International Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of International Law.
May 3, 2016 By Loeb Smith
Structure of Cayman Private Equity Funds. The most common structure for a Cayman Islands domiciled private equity fund (“PE Fund”) is as an exempted limited partnership (“ELP”) formed under the Exempted Limited Partnership Law (As Revised) (“ELP Law”).
May 2, 2016 By Loeb Smith
Shareholders of a Cayman Islands company may petition the Grand Court for an order that a company is wound up pursuant to section 92(e) of the Companies Law (As Revised) on the basis that it is "just and equitable" for it to do so.
Cayman Islands Shareholder Disputes and Corporate Insolvency: Applications for Validation Orders by Solvent Companies
May 1, 2016 By Loeb Smith
On 9 February 2016, Clifford J., sitting in the Financial Services Division of the Grand Court of the Cayman Islands gave Judgment in In Re Torchlight Fund L.P. (unreported) reaffirming the principles which the Court will take into account in determining whether to grant a validation order.
May 2, 2016 By Angualia Busiku & Co. Advocates
The licensing of investments in Uganda provides vital information for the Government in the following areas:
May 1, 2016 By Angualia Busiku & Co. Advocates
According to the Investment Code Act 1991, Section 15 (1 and 2), Uganda Investment Authority (UIA) shall issue to the applicant an investment license which shall; Authorize the holder of a license to make all arrangements necessary for establishing the business enterprise described in the license.
April 25, 2016 By Angualia Busiku & Co. Advocates
The absolute exemption on plant and machinery only applies to plant and machinery used in the agricultural sector.
April 26, 2016 By Angualia Busiku & Co. Advocates
After a company has been incorporated registered (foreign company) in Uganda, it is eligible for an investment license provided its capital investment exceeds US$ 100,000 (Foreign firms) and US $ 50,000 (Local firms).
April 22, 2016 By B&R Latin America IP LLC
The Hague Apostille Convention of 5 October 1961 was born out of the need to simplify the circulation of documents between different states and countries in the world. The convention applies only to public documents that need to be authorized. If both countries are part of the convention, an Apostille will be sufficient.
April 21, 2016 By Izadi Law Firm
Since the Islamic Revolution in 1979, Islamic Republic of Iran has always exposed to various international sanctions due to different reasons and excuses. They put Iran under different sanctions directly or indirectly through international organizations, under the pretext of creating an international order. As matter of fact, they pursue their own foreign policy goals and use sanctions as a means to achieve those goals.
April 18, 2016 By Hassan Elhais
Article 215 and 217 of the Civil Procedures Law of the UAE states that a person does not have the right to enter into an arbitration agreement if the signatory does not have the authority to bind the person it is representing through a private power of attorney to sign such a contract to arbitrate.
Jurisdiction of Cyprus Courts to Recognize and Enforce Foreign Judgments and Foreign Arbitral Awards in Cyprus
April 15, 2016 By Soteris Pittas & Co L.L.C.
In a recent decision of the District Court of Nicosia, it has been held that Cyprus Courts have jurisdiction to adjudicate on applications for enforcement of foreign judgments and foreign arbitral Awards, even if both the judgment creditor and judgment debtor reside outside Cyprus.
April 17, 2016 By MMLC Group
The path to reform for foreign investment regulation in China, and how that will boost the services sector.
April 6, 2016 By GRP Rainer LLP
Investors in Ekosem-Agrar GmbH are to vote on a four-year extension to the terms of two bonds. Creditor meetings are taking place on March 16 and 17.
April 2, 2016 By DLF Attorneys at Law
On 16 March 2016, the Verkhovna Rada ratified the Agreement between the Government of Ukraine and the Government of the Federal Republic of Germany on establishment of the German-Ukrainian Chamber of Commerce and Industry. The Agreement was approved on 23 October 2015 at the Ukrainian-German business forum in Berlin.
April 2, 2016 By Dobrev & Lyutskanov Law Firm
The new Insurance Code improves the legal framework and introduces the standard Community requirements to ensure legal certainty on the insurance market with a view to providing better protection to the interests of insurance service users.
