International Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to International Law.


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Practical and Legal Aspects of Debt Collection in Ukraine

  July 29, 2014     By Legiteam Law Agency LLC
Despite all the current geopolitics, trade goes on in Ukraine, but what if you are an exporter and have concerns about repayment?

Shanghai Free Trade Zone Releases 2014 Negative List Revision

  July 27, 2014     By John Oneil International
The broad negative list initially issued at the launch of the Shanghai Free Trade Zone (FTZ) in Oct 2013 has been revised as promised. The newly issued negative list issued on June 30 2014 takes immediate effect and decreases the initial number of prohibitions from 190 to 139.

People’s Republic of China Arbitration Clause – No Room for Ad Hoc?

  July 23, 2014     By John Oneil International
The People’s Republic of China (PRC) rules on arbitration requires arbitration by an institution. Therefore for China based arbitration this usually means arbitration through the China International and Trade Arbitration Commission (CIETAC).

Transatlantic Trade and Investment Partnership: How should Turkey Cope with the Changing Dynamics?

  July 22, 2014     By Herdem Attorneys at Law
The free trade agreement, known with its acronym TTIP, currently being negotiated between the United States and the European Union is expected to have immense legal implications as well as commercial ones for the signatories.

Integration of US and Europe Energy Markets: TTIP and Global Energy Trading Projection

  July 22, 2014     By Herdem Attorneys at Law
Shale gas revolution has been driving US energy market by increasing economic and industrial competitiveness. Today, shale gas has gained acceptance as “bonanza” which triggered slump in gas prices and sparked off widening the energy gap between US and Europe.

European Economic Interest Groups in Italy (EEIG)

  July 19, 2014     By Studio Misuraca, Attorneys Firm
EEIG in Italy ("Gruppo Europeo di Interesse Economico", GEIE) is an associative organization. GEIE or EEIG can exclusively be used within European area, it encourages cooperation between companies, others economic entities, professionals and physical persons even, and its main requirement is that, at least, partners are coming from two States members of the U.E. This tool can be easily employed in the participation to tenders.

Why Small Businesses Should Consider China Trademark Registration

  July 19, 2014     By John Oneil International
The recent troubles facing Tesla’s expansion into China, particularly the trademark of its name and it’s Chinese version TeSiLa should be paid close attention to especially by small businesses.

Establishing Business in Turkey

  July 14, 2014     By Ozturk & Partners Law Office
The New Turkish Commercial Code numbered 6102, published in the Official Gazzette on February 14,2011 came into effect on July 1, 2012.

Willfulness and the Civil FBAR Penalty

  July 10, 2014     By Brown, PC
In 2008, when it was revealed that wealthy individuals around the world were utilizing accounts and trusts in Liechtenstein to evade taxes, the United States initiated a coordinated effort with foreign governments to combat tax evasion through the use of offshore trusts and accounts. The U.S. Department of Justice (DOJ) has since launched criminal investigations of several foreign banks, many of which are ongoing.

The Regulation of Virtual Currencies - A Positive Step Undertaken by the EBA

  July 7, 2014     By CSB Advocates
On Friday the 4th of July the European Banking Authority (EBA) published an opinion addressed to the EU Council, European Commission and European Parliament outlining its view on how ‘virtual currencies' should be regulated.

Can You be Held Responsible for Texting a Driver Who Causes an Accident?

  July 4, 2014     By Brijnandan Singh Bhar & Co
Texting people is extremely common. Now, one might just be liable, if you do so to someone who is driving, and causes an accident. An Appellate Court decision which has thrown principles in disarray.

Prospective Pitfalls in the TTIP

  July 3, 2014     By Herdem Attorneys at Law
The United States and the European Union are readying themselves to celebrate the formation of the biggest single market to date which is expected to ease trade barriers across the Atlantic and increase the volume of bilateral trade between these two economic blocks.

Russian Migration Legislation Changes - June 2014 - Part 1

  June 30, 2014     By Levine Bridge Law Firm
Russian Migration Legislation Changes in June 2014.

IRS Changing Terms for Offshore Account Holders

  June 23, 2014     By Brown, PC
U.S. taxpayers hiding assets abroad should take note of the Internal Revenue Service’s plan to sharply increase penalties for such acts, while those who unintentionally fail to disclose offshore accounts will experience much more leniency.

