International Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to International Law.
Israel - In Which Cases is the Insurer Permitted to Refuse Providing Compensation for Damage to a Shipment?
This is an article regarding insurance law. Many times, the court will be presented with a subrogation in which an insurance company that has given compensation to a policy holder for cargo damages takes his place and sues the related parties in the transportation network whom they hold responsible for the damage, for instance: the port, the marine carrier, the air forwarder, the warehouse, the international delivery company etc.
This is an article regarding the responsibility of a port to the containers that are storage in it. The magistrate’s court of Haifa recently ruled that the Haifa Port Company will recompense the Golmat Company at a sum of NIS 25,000 for the loss of a shipping container that took a long time to find. The case and the claims made by the parties:
This article is dealing with the responsibility of a warehouse to the goods that are storage in it. Many importers enlist the services of the warehouses under Customs supervision for storing their cargo without having to pay import taxes. In this way, they can choose to pay the import taxes only after they have found buyers for their wares and then pay the taxes upon their release.
This is an article regarding the reasons to cancel a delivery contract. The magistrate’s court of Haifa has recently decided to accept the lawsuit of a ground carrier vs. a company of Customs agents, for failure to pay shipment expenses. The defendants did not deny having ordered the shipment but they claimed the shipment had arrived a few hours in delay, which justifies withholding payment for it. The court overruled this claim and accepted the entire lawsuit.
October 19, 2012 By Shandong Ya & Tai Law Firm
As an international trade attorney in China, I have tackled many case of international trade dispute. I think if buyer has advice before buying goods in China, then they can have successful business, if not, they will lose thoroughly.
October 18, 2012 By Sheldon Mak & Anderson PC
The U.S. Patent and Trademark Office recently proposed patent fee increases for fiscal year 2013. Although these fee increases generally take place every year, they may particularly harder to swallow given that the current fees reflect a 15% increase that occurred in September 2011, as required by the America Invents Act.
This article deals with the ruling of the Israeli court regarding a contract about imported iron. The Haifa District Court has recently deferred the prosecution of an iron importer, filed against an Israeli company who had given their assurance to purchase that same iron but went back on their word.
Israel - Can a Land Delivery Company be Considered an Air Forwarder for the Sake of International Treaties?
The Warsaw treaty - The laws dealing with international air transports (the Warsaw Treaty, the Montreal Treaty, the Air Transport Treaty) pose a fundamental obstacle to the possibility of suing an airline company for damage to cargo. Among other things, these laws set a restriction on the amount of compensation that can be demanded as well as a relatively short statute of limitations- two years from the plane's arrival at its destination (or the date it was supposed to arrive).
This article deals with a ruling of the Israeli court in case between carrier and a custom agent. The Magistrate's Court of Ashdod has recently deferred the legal action filed by a ground carrier (a truck company) against a Customs agent. The court ruled that the ground carrier was unable to prove that the conveyance was ordered by the Customs agent.
This Article reviews the new requirements of Israeli standardization. The Standards Institute has recently declared its intentions to summon importers to a hearing due to forgeries discovered in the importers' declarations submitted to the Institute during the procedure for the release of shipments imported by them. In the wake of these hearings these importers could possibly be placed in a status of "breach of trust".
October 12, 2012 By Parris Whittaker, Attorney at Law
Is your business trading in the most cost effective way and is your legal status adequately protected? Choosing the best legal ‘vehicle’ through which to operate your business is perhaps the most important decision you can make as a business owner – particularly with the advice of an expert companies lawyer.
October 11, 2012 By Sheldon Mak & Anderson PC
Apple Inc. has won at least one round of its trademark battle against Proview Electronics Inc. The two companies are fighting over the rights to the iPad trademark in China, with lawsuits pending in both countries. Here in the U.S., a California judge recently dismissed Proview’s trademark infringement lawsuit.