March 31, 2016 By Soteris Pittas & Co L.L.C.
In a recent decision of the English Commercial Court in ESSAR SHIPPING LTD –v- BANK OF CHINA LTD (2015) it has been held that an applicant to an anti-suit injunction shall act promptly and not sleep on his rights.
March 31, 2016 By Dixcart Legal Limited
A very brief look at some of the headline issues involved when entering into Agency Agreements – both for trade within the UK and within Europe.
March 31, 2016 By Dixcart Legal Limited
A brief overview of the main principles of competition law and what is prohibited, followed by a quick checklist of actions that businesses can take to ensure compliance with competition law. It may also assist businesses to identify illegal anti-competitive behaviour by others.
March 30, 2016 By Remells Law Firm
A summary of Azerbaijan's laws and regulations on agriculture. Useful to those foreign companies interested in investing in agriculture-related business in Azerbaijan.
March 18, 2016 By Hammond, Minciu and Associates
The European Court of Justice is having a larger influence on people’s lives than is popularly realised. As is often the case the Court has made a decision which will have an impact on consumers in Europe and perhaps world-wide and was not picked up by the majority of the consumer press, rather only by lawyers who specialise in the field of aviation law.
March 17, 2016 By Remells Law Firm
General legal matters relating to how to set up joint ventures in Azerbaijan.
March 17, 2016 By MMLC Group
On 29 January 2016, the Ministry of Finance, the State Administration of Taxation and the Ministry of Science and Technology jointly issued the Administrative Measures for Recognition of High and New-Technology Enterprises (HNTE)(GuoKeFaHuo  No.32 (Circular 32)), which provided new incentive criteria, as well as adjusting the HNTE recognition requirement, and the procedures and supervision of the policy.
March 21, 2016 By Just Rights
This articles provides guidance on how to make a request for interim measures before the European Court of Human Rights.
March 17, 2016 By Just Rights
An introduction to the European Court of Human Rights.
March 16, 2016 By Hughes Krupica
Practical points to consider when contemplating applying for Thai citizenship.
August 23, 2010 By HG.org
Sometimes when individuals travel to the United States, they will also want their domestic help, such as a maid, housekeeper or nanny to travel with them. In order to accomplish this objective, the traveling individual must petition for a B-1 Visa.
March 12, 2016 By Youssry Saleh Law Firm
Procedure for Foreign Arbitral Award (or arbitration award) Enforcement in Egypt The competent court authorized to hear cases related to the enforcement of a foreign arbitration court: Chief Court of Appeal of Cairo is the competent authority, unless otherwise agreed upon between the parties.
March 12, 2016 By Dobrev & Lyutskanov Law Firm
There are number of specific features in the reorganization of companies established in EU members states. What are they?
March 9, 2016 By Hammond, Minciu and Associates
After much debate and discussion the European Parliament and the Council have issued the recast Directive on Insurance Distribution.
March 9, 2016 By Brain Trust International Law Firm
Since December 2015, U.S. steel producers have filed cases charging foreign competitors with dumping products, U. S. government has twice penalized foreign steel producers as a result. Likewise, the Taiwan based steel manufacture, Chinese Steel Corporation (“CSC”), has filed a petition to the competent authority of Taiwan.
March 9, 2016 By Ihqaq Law Firm
Free zones in Jordan offer investors exemptions from income and social services taxes, custom duties and import duties.
March 8, 2016 By Ihqaq Law Firm
According to Jordanian Corporate law, the non-operating Foreign Company in Jordan is a Company or an entity which has its regional or representative office in Jordan for operations that it conducts outside the Kingdom for the purpose of using such a regional or representative office for managing its operations and coordinating them with its headquarters, and it is prohibited from carrying out any business or commercial activity inside the Kingdom.
March 4, 2016 By ADMD Law Office
The laws and regulations governing the insurance and reinsurance practices in Turkey are quite complex, This brief aims to inform readers on general reinsurance regulations in Turkey and tries to shed light to the reinsurance business by international insurance providers in Turkey.