Licence and Registration, Please! – New Licensing and Registration Regime for Directors of Cayman Companies

  June 20, 2014     By Loeb Smith & Brady
On 4th June 2014, the Directors Registration and Licensing Law, 2014 (the “Law”) came into force in the Cayman Islands. The Law requires all directors (wherever they reside in the world) of “Covered Entities” to register with the Cayman Islands Monetary Authority (“CIMA”). The Law has also introduced a licensing regime for “Professional Directors” and “Corporate Directors”.

Transatlantic Trade and Investment Partnership and The American Defense Industry

  June 19, 2014     By Herdem Attorneys at Law
TTIP, the free trade agreement that is currently being negotiated between the United States and the European Union, if successfully concluded by both parties will create the single most important common market in the world where more than one third of the world economic output is already being produced in these two sovereign blocks.

Dubai - A Global Leader

  June 18, 2014     By STA Law Firm
The near collapse of major financial markets around the world in 2008; has clearly left a lasting legacy on many. Questions have been raised in past as to what led ot the crisis, people who were instrumental in driving the downturn

Limitation in International Trade

  June 18, 2014     By Kydalov & Partners
One of the legal instruments and security accreditation of the rights and interests of the parties in the liability is the mechanisms of judicial protection and /or arbitration. But these mechanisms have their own characteristics and aspects that are important to know to protect your interests effectively. Thus, the important aspect is the limitations, in other words, the period during that a person is guaranteed by the judicial protection of rights.

The Problem Militating Against the Growth of Arbitration in Nigeria

  June 10, 2014     By Strachan Partners
Unlike commercial litigation where litigants spend many years in court for their dispute to be resolve by a Judge, an arbitration proceeding is fast and flexible. The parties agree on the process of resolving their dispute. Arbitration proceedings are confidential and an arbitral award is not subject to appeal. Notwithstanding the advantages of arbitration over litigation, there are many challenges facing Arbitration as a means of resolving commercial disputes in Nigeria.

An Appraisal of the Causes and the Panacea to Nigeria's Growing Interconnect Debts

  June 10, 2014     By Strachan Partners
The deregulation of the telecommunications sector in 2001 led to the issuance of telecom licenses to major telecom providers in Nigeria. Unlike the pre-deregulation era which was characterized by poor services by NITEL, Nigeria’s sole telecom provider, there has been an increase in international trade and investment as a result of the telecommunication revolution. The adverse effect of this is the staggering amounts of interconnect debts in Nigeria’s telecommunication sector.

Extra! Extra! Read All About It! IRS Commissioner Announces That Changes Are In the Offing For OVDP 2012

  June 6, 2014     By DeBlis & DeBlis
On June 3, 2014 the new IRS Commissioner, John A. Koskinen, gave a speech before the International Business - OECD International Tax Conference. His speech covered the history of the offshore enforcement initiative since the UBS debacle in 2009. His remarks acknowledge what most professionals in the tax community have recognized since the inception: that OVDP needs more tweaking in order to meet the overall goals of enforcement and fairness.

Transatlantic Trade and Investment Partnership: An Answer to the Shift of Global Economic Balances?

  June 4, 2014     By Herdem Attorneys at Law
Long gone are the days the American economy by itself producing almost the 50% of the total world economic output immediately following the Second World War. Gone, together with the predominance in the global economic output is the cheap energy prices that sustained the American economy and its new role back in the post war world as the workshop of the world following the British political and economic decline.

FBAR and FATCA – Two Abbreviations That Can Wrap You Around the IRS Axle

  June 1, 2014     By DeBlis & DeBlis
FBAR and FATCA are two important abbreviations for those who have overseas financial interests. Failure to file the FBAR report, in view of the IRS’s continuing application of FATCA, can get you into what old military veterans used to call FUBAR.

Arbitration: Your Counterparty is a Resident of Ukraine

  May 28, 2014     By Kydalov & Partners
Particularly, Ukraine, as the successor of the USSR, is the co-signatory of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) and the European Convention on International Commercial Arbitration of 1961, and the Law of Ukraine "On International Commercial Arbitration" almost verbatim repetition of the Model Law UNCITRAL "On international Commercial Arbitration" of 1985.

Technology & Communications Law - Malaysia

  May 26, 2014     By Brijnandan Singh Bhar & Co
A basic insight into the laws of technology and communications in Malaysia.