October 11, 2012 By Azimuddin Law Associates
This paper examines the issue relating to the enforceability of foreign judgments in Pakistan. In the existing law, there are two categories of judgments, one passed by the courts of reciprocating states and the other by non-reciprocating states. The judgments of reciprocating states are enforceable per se, but for non-reciprocating states, the judgment creditor will have to seek enforcement by filing a suit in the appropriate court.
September 19, 2012 By Cai & Lenard
Arbitration practitioners often put Ukraine below the average ranking of countries in terms of recognition of arbitration. Ukraine’s image of a not entirely arbitration-friendly jurisdiction is “promoted” with common thought about problematic enforcement of arbitral awards in Ukraine.
September 18, 2012 By WiseLink Law Firm Shanghai
Here is described the working process for setting up an advising company in China. I. Company Name - **** Consulting (Shanghai) Co., Ltd - II. Business Scope Trading Information Consultating, Enterprise Management Consultation, Investment Consultation, International Economical Information Consultation, others...
September 18, 2012 By WiseLink Law Firm Shanghai
Time estimated to set up a WOFE in the Free Trade Zone in Shanghai: 2 to 3 months. I - Investors - Individual or corporation from foreign countries or China Hong Kong, Macao and Taiwan. No special requirement. II - New Company Name - Chinese Name: ***** International Trading (Shanghai) Co., Ltd English Name: no limit.
September 18, 2012 By Olender Reporting
This article is an attempt to illuminate both the rudimentary and nuanced strategies required to consistently produce high-quality video depositions. I often worry that attorneys who order them are unaware that the footage for which they have paid dearly, is of exceedingly poor production value. The bottom line: all video depositions should look nearly identical (except for the witness, of course); it is the means by which that end is achieved that separates excellence from inferiority.
September 9, 2012. On September 9th, 2012, China and Chile signed the Supplementary Agreement on Investment to the Free Trade Agreement between the Government of the People’s Republic of China and the Government of the Republic of Chile (China-Chile Investment Agreement).
September 7, 2012. On September 7th, 2012, Hong Kong and Chile signed a bilateral Free Trade Agreement (the Agreement), marking a new milestone in the furtherance of trade and investment co-operation between the two economies. The Agreement will enter into force on a date to be mutually determined by Hong Kong and Chile after completing necessary domestic procedures.
CIETAC has recently announced that CIETAC’s authorisation to the CIETAC Shanghai and South China Sub-Commissions for accepting and administering arbitration cases is suspended. However, CIETAC Shanghai and South China Sub-Commissions made a Joint Statement, claiming that they are independent arbitration institutions which are not subject to the admnistration of CIETAC.
September 7, 2012 By DS Law
Doing Business in a Transcontinental Country: Russia - What gives you an advantage over local and global competitors in your areas of expertise? We have a deep knowledge of Russian law combined with a strong expertise in cross-border processing based on practical cases. We believe that the main thing about us is our eagerness to evoke trust between us and our clients.
September 7, 2012 By DS Law
This article will attempt to outline some of the legal issues that are of relevance to foreign business in Russia. These will be addressed from a business standpoint rather than a strictly legal one; thus, allowing all readers understand fully what these issues are.
September 4, 2012 By Murray LLP
The board of directors play a central role in any offshore hedge fund. At every stage of the life cycle of a hedge fund the directors need certain critical information and documents in order to perform their duties. The life cycle can roughly be determined as the fund formation stage, the post launch operation (which might last several years) and then the eventual liquidation.
August 24, 2012 By CSB Advocates
The most recent EU Summit held in June 2012 saw the creation of a tentative action aimed at addressing the current problems with bad banks and grossly indebted governments. This is currently being called the “Banking Union Plan”.
August 23, 2012 By Reitz Worldwide, Osaka & Tokyo Court Reporters
Today’s business world has become very global. So it makes sense that more and more litigation involving business would be global as well. Lawyers try to find critical evidence, which can reside outside the boundaries of the U.S. The question often becomes…What do I do next?