March 3, 2016 By Hammond, Minciu and Associates
The use of lawyers in Romania has in the past has often been limited to using them for legal advisory and court work. Most clients should consider using their lawyers in other fields in Romania. They should be used not only for legal matters but for commercial matters which have a legal angle.
March 4, 2016 By Soteris Pittas & Co L.L.C.
In the recent case of Ukrainian Vodka Company Ltd v Nemiroff International Limited, the Applicant requested an order of the Court permitting the enforcement of two Arbitral Awards issued in favor of the Applicant and against Nemiroff International Limited.
February 23, 2016 By Kydalov & Partners
The Ukrainian land is the most fertile in the European Union, the development of agro-industries are a significant and also market of organic agricultural products has been growing.
February 17, 2016 By Youssry Saleh Law Firm
Vessels Registration under the Egyptian law Egypt enjoys strategic and distinguished location between the two seas, Mediterranean and the Red Sea, which makes Egypt one of the most important international trading arteries. Egypt, with its important transportation channel-the Suez Canal and large ports of Alexandria, Port Said, Damietta, Safaga, Ain Sokhna etc. is indeed an important hub for shipping.
February 12, 2016 By Hammond, Minciu and Associates
One of the current most challenging issues on the incorporation of a company in Romania is the immediate tax impact on the company and its profitability. The majority of Romanian companies were incorporated with the minimum capital of two hundred (200) RON. This means a minimum capital of approximately forty five (45) Euros. This is still the case.
February 12, 2016 By Krasimira Kadieva
This article aims to inform proprietors of Community trademarks with the opportunity to file a declaration under Article 28, Paragraph 8 of Regulation (EU) 2015/2424.
February 9, 2016 By Kinanis LLC
New laws have recently been enacted in Cyprus, effecting important changes to the Income Tax Law and Capital Gains Tax Law. In addition, a serious change has been effected on the procedure followed by the Income Tax Authorities in issuing tax residency certificates with the aim to secure that the management and control of the tax resident companies is indeed exercised in Cyprus.
The legal war of Ukraine against Russia was announced in 2014 but in the second half of 2015 took the unwrapped and massive character. On October 21, 2015, Ukraine sent the claim to the World Trade Organization against the Russian Federation, which put forward the issue for the imposition of Russian limitations on the supply of rail cars, switch equipment for railways and other products in the industry, because of which revenues of Ukrainian companies have fallen to 96%. What should we wait?
Parallel import in Israel is a growing and expanding phenomenon. Many brands are imported not only by official/exclusive importers, but by other importers as well.
On September 7, 2014, the Israel Tax Authority published a new procedure for voluntary disclosure of previously unreported income and assets, as well as a temporary order to replace the previous procedure, which was in effect since 2005, and the temporary order, which was in effect since 2011.
Asset securitization is the development and implementation of a set of legal measures aimed at the preservation of property. This practice has evolved in a separate area in connection with the increasing number of raiders, corporate conflicts with Ukrainian partners, lots of losses of already privatized objects, return of previously purchased objects from private property to the State, etc.
The Ministry of Commerce and Industry issued a decision to establish a register at the General Authority for Control on Exports and Imports for the eligible factories to export a number of finished products to the Egyptian Markets.
It is proposed that a new law (the “Law”) be enacted, to permit the formation of a new type of vehicle in the Cayman Islands – a Cayman Islands limited liability company (an "LLC").
On 16 October 2015, the Cayman Islands Tax Information Authority (International Tax Compliance) (Common Reporting Standard) Regulations, 2015 (the “CRS Regulations”) were brought into effect.
What can non-residents (individuals and legal entities), who have received judgments in their jurisdictions, and such decisions should be enforced in the territory of Ukraine, do?
Senegal belongs to two major regional entities: ECOWAS and WAEMU. ECOWAS is an association of 16 West African entities aiming at having one economic and monetary zone with a uniform legislation on the main sectors regarding economy, trade, natural resources, diplomacy, to mention a few. WAEMU is an entity of eight West African countries, having the same currency, the same reserve bank and the same business law.