The Rules Governing Taxation of Foreign Nationals

  May 22, 2014     By DeBlis & DeBlis
Below are the rules governing taxation of foreign nationals.

New Law Passed to Modify Contract Law in the Cayman Islands

  May 21, 2014     By Loeb Smith & Brady
The Contracts (Rights of Third Parties) Law, 2014 (the “Law”) has now been passed into law in the Cayman Islands and is expected to enter into force shortly. The Law will grant to one or more persons who are not parties to a contract (each a “Third Party”) the ability to enforce rights and benefits expressly granted to the Third Party in the contract.

Company Formation in Albania - Business Licensing

  May 16, 2014     By LPA Law Firm Albania
Foreign nationals are entitled to take up economic activities in Albania as self-employed persons, and to set up undertakings, in particular companies, which they effectively control. Foreign companies can also do business in Albania through setting up subsidiaries and branches.

Newest Legal and Tax Implications When Purchasing Real Estate in Spain

  May 16, 2014     By De Micco & Friends Lawyers
In real estate transactions in Spain it still happens more often than not that acquired objects or extensions have to be dismantled because renovations or extensions were not properly authorised or the authorisation was not registered with the different agencies involved. Subsequent permits are possible in some cases, but they do require a special process and incur substantial expenses.

Malta Individual Investor Program – Facilitating Citizenship Through Investment in the Republic of Malta

  May 12, 2014     By Mossack Fonseca & Co.
The Republic of Malta allows investors to apply for citizenship, with all of its advantages. Acquiring Maltese citizenship also confers the benefits of European Union citizenship, since Malta has been a member of the European Union since 2004. Maltese citizenship also provides a visa exemption to more than 160 countries around the world, including the U.S.A.

“FATCA” Law is Striking Fear into Foreign Banks

  May 5, 2014     By DeBlis & DeBlis
Law That May Reduce Tax Evasion Goes Into Effect On July 1 The Foreign Account Tax Compliance Act (FATCA) became law in the United States in 2010, but the clock is still ticking on its implementation. The clock will stop ticking on July 1, 2014.

When Will the Cayman Courts Pierce or Lift the Corporate Veil of a Cayman Company

  May 4, 2014     By Loeb Smith & Brady
The general legal principles regarding corporate personality under the law of the Cayman Islands are similar to those under English law.

Understanding the PFIC Rules Without Suffering a Migraine

  May 1, 2014     By DeBlis & DeBlis
The PFIC regime was not introduced until 1986. Prior to 1986, U.S. taxation of foreign corporations was strictly tied to control of the corporation held by U.S. persons. This allowed not only the foreign mutual fund to avoid U.S. taxation, but also U.S. persons who invested in the fund. How so?

MFSA Clarifies the Limits Applicable to Cross Sub-Fund Investments

  April 30, 2014     By CSB Advocates
Subject to certain conditions, a sub-fund of a PIF or of an AIF which is constituted as a SICAV is allowed to invest up to 50% of its assets into another sub-fund or sub-funds within the same umbrella scheme.

Lifting the Veil on the Civil FBAR Penalty

  April 28, 2014     By DeBlis & DeBlis
It should come as no surprise that the IRS has authority to assess FBAR civil penalties. However, what might come as a surprise is that an FBAR violation doesn’t automatically mean that a penalty will be asserted. Why not?

No Laughing Matter: The Criminal Consequences of Failing to Report Foreign Bank Accounts

  April 28, 2014     By DeBlis & DeBlis
United States citizens, residents and other persons must annually report their direct or indirect financial interest in, or signature authority over, a financial account that is maintained with a financial institution located in a foreign country if, for any calendar year, the aggregate value of all foreign accounts exceeded $ 10,000 at any time during the year.

Remedies Against EU Sanctions Targeting Russian and Ukrainian Officials

  April 24, 2014     By Lorenz
In the wake of new turmoil in eastern regions of Ukraine, the European Union has decided to expand the list of sanctioned persons subject to a freezing of their assets. Irrespective of a number of exemptions provided for in the relevant EU Regulations, the sanctioned persons have the possibility of challenging the freezing measures before the EU Courts in Luxembourg.

MH370 - The Montreal Convention from a Malaysian Perspective

  April 24, 2014     By Brijnandan Singh Bhar & Co
An insight for the unfortunate whose relatives were traveling on MH370.