August 23, 2012 By CSB Advocates
On the 11th July 2012, the European Commission presented a draft bill aimed at the elimination of music piracy as well as strengthening copyright protection for music. The main target of this bill is to ensure that companies managing music rights would pay royalties to the artists they represent in a shorter timeframe.
August 23, 2012 By Hammond, Bogaru & Associates
Despite the current political turmoil the new Romanian Government has already passed legislation aimed at improving the investment climate. In the Official Gazette no. 563 of August 9, 2012 was published Government Resolution no. 797/2012 (“Resolution”) setting up a State aid scheme to support investments promoting regional development using new technologies and which created new jobs.
August 22, 2012 By Reitz Worldwide, Court Reporting -Taipei & Hsinchu, Taiwan
Today’s business world has become very global. So it makes sense that more and more litigation involving business would be global as well. Lawyers try to find critical evidence, which can reside outside the boundaries of the U.S. The question often becomes….What do I do next?
August 21, 2012 By CSB Advocates
Further to the suspension of the Permanent Residents Scheme in December 2010, the Government of Malta has put in place a scheme for special tax status aimed at attracting internationally mobile, high net worth individuals to become tax resident in our islands and benefit from a favourable tax rate of 15% on any income remitted into Malta.
August 18, 2012 By Cindemir Law Office
This article aims to explain about Appointment of a Turkish Lawyer with Power of Attorney. - Representation of an applicant at the court is only possible by giving power of Attorney. In Turkish Law, representative is called as an “Attorney” and “Applicant” who will be represented called as a “Client”. In Turkish Law, the power of attorney can be solely issued on behalf of an attorney for practicing law in Turkey.
August 9, 2012 By Law Offices of Donald W. Hudspeth, P.C.
Introduction, Small Business and Southern Europe’s Economic problems. Because my Arizona business law firm represents businesses and start ups, both locally and from around the world, I was curious about the role entrepreneurs, start ups, and small and medium size businesses play in their national economies around the world. Surprisingly, one of the first articles that I found attributed the financial problems of Greece, Italy and Spain,.....
August 9, 2012 By Law Offices of Donald W. Hudspeth, P.C.
A decade or more ago a client of our business law firm needed some advice on an international transaction. We called several local firms that we thought might do that kind of work, but they didn’t. So, I concluded, “What the heck. If they are not going to develop a practice in that area, I will.” Thus, we invested in multiple volume sets on the international law of contracts and the law of various foreign nations. Since that time we have done a number of transactions all over the world......
July 26, 2012 By CSB Advocates
Michael Barnier, the Commissioner for the single market is expected to propose serious changes to the market abuse directive (2003/6/EC) and the proposed regulation ‘on insider dealing and market manipulation’ in the near future.
July 25, 2012 By CSB Advocates
The conclusion of the latest EU summit held on the 29th June 2012 brought with it a new consensus between the leaders of the Member States in the EU in regard to the idea of having an EU based patent court. The final agreement involved dividing the main functions of the courts between France, Germany and Britain, all of whom have been vying to act as the hosts of this court for a while.
July 17, 2012 By Rautray & Co.
Appointment of arbitrator(s) under the Indian Arbitration and Conciliation Act, 1996 through court assistance. I. Introduction - Arbitration may be defined as “the process by which a dispute or difference between two or more parties as to their mutual legal rights and liabilities is referred to and determined judicially and with binding effect by the application of law by one or more persons (the arbitral tribunal) instead of by a court of law”.
July 15, 2012 By Estudio Delion SRL
“Administrative sanctions, in contrast to criminal sanctions, are limited to fines, so it is vital that fines are large enough to deter infringing behavior.” The control exercised by the administration in relation to the improper use of registered trademarks is very important, because it is a key component in the regulation and inspection of the proper operation of the market.
