included in Super Lawyers (International), with a ranking as one of the Top 100 lawyers in Florida
Included in Who's Who Legal: Litigation, Who’s Who Legal: Arbitration, The International Who's Who of Commercial Litigators, and Who's Who Legal: Compendium Edition
Included in Best Lawyers in America and Best Lawyers in Florida
Named in Florida Trend as a Florida Legal Elite
Named a Top Lawyer in South Florida Legal Guide
Included in Corporate America Legal Elite 2015, with recognition as Best for Alternative Dispute Resolution - Florida

Highlighted Publications

Florida Contribution to “United States of America (USA): Delos Guide to Arbitration Places (GAP)”, Delos Dispute Resolution (2018) (with Jeffrey Goldberg and Malik Havalic)
"Arbitrators' Power to Sanction Non-Compliance in Discovery in International Commercial Arbitration," 22nd International Council on Commercial Arbitration Congress (April 6 – 9, 2014) (with Hagit M. Elul and Andreas Baum)
"Proving Dilution Under the Federal Trademark Dilution Act of 1995," IP Litigator 3, No. 6, (Nov./Dec. 1997): 1
"Internet Domain Name-Grabbing, or Cyber-Squatting: An Analysis of Remedies Under Federal Law," The Florida Bar Journal 71, No. 2 (Feb. 1997)

Lectures

Speaker, "Mock Arbitration of Expedited Procedures," ICDR Miami International Arbitration Conference, Jan. 28 – 30, 2015
Speaker, Panel on "Early Stages of the Arbitral Process: Interim Measures and Document Production”, 22nd International Council on Commercial Arbitration Congress, April 6 – 9, 2014
Moderator, Tertulia Session, ICDR Young & International Program, 10th Annual Miami International Arbitration Conference, Sponsored by the ICDR, Sept. 9, 2012
Moderator, Panel on "International Aspects of the Chinese Dry-Wall Litigation," Eighth Annual Litigation and Arbitration Conference, Sponsored by the Florida Bar, International Law Section, Feb. 12, 2010
Moderator, Panel on "Sovereign Debt Litigation: Lessons from the Front Line," Sponsored by the American Bar Association, Section of International Law, 2009 Fall Meeting, Oct. 27 – 31, 2009
Moderator, Panel on "Discovery in International Litigation," Seventh Annual International Litigation and Arbitration Conference, Sponsored by the Florida Bar, International Law Section, March 14, 2009
Speaker, "Effectively Managing the Arbitral Process," ICDR's Seventh Annual Miami International Arbitration Conference, March 13, 2009
Speaker, "Damages in International Arbitration," Conference on International Commercial Arbitration in Latin America: The ICC Perspective, Sponsored by the ICC, Miami, Nov. 9 – 11, 2008
Moderator, Roundtable Discussion on "Developments in Latin American Arbitration," ICDR's Sixth Annual Miami International Arbitration Conference, March 30 – April 1, 2008
Speaker, "Motions to Compel Arbitration," Sixth Annual International Litigation and Arbitration Conference, Sponsored by the Florida Bar, International Law Section, March 29, 2008
Speaker, "Claims Against Sovereigns: Judicial and Arbitral Alternatives," seminar on Managing Volatility in Latin America, Sponsored by Hughes Hubbard & Reed LLP, March 13, 2008
Speaker, "Pursuing Defaulted Sovereign Debt Through the US Legal System," Conference on Emerging Markets Risk & Recovery, sponsored by Exporta, Amsterdam, Oct. 4, 2007
Moderator, Panel on "Arbitral Tribunals' Views on Discovery," Fifth Annual International Litigation and Arbitration Conference, Sponsored by the Florida Bar, International Law Section, April 19 – 20, 2007
Speaker, "Growing Use of International Arbitration," Seminar on Managing Risk in the Face of Volatility in Latin America, Sponsored by Hughes Hubbard & Reed LLP, March 15, 2007
Moderator, Roundtable Discussion on "Developments in Latin American Arbitration," ICDR's Fifth Annual Miami International Arbitration Conference, Feb. 21 – 23, 2007
Speaker, "International Arbitration and Interim Measures," Sponsored by the American Bar Association, Section of International Law, Fall 2006 Meeting, Nov. 5 – 7, 2006
Chair, Fourth Annual International Litigation and Arbitration Update, Sponsored by the Florida Bar, International Law Section, May 11 – 12, 2006
Speaker, "Existing or Possible Future Cooperation Between the Arbitral Institutions and the Judicial System in International Arbitration," ICDR's Fourth Annual Miami International Arbitration Conference, March 27, 2006
Speaker, "Cross-Border Asset Recovery," Conference on When Money Disappears – Response, Recovery and Regulation, Sponsored by the International Bar Association, April 28 – 29, 2005
Speaker, "Motions to Compel Arbitration," Second Annual International Arbitration Update, sponsored by the Florida Bar, International Law Section, Oct. 8, 2004
Speaker, "New Developments in International Arbitration," International Arbitration Update, Sponsored by the Florida Bar, International Law Section, June 25, 2003

Court Admissions

United States Courts of Appeals for the Second and Eleventh Circuits
United States District Courts for the Southern and Middle Districts of Florida, the Southern and Eastern Districts of New York and the Eastern and Western Districts of Michigan