Bilateral Arbitration Treaties: A Few “Bits” More and No “Buts” within the Portuguese Jurisdiction

  April 22, 2014     By BCH Lawyers
In his “Kiev Arbitration Days” after-dinner speech in November 2012 (“BITS, BATS and BUTS”), Gary Born presented a suggestion that can leave no one indifferent (speech published as “Essay” by Young Arbitration Review, March 2014 Edition). His idea is to take advantage of the legal framework and experiences gained from the world of investment arbitration and bring that framework and those experiences into international commercial arbitration.

White Collar Crime: Entrapment and Ignorance of the Law Can Snare the Unwary

  April 18, 2014     By DeBlis & DeBlis
The most common white-collar offenses run the gamut of nonviolent crimes from antitrust violations to money laundering. The FBI estimates that white-collar crime costs the United States more than $300 billion annually. These estimates do not take into account cases where aggressive and ambitious prosecutors snare an unwary person, who eventually pleads guilty in the face of intimidation and threats. Then there is the plethora of regulations where ignorant noncompliance is, nevertheless, a crime.

A Primer on the Foreign Earned Income Exclusion

  April 18, 2014     By DeBlis & DeBlis
Ordinarily, the United States taxes U.S. citizens and resident aliens on their worldwide income, even when they live and work abroad for an extended period of time. To provide some relief, a U.S. citizen or resident who meets certain requirements can elect to exclude from U.S. taxation a limited amount of foreign earned income plus a housing cost amount. A double tax benefit is not allowed, however, and a taxpayer cannot claim a credit for foreign income taxes related to excluded income.

Marriage Features Between Ukrainian Citizen and Non-resident

  March 27, 2014     By Kydalov & Partners
Another, as we may say, and at least an adult step in the life of almost every person is marriage. As they say, love knows no age boundaries and don't see boundaries. The lack of "boundaries" in the modern world helps to promote international marriages.

Cross-Border Cooperation with Ukrainian Constitute

  March 24, 2014     By Kydalov & Partners
The cross-border cooperation in its actions submits the implementation of common programmes in different fields such as economic, social, scientific, technological, ecological, cultural and others. The main aim of all these relations between business entities from different countries is to get mutual advantages.

Enforcement of Foreign Awards in India

  March 19, 2014     By Rautray & Co.
Prior to the enactment of the Arbitration and Conciliation Act, 1996 (“Act”) the enforcement of foreign awards were governed by the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961 (“1961 Act”). The law on annulment of domestic awards was governed by the Indian Arbitration Act, 1940 (“1940 Act”). The 1961 Act was enacted by the Indian Legislature to implement the New York Convention.

General Observations Regarding the Greek Real Estate Market

  March 14, 2014     By A&P Generalis Law Firm
With the support of an extensive network of professionals (tax advisors, architects, civil engineers, business consultants), a complete series of informative, practical guides focusing on the most important fields of Greek law is available to private individuals, professionals and companies.

Obtaining a Residence Permit in Greece

  March 13, 2014     By A&P Generalis Law Firm
Greek government instated a procedure to obtain permanent residence permits, which can be renewed every five years, for third-country citizens who own real estate in Greece of minimum value €250.000, adopting a friendlier stance towards those who wish to own real estate property in Greece.

The Greek Real Estate Market for Foreign Investors

  March 13, 2014     By A&P Generalis Law Firm
Our practical guide to real estate in Greece covers the entire spectrum of legal and tax issues which arise in practice when purchasing, managing, utilizing, developing and reselling property in Greece. It is addressed to both Greek nationals and foreign citizens of other European and non-EU countries who have a practical interest in legal and tax matters in Greece, with the aim of facilitating entrepreneurship and more generally the access of foreigners to the Greek market.

How Does Malaysian Law Deal With Acts of Piracy at Sea?

  March 12, 2014     By Brijnandan Singh Bhar & Co
Piracy is a prevailing problem with no reasonable solution in sight. How safe is your ship or consignment passing through the seas surrounding Malaysia and what laws apply to this region?

Concessions in Albania / PPP in Albania

  March 11, 2014     By LPA Law Firm Albania
According to the assessment, the application of the laws of the PPP / concession in Albania is estimated to achieve "high efficiency" compared to international standards, the implementation of AML being a strong pillar and institutional frameworks and policy pillars were weak.