July 15, 2012 By Estudio Delion SRL
“This makes it impossible to start counting the three years of non-use of the mark in order to request its cancellation, and therefore the trademark is effectively removed from the market.” This article considers the criteria used by the Peruvian trademark office to resolve cancellation for non-use of trademarks.
July 12, 2012 By Yav & Associates
The mining code of the Democratic Republic of Congo [DRC] provides for a possibility of leasing and assigning mining and quarry rights. Since mining and quarry rights, as expressed in mining and quarry permits, are real and exclusive property rights, it is possible to lease and assign these rights, although under the restrictions set out in the Mining Code.
(EU Law) Claiming the Import of Tax Credits Granted by Foreign Countries is only Possible in Certain Cases - Spain
The Spanish tax authorities prohibited a Spanish bank from deducting in Spain the withholding at source of interest obtained in Belgium, given that this income, in accordance with Belgian regulations, was exempt in that country and the bank had thus never paid any tax in Belgium. In other words, deduction was being claimed in Spain of an amount that had never been paid abroad.
Spanish regulations require the seller of goods or services to issue the invoice within a maximum period of one month following the transaction. The pertaining VAT must evidently be included in the invoice. In the event of failure to do so due to error or omission, the seller has up to one year to output the VAT, that is, to issue a new invoice and claim the payment of VAT from the buyer.
VAT often accumulates before a company begins its ordinary business activity and likewise, when a company is undergoing a winding-up process and is no longer active. Two rulings will help us understand that under no circumstance will the input VAT be lost in either of these two stages of a business.
Risks in the Acquisition of the Status of Business Established in Spain for more Expedient VAT Refunds
Our client, a French company, dissatisfied with the tardiness of the Spanish administration in refunding output VAT in Spain (and which had already been reported on more than one occasion by the European Commission), decided to become established in Spain for VAT purposes (but not in regard to other taxes). The company thus obtained a Spanish tax number (NIF) and established the commencement of its activity in Spain in December.
July 11, 2012 By Cai & Lenard
Today the economic growth should be something more than a line of political slogan for Ukraine. Approving itself as the EURO-2012 organizer, the country hopes for the inflow of investments and economic breakthrough. To fill the vessel with precious moisture, it must be intact, but the bottom of Ukrainian economy looks more like a sieve because most money is transferred to offshore accounts. What is the reason of such love for offshores: heavy taxes or just mentality?
July 11, 2012 By Herdem Attorneys at Law
A new regulation published on 03 July 2012 dated, 28342 numbered Official Gazette amending the Regulation for Implementation of Foreign Direct Investment Law. By thus, liaison offices are subject to new regulations both in in permission and operation proceedings. According to the article 6 of the new Regulation, Ministry of Economy is authorized to give permissions as the governmental body.
July 5, 2012 By Michael Chambers & Co. LLC
International sales contracts constitute a specialist area of law that raises unique considerations when compared with domestic counterparts. Commercial law, responding to the requirements of the international trading community as a whole, has adapted in order to meet the special needs and problems posed by such international contracts. International sales are generally governed by common law, legislation, a number of international conventions, rules, terms and customs.
June 28, 2012 By Yav & Associates
The Democratic Republic of Congo [DRC] is the newest member of OHADA and officially announced its joining OHADA in February 2004 but it’s had to deposit instruments of ratification for the statehood party. This has now been donThe Democratic Republic of Congo [DRC] is Finalizing its Accession to the OHADAe since the 27th June 2012.
Please highlight any main trends or shifts in the current Ukrainian financing market? Due to limited or no appetite for Ukrainian risk and global finance markets volatility, capital markets and traditional bank lending are no longer easily accessible to Ukrainian borrowers (subject to few exceptions). At the same time, supply of ECA-backed trade financing continues to be available and trade financing seems to be active this year as well.