On regional level, Cote d’Ivoire belongs to three major regional entities: The Economic Community of West African States (ECOWAS), The West-African economic and monetary Union (WAEMU). These countries share the same currency, the same central bank (BCEAO), and the same business law. The Organisation for the Harmonisation of Business Law in Africa (OHADA)
Cameroon is described as the largest economy of Central Africa because of its demographics (20 million), with an area of 475,442 km², and a diversified economy. As a state party to the Organisation for the Harmonisation of Business Law in Africa (OHADA) and the Economic and Monetary Community of Central Africa (CEMAC), Cameroon has adopted financial regulations enacted for the whole countries of CEMAC.
Common Reporting Standard Enters into Effect for Investment Funds in the Cayman Islands on January 1, 2016
What is CRS? The Common Reporting Standard (CRS) will impact Cayman Islands domiciled investment funds with effect from 1 January 2016. The CRS framework represents a globally coordinated approach to the disclosure of income earned by individuals and organizations in order to combat tax evasion. The CRS represents a significant step towards the global automatic exchange of information ("AEOI") for tax purposes.
Directive 2013/36/EU on the prudential supervision of credit institutions and investment firms requires what the directive defines as “systemically important institutions”, that is, institutions of such significance that their failure or malfunction could lead to systemic risk, to maintain appropriate contingency buffers of common equity tier one capital, over and above the levels required for other, non-systemically important, institutions.
Revolutionary changes will be implemented in the administrative software that is in charge of the distinctive signs in the Superintendence of Industry and commerce (SIC), Colombia’s trademark authority.
Provisions of the EU-Ukraine Association Agreement concerning the creation of a free trade zone will become effective on 1 January 2016. The decision on the application of the EU-Ukraine Association Agreement to the FTA was adopted in September 2014 by the EU General Affairs Council. What does the Ukrainian economy really expect? Is Ukraine ready for free trade with the EU: barriers and opportunities for business?
Most of the sailors use the services of specialized personnel intermediary (“crewing”) agencies. Ukrainian market is interested in coming of fair and unbiased international crewing companies or opening by foreign persons agencies as alternative to domestic agencies. The market, at this moment, does not have much competition.
Under the Companies Law (as Revised) (the "Companies Law") of the Cayman Islands, the Registrar of Companies (the "Registrar") will de-register a Cayman Islands exempted company incorporated and registered with limited liability and a share capital (the "Applicant") which proposes to be registered by way of continuation as a body corporate limited by shares under the laws of any jurisdiction outside the Cayman Islands (the "Relevant Jurisdiction") if:
In the past, contractual dispute resolution provisions were commonly known as ‘midnight’ clauses because commercial lawyers only come to discuss them in the closing stages of contract negotiations. Nowadays, taking into account the complications which may arise from badly drafted arbitration clause, they are better referred to as the 8 o’clock in the morning clauses.
Ever since the horror that was the Second World War, Europe has reorganized itself into a democratic union of states, which has proved to be economically beneficial for all involved. However, the aim of the European institutions is not only economic advancement, but also political representation and civil rights. Here the aim is to differentiate between the various courts and institutions found in Europe, which can be quite a conundrum.
Indirect Taxation Authority is responsible for the collection of all customs duties.
Since 2011, the Dubai government has required lawyers to be licensed by it in order to lawfully provide legal services. There are strict standards that a lawyer must meet in order to be licensed by the Dubai government.
In the Foreign Trade Chamber of Bosnia and Herzegovina, as an institution whose main role is to represent and protect the interests of companies, there is the Arbitration Court which has jurisdiction for arbitration to settle disputes in commercial and other property and legal matters. Compared to regular court proceedings, proceedings before the Arbitration Court is cheaper, faster, more direct, less formal, and as such recommended.
According to the China central government’s 13th five-year plan, it has showed its full support for Hong Kong to participate in the nation's "One Belt One Road" development strategy, in which Hong Kong is going to play a bigger role in China's opening up to the rest of the world.