Congo-Brazzaville: Adoption of Bill on Single Window for Cross-Border Operations

  March 10, 2014     By Emery Mukendi Wafwana & Associates
Congo-Brazzaville: Bill on the creation of a single window for cross-border operations has been adopted.

Guinea: Enactment of Law Amending the Mining Code of 2011

  March 10, 2014     By Emery Mukendi Wafwana & Associates
New perspectives for the mining sector in Guinea: enactment of the law amending the Mining Code of 2011.

Accession of the Democratic Republic of the Congo to the New York Convention on Arbitration

  March 10, 2014     By Emery Mukendi Wafwana & Associates
After its adoption by the National Assembly and the Senate of the Democratic Republic of the Congo (“DRC”), the President of the Republic promulgated on June 26, 2013 the Law No. 13/023 authorizing the accession of the DRC to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards signed in New York, on June 10, 1958 (the “Convention”).

Democratic Republic of the Congo Postpones Ban on Export of Copper and Cobalt Concentrates

  March 10, 2014     By Emery Mukendi Wafwana & Associates
Democratic Republic of the Congo’s ban on export of copper and cobalt concentrates postponed until December 31, 2013.

Comparative Legal Analysis on the Legislations regarding Corruption and Bribery in Turkey

  March 5, 2014     By Serap Zuvin Law Offices
This article is a comparative legal analysis, which points out the adaptability of the legislation in Turkey and the international agreements on corruption and bribery, whereas also points out the differences of the legislation between Turkey, India and United States of America on the contemplated subject.

The Contracts (Rights of Third Parties) Bill, 2014 proposes changes to Cayman contract law

  March 4, 2014     By Loeb Smith & Brady
The Cayman Islands Government has published a new bill that will modify contract law in the Cayman Islands when it is passed into law by mid-March 2014.

Surf’s Up: New Consumer Directive Makes some Waves - Malta

  February 19, 2014     By CSB Advocates
In Europe, online sales are set to reach 191 billion Euro by the year 2017. Faced with these numbers, businesses simply cannot afford to pass up the opportunities presented to them by online channels. Neither can they afford to remain in the dark about developments in the e-commerce regulatory sector. The ever-changing landscape of the world market necessitates a fast reaction time and a keen adaptability for businesses to remain relevant.

Limitation of Business Freedom in Poland

  February 19, 2014     By Dudkowiak & Kopec Law Firm
Economic freedom in Poland is guaranteed by article 20 of Polish Constitution. However, it does not mean that the Parliament cannot specify terms and conditions in which economic activity may be undertaken and subsequently carried out. In some spheres, due to important public interest, the Parliament retained the right of permitting economic activity to the discretion of economic administrative bodies.

Bilateral Investment Promotion and Protection Agreements of Turkey

  February 19, 2014     By Herdem Attorneys at Law
Starting with the trade liberalisation and opening up of the economies world over accordingly, each country has been trying to attract foreign capital through liberalised investment policies. In this connection, foreign investors started to seek investment destinations which provide most protective, hospitable and profitable climate for their investments.

Employment Law in Israel

  February 17, 2014     By Livnat, Mayer & Co.
Significant Issues in Employment Law in Israel

New Amendment of Company Law of PRC Simplifies the Establishment of A Company in China

  February 17, 2014     By UB & Co. Attorneys and Counselors
On December 28, 2013, the Standing Committee of National People's Congress made a decision to amend the Company Law of PRC and the new amendment (the “Amendment”) will take effect on March 1, 2014.

Adjustment of Administrative Approval in China (Shanghai) Free Trade Trial Zone

  February 17, 2014     By UB & Co. Attorneys and Counselors
On August 30, 2013, the Standing Committee of the National People's Congress (“Standing Committee”) issued a decision in which the State Council is authorized to temporarily adjust certain rules on administrative approval in relevant laws within China (Shanghai) Free Trade Trial Zone (hereinafter the “Decision”), which will enter into effect on October 1, 2013.

China Simplifies Rules on Foreign Exchange Administration of Foreign Direct Investment

  February 17, 2014     By UB & Co. Attorneys and Counselors
On May 10, 2013, State Administration of Foreign Exchange (“SAFE”) released the “Regulations on the Foreign Exchange Administration of Domestic Foreign Direct Investment” (hereinafter the “Regulations”), which came into effect on May 13, 2013.