On the way to the European integration, and by virtue of the determined Ukrainian policy towards energy independence, the Ukrainian Government is taking significant steps to improve Ukrainian energy sector. Currently, important changes are being introduced in the oil-and-gas industry. This has already encouraged global oil-and-gas companies such as Exxon Mobil, Shell, Chevron, and Eni to commence investment activity in Ukraine.
Development of efficient tax and corporate structures from the shareholders’ and potential investors’ perspective are key issues in a business restructuring. Each cross-border restructuring usually involves several jurisdiction. Below are some of the most frequently asked questions (and answers) on the cross-border restructuring of Ukrainian business:
4 Questions You Should Consider When Selling Your Stake in Business to a Private Equity Fund - Ukraine
Unlike Western developed economies, Ukraine has only recently started to unlock its potential in the area of attracting investments from Private Equity Funds (“PEFs”). Therefore, on the one hand, every more or less serious Ukrainian business (“Business”) has a good chance to attract the attention of a PEF.
June 21, 2012 By International Law Offices
The Law, long-awaited by the national port industry, establishes the basis of governmental regulation and defines new procedures for building, expanding and closing seaports in Ukraine, as well as the procedure for performing any economic activity on the sea ports’ territory.
June 21, 2012 By Halliday Campbell WS
Some would have you believe that Scots law allows anyone to be the Lord of, if not all he surveys, at least a square foot of the Scottish Highlands. One site advertises souvenir plots “from just £29.99” and claims that, in return, you can use a clan crest, coat-of-arms and tartan. By “Scottish tradition”, it says, ownership of the plot “legally allows” you to use the courtesy title of Laird, Lord or Lady. But what is the legal truth behind these offers of instant ennoblement?
June 15, 2012 By Kosmidis & Partners
The photovoltaic market in Greece offers great opportunities for investors, as it is expected to rise significantly within the coming years. Greece has grown to be one of the major investment destinations for solar energy production in the European Union; it is the southernmost country of EU, with almost 300 days of sunshine per year, and thus a massive potential for photovoltaic investments.
June 14, 2012 By Law Offices of Donald W. Hudspeth, P.C.
I. General Standard - With some exceptions, the general legal standard of care for business actors and agents is “prudence.” In this context “prudence” means to act as an ordinary prudent person would act under the circumstances. But, this standard can be misleading because, at law, prudent people arguably do not make common mistakes, like combing their hair or changing the radio dial while driving, let alone sending texts.....
June 7, 2012 By Femi Ojumu & Co Barristers and Solicitors
International arbitration: substantive law, procedural law and arbitration rules in the context of the United Kingdom Arbitration Act 1996. International arbitration: substantive law, procedural law and Arbitration Rules in the context of the Arbitration Act 1996. By: Mr. Femi D. Ojumu*
June 6, 2012 By Michael Chambers & Co. LLC
The law on international trusts in Cyprus has undergone considerable changes this month with the enactment of a new law that amends the International Trusts Law. The amendments have been heralded as positioning Cyprus as the most favorable trust jurisdiction in the European Union and its much-anticipated provisions have been received with considerable praise by investors and professional advisors across the island.
May 27, 2012 By Lubbad Law Office
According to our understanding and as a result of an extensive study of tax law, IRS internal norms, as well as the law regulating foreigners’ status in Brazil. We have come to the following understanding of the ever so controversy question, do foreigners need to declare their international assets in Brazil when having permanent visa?
May 27, 2012 By Lubbad Law Office
In 2008, a new Decree allows installation of private ports in Brazil. The federal government published on Thursday, April 30, 2008 the decree that allows the installation of private ports for the handling of third country. The goal is to create mechanisms for the development of the port, but the measure is already being criticized by the opposition.
May 26, 2012 By Levine Bridge Law Firm
If you are planning on visiting any country, it is always helpful to be familiar with the rules governing the import and export of currency and other securities. In Russia these issues are regulated by Federal Law from 10.12.2003 No.173-FZ “On Currency Regulation and Currency Control” and Customs Legislation.