Selected Litigation Matters

Representation of the former president of the Confederación Sudamericana de Fútbol (CONMEBOL) – the FIFA regional governing body of soccer for South America – in (i) a civil RICO action involving an alleged scheme to award commercial rights to various South American soccer tournaments in exchange for the payment of bribes, and (ii) an appeal from a criminal conviction in federal court based on the same alleged scheme
Representation of Novartis Pharmaceuticals Corporation in an action by Noven Pharmaceuticals for breach of agreement to terminate a joint venture
Representation of BAC Florida Bank – an affiliate of the Nicaragua-based Pellas Group – in a civil RICO action filed by a New York litigation trust established by PDVSA to pursue claims based on an alleged scheme to award PDVSA contracts in exchange for the payment of bribes
Representation of BNP Paribas (and other clients) in actions against the Republic of Argentina following a default on $115 billion of sovereign debt, resulting in judgments in the hundreds of millions of dollars
Representation of Alstom in multiple fraud and breach of warranty actions seeking hundreds of millions of dollars in damages based upon alleged deficiencies in the construction of the propulsion systems for several luxury cruise ships operated by Royal Caribbean Cruise Lines and Regent Seven Seas Cruise Lines
Representation of Royal Bank of Canada in multiple fraud actions, including securing the dismissal of (i) a fraud action arising from the failure of an alleged cross-border investment scheme, (ii) a fraudulent transfer action seeking the recovery of assets transferred to a Channel Islands affiliate of the Bank, and (iii) a securities fraud and civil RICO action arising from an illegal scheme to manipulate the stock of the plaintiff corporation
Representation of Ticofrut S.A. – an affiliate of the Nicaragua-based Pellas Group and manufacturer of juice products – in an action by Del Monte International, GmbH seeking to prevent Ticofrut from purchasing pineapples from its primary supplier based on an arbitral award that Del Monte obtained against that supplier
Representation of a leading international financial institution in connection with the defense of securities and related fraud claims arising from a £250 million collateralized debt obligation offering backed by a portfolio of asset-backed securities
Representation of the Central Bank of Paraguay in an action to successfully recover funds misappropriated from two Paraguayan banks in liquidation
Representation of Caja Paraguaya de Jubilaciones y Pensiones del Personal de la Itaipú Binacional – the retirement fund manager for Paraguayan employees of the joint Brazilian/Paraguayan Itaipú Binacional hydroelectric dam project - in the prosecution of its worldwide strategy to recover funds invested in a fraudulent scheme and other failed offerings
Representation of Banco Alemán del Paraguay in actions to successfully recover funds improperly transferred as part of a fraudulent scheme
Representation of the Agencia de Garantía de Depósitos of the Republic of Ecuador (the Ecuadorean Federal Deposit Insurance Corp.), acting on behalf of Banco Popular del Ecuador SA, an Ecuadorean bank, in securing the dismissal of a $180 million RICO action filed by the Republic of Colombia based upon the alleged misappropriation of taxes and customs duties by a Colombian affiliate of the Ecuadorean bank
Representation of Barclays Bank PLC, Miami Agency, in obtaining the dismissal of a breach of contract action arising out of a $75 million syndicated loan transaction designed to restructure "trade-related debt" of a number of Ecuadorean banks
Representation of the outside directors of Corporate Resources Services, Inc. in a federal securities class action, resulting in the dismissal of all claims against such directors
Representation of the outside directors of Dynegy Inc. in a consolidated federal securities class action, and in state and federal shareholder derivative actions, stemming from the company's restatements of selected transactions
Representation of PricewaterhouseCoopers LLP in the defense of (i) over 40 consolidated securities fraud and accountants' malpractice actions seeking more than $3 billion based on the collapse of Phar-Mor Inc., a leading discount drugstore chain, and (ii) federal and state securities fraud and accountants’ malpractice actions seeking $400 million arising from the then-largest insurance failure in Florida history
Representation of Hallmark Cards Inc. in securing the dismissal of a breach of contract and fraud action filed by retailers of Hallmark products
Representation of Lorillard Tobacco Co. as national coordinating counsel in smoking-and-health litigation throughout the country, including in thousands of cases in Florida
Representation of Chemical Specialties Inc. as national counsel in securing the dismissal of multiple consumer federal and state court class actions involving chromated copper arsenate-treated wood, and in subsequent nationwide individual product liability litigation

Selected Arbitration Matters

Representation of Italian investors in a fuel ethanol plant in connection with a bilateral investment treaty claim against Panama
Representation of the Republic of Paraguay in an UNCITRAL arbitration filed by an international construction conglomerate arising from a contract for the construction of a public transportation corridor
Representation of Ernst & Young Hong Kong in a $500 million malpractice claim in a CPR ad hoc arbitration in the U.S., resulting in an award, confirmed in federal court, in favor of Ernst & Young Hong Kong
Representation of a Brazilian aviation company in an ICDR arbitration arising from a dispute with a U.S. venture partner following the sale of the venture
Representation of a Swedish company in a non-administered arbitration arising from a dispute with a major U.S. finance company over an agreement to develop and commercialize new international shipping security technology
Representation of Arco Chemical Co. in an ICC arbitration and proceedings before the European Commission arising from a dispute with a licensee over the ownership of proprietary technology for the manufacture of certain petrochemical products
Representation of Hachette Filipacchi Médias SA, a leading magazine publisher, in an ICC arbitration arising from a dispute with a licensee over the terms of a license to publish a Spanish-language magazine in Mexico
Representation of the Florida Marlins in litigation brought by a minor league team to enjoin an arbitration to fix the compensation owed to the minor league team for the use of its geographic territory
Representation of a former soccer official in a FIFA disciplinary proceeding and related appeal to the Court of Arbitration for Sport
Representation of a state entity in connection with an assessment of claims in The Hague for violations of public international law based on the entry of a judgment against the state by the courts of another country
Service as an arbitrator (chair/sole and panel member) in multiple international and domestic arbitration proceedings

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