Licensing for Software as a Service (SaaS) in the UAE

  February 15, 2014     By Prudential Middle East
In the UAE, because of the lack of a comprehensive set of laws for the provision of cloud computing services, the relationship between the parties is largely governed by general laws and trust

Islamic Finance: Theory and Practice

  February 15, 2014     By Prudential Middle East
The Islamic financial system refers to financial market transactions, processes and services that conform to Islamic laws and codes of practices.

The Development of Child Rights Law in the UAE

  February 15, 2014     By Prudential Middle East
A series of federal and local laws were developed with the purpose of regulating relations and ensuring the stability of transactions and the safety of society.

Oil Legislation in the Republic of the Congo

  February 14, 2014     By Emery Mukendi Wafwana & Associates
The Republic of the Congo, often called Congo-Brazzaville, is a country located in Central Africa that straddles the Equator line and covers a surface of ​​342,000 km2 with a population of approximately four (4) million.

More U.S. Taxpayers Admit to Secret Swiss Accounts

  February 8, 2014     By DeBlis & DeBlis
Why Swiss Bank Clients Who Can’t Stand the Heat Are Getting Out of the Kitchen.

New Corporate Governance Standards for Regulated Mutual Funds in the Cayman Islands

  February 4, 2014     By Loeb Smith & Brady
In response to feedback from its consultation with stakeholders in the Cayman Islands financial services industry (including feedback on a draft Statement of Guidance on Corporate Governance for Regulated Mutual Funds), the Cayman Islands Monetary Authority (“CIMA”) has formally issued, on 13 January 2014, a final Statement of Guidance on Corporate Governance for Regulated Mutual Funds (the “Statement of Guidance”).

The Malta-Alderney MOU: Is It a Game-changer?

  January 30, 2014     By CSB Advocates
Following the announcement of the signature of a bilateral Memorandum of Understanding between Malta and Alderney between the Malta Lotteries and Gaming Authority (LGA) and the Alderney Gambling Control Commission (AGCC) on the 9th October 2013, several operators await further details about the MoU with some anticipation.

MOTIVATION OF ARBITRAL AWARDS: A FEW NOTES

  January 26, 2014     By BCH Lawyers
Decide promptly, but never give any reasons. Your decisions may be right, but your reasons are sure to be wrong. -William Murray, 1st Earl of Mansfield

Asymmetrical Arbitration Clauses Under the Portuguese Law

  January 26, 2014     By BCH Lawyers
An asymmetrical, unilateral or non-mutual arbitration clause may be grossly defined as the one that grants one party to an agreement the right to select either arbitration or litigation as a means to resolve disputes arising from the underlying agreement, yet denies that right to the other party.

Schengen Visa Decisions of the German Embassy Can be Fully Controlled by the Berlin Administrative Court

  January 13, 2014     By Stefan Graebner, Attorney
A German embassy can only reject to issue a "Schengen-Visa" if this is expressly regulated in the EU Visa Code. The national authorities have a wide discretion to determine if there are rejection reasons for the visa applicant, but it is not an exclusive discretion which cannot be controlled by the administrative court.

Argentina: Tax Havens - Publication of the List of Cooperative Jurisdictions for Tax Transparency Purposes

  January 9, 2014     By García Menéndez - Attorneys at Law
The National Tax Authority (“AFIP”) published today in its “web” site the list of countries, jurisdictions, territories, states and special tax regimes which qualify as cooperative for tax transparency purposes (the “Cooperative Jurisdiction List”).

Global Economic Uncertainties and The Expanding Sukuk Market in Turkey

  January 8, 2014     By Herdem Attorneys at Law
It is no surprise that in times of global and local economic uncertainties, people are more tend to look for a safe haven to wait for the fluctuations to come to an end.

Alternate remedy to the Hague Convention on the Taking of Evidence & Pre-trial Discovery

  January 2, 2014     By Rautray & Co.
Notwithstanding the earlier request to the Central Authority it is open to either party to request the judicial authority of the contracting state to issue a fresh letter of request for taking evidence directly to the High Court of the State in which the witness resides or carries on its business. The fresh letter of request addressed to the concerned High Court of the Indian State would be executable under the provisions of the Code of Civil Procedure, 1908 (‘Code’).