May 25, 2012 By UB & Co. Attorneys and Counselors
The State Administration of Taxation has issued the Provisional Measures of Applying the Exempt, Credit and Refund Method to Zero-rated Value-added Tax Services in Their Transformation from Business Tax to Value-added Tax under the Pilot Program (the “Provisional Measures”) on April 5th, 2012, which has retrospectively become into effective since January 1st, 2012.
May 24, 2012 By Barlas Uyar Eraslan Law Firm
Following the said draft becomes law upon the decision of the parliament; foreigners will be able to purchase property from all sides of Turkey provided that they comply with the legal limitations. It should be noted that, the condition of reciprocity is removed for the property acquisition of foreigners with the Draft Version. The maximum area to be purchased by a foreigner is increased from 2,5 hectares to 30 hectares with the condition of a project.
May 23, 2012 By Asia Law
Can a company that does business only in Asia, with all of its manufacturing, sales and deliveries taking place there pursuant to contracts signed in Asia, be held liable for infringement under the U.S. Patent Act? Yes, quite possibly, as explained in this article by an international technology attorney based in Taipei, Taiwan.
May 21, 2012 By UB & Co. Attorneys and Counselors
The Catalog for the Guidance of Foreign Investment Industries (Amended in 2011) (the “Catalog”), which shall come into force as of January 30th, 2012 and replace the old version of the Catalog promulgated on October 31, 2007. The new Catalog includes 473 items in total - 354 encouraged items, 80 restricted items and 39 prohibited items.
May 21, 2012 By UB & Co. Attorneys and Counselors
The new Detailed Rules of the Provisional Regulations on Value-added Tax of the People’s Republic of China (the “VAT Rules”) and the new Detailed Rules of the Provisional Regulations on Business Tax of the People’s Republic of China (the “Business Tax Rules”) were issued by the Ministry of Finance and the State Administration of Taxation on October 28, 2011 and will become effective as of November 1, 2011.
May 16, 2012 By UB & Co. Attorneys and Counselors
Administrative Measures of Shanghai Municipality on Pharmaceutical Prices (Trial Implementation, the “Measures”) were issued by Shanghai Development and Reform Commission on July 29, 2011. The Measures will be effective as of September 1, 2011. The main contents of the Measures are as follows:
May 16, 2012 By UB & Co. Attorneys and Counselors
The Ministry of Human Resources and Social Security issued the Tentative Measures for Social Insurance Enrollment of Foreign Employees in China (Draft for Comments) (the "Tentative Measures") on June 10, 2011. The main contents of the Tentative Measures are as follows:
May 8, 2012 By WiseLink Law Firm Shanghai
A foreigner and the potential employer should get proper permit before the foreigner starts his work in China. This article also give some basic guidance for the legal issues about the employment contract.
May 1, 2012 By AB Lexmall & Associates
This article explains the statutory requirements for a joint venture in Ghana involving a foreign partner. Under the laws of Ghana, a foreign investor or company may collaborate with a Ghanaian businessman or company through a joint venture agreement.
April 9, 2012 By Giambrone Law
The Italian term “Avvocato” (from Latin “advocate”) is normally translated with similar equivalent terms in the English language, namely with the expressions “Italian lawyer” or “Italian solicitor” in England, Wales and Ireland or “Italian attorney” in the United States.
April 3, 2012 By Hudson McKenzie
The Irish Government has launched two new immigration programs aimed at Investors and Entrepreneurs who are prepared to invest or create jobs in Ireland. - Immigrant Investor Program - The Immigrant Investor Program requires applicants to make substantial investments in Ireland.
April 2, 2012 By Dardikman Law Offices
Over the last few years Israel has become an attractive jurisdiction for tax planners, the following article will provide information on some of the tax benefits which new immigrants or returning residents can obtain.