Public private partnership in a simple definition is a long term contract between the private sector and the public sector. In the 70s and 80s the world started thinking of encouraging involvement of the private sector in the governmental projects.
For overseas buyers it is very important to inspect goods after delivery. The inspection should prompt and contribute to official report. With related knowledge on China law, buyers may put inpsection period, defect types, and form of valid report into contract clauses. This may greatly alleviate buyers burden of proof.
There are so many contracts entered into everyday by overseas businessmen with China partners. If the contract does not choose jurisdiction and applied laws, China court and related laws are implied. However it is too costly for overseas businessmen to bring lawsuit in China, especially for small amount cases. So it is necessary to get some knowledge on these aspects for overseas businessmen.
There are restrictions to Non-Thais from opening most types of businesses.
On October 6, 2015, the Court of Justice of the European Union handed down judgment in Case C-362/14, Maximillian Schrems v. Data Protection Commissioner, invalidating the U.S.-EU Safe Harbor arrangement.
How to choose a reliable Chinese supplier in international trade business, for foreign merchants.
British-American trade is worth $214 billion, and is continuing to grow despite challenging economic conditions. Often disputes arise, and as a result very often judgments are issued in US courts where the paying party is a UK based company. Hallmark Solicitors examines here the process and enforceability of US judgements in the UK.
The government of Cyprus has announced new amendments in the island’s tax system in order to attract foreign investment and increase Cyprus’ economic activity.
More and more non-resident foreign nationals, attracted by the good economic climate, decide to buy a property in Spain. The drop in real estate prices has increased the number of investors.
“Foreign Invested Enterprise” in Ukraine, what should we know about benefits and guarantees.
The Foreign Judgments Reciprocal Enforcement Law (1996 Revision) (the “Law”) allows a judgment creditor to apply for the judgment to be registered in the Grand Court and thereafter is deemed to have the same force and effect as Judgment of the Grand Court. However, at present the Law extends only to the enforcement of Australian Judgments. As a consequence of the limitation of this statutory remedy, most foreign judgments are enforced at common law.
Medical tourism is on the rise for Americans. Many Americans seek the substantial savings they can obtain by getting various medical treatments, bot necessary and elective, performed by doctors in other countries. But, what happens when something goes wrong? Can you sue a foreign doctor for malpractice in an American Court?
A legal framework that guarantees stability to international business is always desirable for any investor or company in any sector of the economy anywhere. Provided that each country has jurisdiction on its own territory, How to promote and protect business abroad? And how to avoid, or at least reduce, the political risk involved in doing business in a different country?
The Trademark Direction of the National Institute of Industrial Property in Argentina decreed that the trademark fees will rise from October of 2015.
The Law clearly provides that foreign investment is regulated within a framework of the law, sovereignty, independence and mutual benefit, in order to contribute to Cuban economical development within a prosperous and sustainable socialist economy
Due to Turkey’s rapidly financial growth and increasing population, real estate market has been developing for last five years.
By Karbal & Co.
Hosting one of the world’s largest ports, Dubai has rapidly expanded to become a leading maritime hub. As an expected consequence of the growth of Dubai’s maritime industry, the number of marine accidents has steadily increased over the past few years, as Dubai Port police have reported that there were 53 maritime accidents in 2013, 37 accidents in 2012, and 34 accidents in 2011. According to Marasi News, 9 of the 37 accidents that had taken place in 2013 were collisions.
Extradition is the process in which one country or state that has possession of a criminal suspect hands him or her over to another country or state. A lawyer may be able to help with this process by fighting extradition or by helping to facilitate it, according to the suspect’s wishes and the governing law.
For both local Romanian investors and also foreign investors interested in obtaining public contracts in Romania it is very important to be familiar with the local public procurement legislation, out of which the most delicate part is the one pertaining to the public procurement disputes.
Egypt in its accelerated movement towards economic reform has been emphasizing the importance of real estate development projects and large scale projects in order to restore the market and economy after its decline post Revolution of 2011.