A Tax Exempt Start up for Multinational Companies: Liasion Offices in Free Trade Zones of Turkey

  December 30, 2013     By Herdem Attorneys at Law
Today, in global cash flow around the world made multinational companies to think more on tax benefits and cost effectiveness before they invest in a country.

Approval of the Amendments to the License Terms for the Importation of Drugs - Ukraine

  December 24, 2013     By Legal Alliance
The Order of the Ministry of Health of Ukraine № 960 dated November 8th, 2013, “On Approval of the amendments to the License terms for the business related to the importation of drugs" was published. The stated Law cancels the Order of the Ministry of Health of Ukraine № 453 dated March 30th, 2013 and suggests phased introduction of the new requirements for the importers.

Actions the Retailer Must Take after Issuance the Order for a Ban on Circulation of Batches of Medicines - Ukraine

  December 24, 2013     By Legal Alliance
The issue of imposition of a ban (temporary ban) on medicine circulation is regulated, in particular, by the Procedure for imposing a ban (temporary ban) on and restoring circulation of medicines in Ukraine (hereinafter referred to as “the Procedure”) approved by the order of the Ministry of Health of Ukraine dated 22/11/2011 No. 809.

Chinese Regulations for Investments in Germany

  December 19, 2013     By Bright & Right
A rather detailed introduction of the legal aspects of outbound investment from China to foreign countries based upon the legal reality of China before 2012, which is undergoing further major changes in China at the moment.

New Investment Opportunities for Master Funds Schemes in Turkey

  December 16, 2013     By Herdem Attorneys at Law
Business world firstly threw master funds opinion into the pot in 2011. After two years, this attempt currently came into climax with government support.

Challenges Dealing with Current Account Deficit for an Open Economy: Turkey Case in Point

  December 16, 2013     By Herdem Attorneys at Law
Major countries can encounter the problem of current account deficit which bring economic problems in developing countries.

What Attract FDI to Turkey and Why Investors Prefer to Make an Investment in Turkey?

  December 16, 2013     By Herdem Attorneys at Law
Turkish government makes room for new investors as Turkish economy is open economy which impact Turkey’s growth positively over the last decade and Turkey has growth potential among developing countries.

What Brings Bali Package to Global Traders?

  December 16, 2013     By Herdem Attorneys at Law
The World Trade Organization (WTO) reached its first trade reform deal on Saturday with the approval of nearly 160 ministers, who had gathered on the Bali to decide on the make-or-break agreement that could add $1 trillion to the global economy.

Incentives on Renewables in Turkey

  December 15, 2013     By Herdem Attorneys at Law
As many other countries, Turkey also intends to increase the rate of renewable energy resources to 30 % in its power generation until 20231. In accordance with this, adequate legislative amendments and legal reforms in energy have been made since 2010 which provide diverse incentives to investors. Recently, the Council of Ministers passed a resolution concerning investments and domestic production in renewable energy.

What Laws Affect Mail Order Brides?

  December 13, 2013     By HG.org
As the Internet makes the world a smaller and smaller place, unusual new ways of meeting people have become increasingly popular. While personal ads placed in the newspaper used to be a somewhat embarrassing way of meeting someone, the explosion of the Internet made online dating sites almost the norm for arranging romantic encounters. Similarly, the Internet has also opened the doors to international romance in the form of “mail order bride” services. But what laws affect mail order brides?

Managing China Risk in a Changed Business Ecosystem

  December 13, 2013     By Pamir Law Group
Cartoonist David Horsey earlier this year created an image of an anxious Uncle Sam asking a fortune teller, "Can you tell me about my future?" She responds: "Hmm ... I would, but I can't read Chinese."

Dispute Resolution Forum Selection Uncertain with Arbitration Commission Secession - China

  December 13, 2013     By Pamir Law Group
The Shanghai branch of the China International Economic and Trade Arbitration Commission (CIETAC) recently split from CIETAC after the launch of its 2012 arbitration rules. The Shanghai branch (Shanghai CIETAC) declared itself an independent adjudication body with its own arbitration rules and its own panel of arbitrators. However, CIETAC denies the validity of the secession.

Are There Laws Against Spying in the United States?

  December 12, 2013     By HG.org
Movies and television shows often glamorize the world of espionage. But, in reality, is it quite so exciting? Aside from the lack of martinis and frequent shoot outs to save the world, the reality is that espionage is a crime in the United States.