March 18, 2012 By Pugnatorius Ltd.
More than two years ago Thailand decided to concentrate several governmental services for foreign investors at one place in Bangkok. In the meantime, Thailand has gone through ups and downs. Therefore, it is justified to make a judgement in 2012 whether the formation of this one-shop-solution has been accepted and adopted by foreign investors.
March 16, 2012 By Hudson McKenzie
It has been held by the UK Court of Appeal that foreign based speakers will be excluded from the UK if they have exhibited “Unacceptable Behaviour".
March 12, 2012 By Guo Lian Law Firm
On 2 March 2012, MOFCOM published its conditional approval to the $4.5 billion acquisition of Viviti Technologies Ltd (a company directly holding Hitachi Global Storage Technologies Netherlands B.V. ,which holds Hitachi Global Storage Technologies Singapore Pte. Ltd.) (“Viviti”) by Western Digital Corporation (“Western Digital”).
March 7, 2012 By Ongur Ergan Law & Consulting Office
Main purpose of this article is to explain the principle characteristics of the new ICC Arbitration Rules that will come into force on 1st of January 2012 and to analyze how they differ from the prior version. The author focuses to substantial amendments, major procedural innovations, new introduced mechanisms and de-regulated rules of existing ICC principles.
March 7, 2012 By McDole & Williams, P.C.
Recently, McDole & Williams has received multiple requests to evaluate official-looking trademark registration notices received by clients. These official-looking notices claim to be from governmental trademark offices, alleging that the client must pay fees in order to maintain his/her trademark and rights.
March 5, 2012 By Karbal & Co.
At a time when Libyans are eagerly gearing up towards the task of rebuilding their country, previous international contractors are gathering their records to calculating their losses during the Libyan revolution. Although, these claims have a legitimate place in commerce, it is unfortunate at time of rebirth; Libyans are left to deal with the uneven commercial legacy of the old regime. Yet, this is the insistent nature of commerce.
March 2, 2012 By Herdem Attorneys at Law
In that aviation has helped advance the globalization of our world, it is important to review our beginnings and look forward to where we see ourselves in the future. This article will concentrate on the origins, functions and licensing of modern air transportation systems throughout our world; in particular, where we started and the direction we are headed.
March 2, 2012 By Herdem Attorneys at Law
In this article you will find general information on Free Trade Zones regulation of Turkey that will help foreign investors to make transit trade through Turkey without involving to any domestic trade area.
February 28, 2012 By Halliday Campbell WS
English solicitors are used to being instructed to raise proceedings against opponents who are based in Scotland, very often by clients who don't see there's a problem. We lawyers know that, as legal jurisdictions, Scotland and England are quite distinct. There's really little reason, though, why our clients need know or care, at least until they have to consult us.
Entry Into the Spanish Market Through a Representative Office and the Implications for VAT and Corporate Tax
Our firm often deals with consultations on the effects of VAT for a foreign company developing an activity in Spain through a representative office. This is one of the easiest ways of entering into the Spanish market. In that scenario, the foreign company does not need to incorporate any companies in Spain nor create a branch.
In the context of a severe lack of liquidity in the Spanish public finances and with the purpose of increasing revenue for Corporate Tax collection, on August 19, 2011, the government urgently approved two significant changes for Corporate Tax in relation to offsetting the losses incurred by Spanish companies.
Double-Taxation Agreements in Spain Expands and the List of Countries Classified as Tax Havens is Shortened
To date there are 80 Double Taxation Agreements in force in Spain. For some years, the number of these agreements has been increasing significantly, and this makes international tax planning much easier. Among recent agreements, we can highlight: Among recent agreements, we can highlight the one existing with Panama, which came into force last July, which aims for this country to be removed from the list of countries regarded by Spanish tax authorities as tax havens.