Egypt started its free zones programs in the 70s; during this period the country’s policy was directed at attracting and retaining foreign direct investment and to increasing the percentage of import and export in the country. Therefore, Egypt has developed nine free zones:
Some significant amendments for real-estate acquisitions by foreigners introduced by a new Law. The most notable amendment in the Law is abolishment of the reciprocity clause. As a result, a foreigner may acquire a real-estate in Turkey even if a Turkish citizen may not acquire a real-estate in the foreigner’s home country.
The specificity of commercial relationship shows that at the stage of execution of the obligation against the will of any of the parties may be circumstances (events) leading to a breach of contractual obligations. How to manage these risks.
As a result of the illegal annexation of the Crimea by the Russian Federation, many owners of the property and assets in the Crimea have gotten quite difficult issue: how to protect and save these assets?
By MMLC Group
Developments in China's national security regulation, and contrasts the position with that existing in Australia and the USA as of 29 July 2015.
Islamic finance is one of the fastest growing sectors in the international financial market. Given the strategic importance and influence of the Middle East investors, Islamic finance is increasingly in demand by investors wanting investment and financing products compliant with Islamic law (known as “Shariah”).
Before the introduction of the Registration and Licensing of Motor Vehicles (Amendment) Regulations, published on the 5th of June 2015, if an individual bought a car abroad and imported the car into Malta the law did not authorise the individual to use the car on the Maltese roads until the registration process was completed and until the Maltese number plates would have been obtained.
Public opinion became familiar with the term ‘bank resolution’ during the Cyprus banking crisis of 2013. The legal model that had been used in Cyprus, under which powers were vested in the Central Bank to resolve failing banks pursuant to the provisions of emergency national legislation, now exists within the legal order of the European Union (‘EU’) and is in full application as of 1/1/2015.
Increase in international trade, people living abroad for various reasons and the disappearance of borders by time has resulted that the legal relationships and disputes not confined in one country or state. This situation has highlighted the difference between the national legal systems.
There were many debates over the investment law in the Cabinet of Ministers before the Presidential Decree 17/2015 amended some provisions of the Investment Law 8/1997 on March 12, 2015 in the lead up to the Economic Summit in Sharm El Sheikh. In particular amendments touched base of Companies Law 159/1981, Income Tax Law 91/2005, and Sales Tax Law 11/1991.
Even in cases in which the identity of the wrongdoer or the whereabouts of the misappropriated property is unknown, there are tools available for recovery of property, or proceeds of property, which have been misappropriated from a Cyprus company or a company managed and controlled from and in Cyprus.
Hong Kong was named among the thirty uncooperative tax jurisdictions in the European Commission’s (“EC”) tax haven blacklist released on June 17, 2015. The tax jurisdictions on the aforesaid list had been flagged up by ten or more European Union member states. Six of the thirty countries blacklisted are former British territories. Countries notable by their absences include Jersey, Luxembourg and Switzerland, whose secretive tax system are well-known to the world.
With globalization and recent reshaping of the global landscape the paradigm shifted, and the international law moved away from its classical definition of regulating relations between nations and extended well beyond regulation of ‘the conduct of states toward their own citizens’.
The Law amending the Companies Act, CAP 113, Number 4, of 2015 has been passed by the Cyprus parliament. It provides for significant changes to the Companies Act and modernises several of its provisions. The main changes are as follows:
In Bosnia and Herzegovina there are two lawyer tariffs in effect, for the territory of Federation of Bosnia and Herzegovina applies the Lawyer Tariff of Federation of Bosnia and Herzegovina “Official Gazette of Federation of Bosnia and Herzegovina”, No.: 22/04 dated April 24, 2004 and 24/04 dated May 8, 2004, and for the territory of the Republic of Srpska, Tariff for Remuneration and Compensation of Costs for Services of Lawyers of the Republic of Srpska.
Buyers large and small have begun purchasing from foreign sources. Sites like alibaba.com have revolutionized the international market for consumers, while the Internet in general has made it easier for companies to interface and conduct business with others around the world.