Are There Laws in the U.S. Against Importing Goods Made by Child Labor or Slaves?

  December 12, 2013     By HG.org
Ever stopped and wondered where your various household goods came from? Not just the country of origin, but who actually worked to produce it? Most products, even those from other countries, are produced by adults, and though their standard of living may be different than that of their counterparts in America, they are working of their own free will. However, some products and services, even today, are still being produced by children and forced labor.

How to Secure Projects: the Significance of Insurance in Project Finance

  December 9, 2013     By Herdem Attorneys at Law
In the last 5 or 6 years some projects have had the benefit of insurance which is designed to pick up the risk after the contractor's liability has been exhausted.

The Guide to Benefit from the New Turkish Incentive Scheme

  December 9, 2013     By Herdem Attorneys at Law
The overriding concern behind the new Turkish incentive scheme is the resumption of the macro-economic stability of the Turkish economy.

Enforcement of a Foreign Judgment in Turkey - Is It Possible to Enforce Romanian Judgments in Turkey?

  December 7, 2013     By Cindemir Law Office
This article aims at explaining enforcement of foreign judgments obtained from Courts of Romania in Turkey. It explains the procedure of implementation of Romanian Decrees/Decisions in Romania based on judicial and legal cooperation agreement which enables reciprocity between Turkey and Poland as a core treaty. It also touches arbitral awards enforcement which are given by Romanian Courts.

Foreign Account Tax Compliance Act - Panama

  December 4, 2013     By Beitia-Carrillo Consultores & Asociados
In 2014, essentially all the financial institutions operating in Panama will be required to submit information to the United States (IRS) authorities, concerning “American citizen” in Panama.

Advantages of E-GKS in Terms of Transparency - Turkey

  December 3, 2013     By Herdem Attorneys at Law
There is a significant regulation with regard to the companies in Turkey and their shareholders in Turkey and abroad which has been promulgated in the Official Gazette dated August 28, 2012, numbered 28396, which indicate ‘‘Regulation pertaining to the General Assembly of Joint Stock Companies to be held via Electronic Means (EGKS) ’’.

What is Sharia Law and How Does it Apply in America

  December 2, 2013     By HG.org
Sharia law is the Islamic system of moral codes that govern all aspects of Muslim life. Since 9/11, a wave of anti-Sharia legislation has swept across America. But what is Sharia law, and is it really something that Americans should be concerned about? Is anti-Sharia law actually more dangerous to American freedoms than the moral code it seeks to prohibit?

How Does U.S. Law View Offshore Bank Accounts?

  December 2, 2013     By HG.org
Perhaps you are one of the fortunate few who has achieved a level of wealth where you are legitimately concerned that the ebb and flow of the U.S. economy could have a dramatic effect on your personal finances. Or, perhaps, you have heard that there are ways to avoid certain taxes if you keep your money offshore.

What Do I Have To Declare At Customs When Entering the United States?

  December 2, 2013     By HG.org
When traveling abroad, one set of laws tend to concern and confuse people more than others: customs laws. When entering the United States, certain items must be “declared” (i.e., one must alert customs officials that they are in the that person's possession). This could lead to the requirement to pay a small “duty” fee to bring the item into the country, or it may be seized and you may not be allowed to bring it into the country at all.

Overview of Cayman Islands Law Governing Hedge Funds – Q&A

  November 29, 2013     By Loeb Smith & Brady
The primary legislation regulating hedge funds in the Cayman Islands is the Mutual Funds Law (As Revised) (the “Funds Law”) and accompanying regulations, including the Retail Mutual Funds (Japan) Regulations (2007 Revision, as amended) which generally apply to investment funds licensed under the Funds Law (licensed funds) where the securities are marketed to the public in Japan.

Founding Partner Liable to Pay Compensation Even Though a Broker Was Used – Germany

  November 29, 2013     By GRP Rainer LLP
According to the Federal Supreme Court (BGH), founding limited partners are liable for incomplete or wrong information given by the brokers they use.

Turkey Construction Contracts Which Mean EPC Contracts in Project Finance

  November 26, 2013     By Herdem Attorneys at Law
Project finance means the term applied to a variety of financing structures that have a few features in common. There are lots of participants take place in Project financing, namely; project sponsor, suppliers, contractors, bondholders and the other parties.


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