February 23, 2012 By Villagran Lara, Attorneys
Documentary credits law depends on the principle of autonomy or independence of the credit and the doctrine of strict compliance. The principle of autonomy protects the beneficiary (exporter) while the doctrine of strict compliance protects the issuing bank and the applicant (importer).
February 23, 2012 By Villagran Lara, Attorneys
Considering some facts regarding disputes in the International Trade arena. Most of the time parties in international trade develop all kind of businesses without primary concern of a potential conflict between them.
February 23, 2012 By Halliday Campbell WS
It can be tricky to separate law from politics. Some politicians claim sincerely to believe that any Act passed by the Scottish Parliament which provided for the holding of a referendum on Scottish independence would be unlawful. Some lawyers claim to agree with them. In Scotland, we are living in exciting times and the politics may be genuinely intriguing but is the law not actually, and drily, beyond any real debate?
February 22, 2012 By Andreas Neocleous & Co LLC
Overview of SEPA - The Single Euro Payments Area (SEPA) is an initiative of the European banking industry to simplify all electronic payments across the euro area by credit card, debit card, bank transfer or direct debit and to make them as easy as domestic payments within one country are now.
February 17, 2012 By Ongur Ergan Law & Consulting Office
Legality and application of foreign judgments in Turkey depends on completion of several procedures which are called enforcement and recognition in Turkish Law. The provisions about recognition and enforcement take place in Law numbered 5718 dated 22.11.2007. Recognition is regulated under Art. 58 of Law numbered 5718.
February 15, 2012 By Lorenz
On February 3, 2012, the International Court of Justice delivered its judgment in proceedings instituted by Germany against Italy for alleged violations of the jurisdictional immunities enjoyed by States under public international law. The Court held that Italy committed several breaches of Germany’s State immunity.
February 14, 2012 By Al Rowaad Advocates & Legal Consultancy
The dissolution of a marriage is a legal act that may not coincide with the emotional tearing asunder. Divorce is typically a painful process for all concerned. While it can take adults time to regain psychological equilibrium, there is also a threat to be involved in a court proceeding claiming for compensation for children’s maintenance and support. However different jurisdictions have different solutions to the issue. In this article we will describe the question under Dubai and UAE Law.
February 12, 2012 By Carlo Scevola & Partners
An overview on the foundation structure, with a particular focus on Private Interest Foundations in Panama. There are many countries offering legal entities known as offshore foundations. A private offshore foundation is a private entity usually set by an individual or married couple to provide for their children and their heirs.
February 8, 2012 By Andreas Neocleous & Co LLC
EU leader Member States agreed on a new Treaty on Stability, Coordination and Convergence in the Economic and Monetary Union. The European Stability Mechanism (ESM) Treaty was signed by euro area Member States on 2 February 2012 and ratification is pending by the 17 euro area Member States. The target date of its operation is July 2012, a year earlier than expected.
February 7, 2012 By Angela Wang & Co.
To further encourage foreign investments into the PRC, the Ministry of Commerce published a Circular extending the cross border use of Renminbi (“RMB”) for direct investments into PRC (Shang Zi Han  Number 889) (the “Circular”) on 12 October 2011. Pursuant to the Circular, foreign investors are now allowed to use RMB proceeds legally obtained overseas for investments into PRC. The Circular is also applicable to Hong Kong, Macau and Taiwan investors.
European Commission Imposes Simplified Rules on Mergers and Divisions in Six Member States among Which Cyprus
February 7, 2012 By Andreas Neocleous & Co LLC
Directive 2009/109/EC of the European Parliament and of the Council of 16 September 2009, regarding the simplification of the rules on merger and divisions, has not been yet implemented in some Member States of the EU. Cyprus is one of those Member States which failed to fulfill their obligations and commitments under the relevant Directive.
January 30, 2012 By WF Frank & Partner LLP
Under § 16 (1) of the German Law on inheritance and gift tax a tax free amount on the taxable acquisition of up to €500 000 (depending on the degree of kinship) is generally granted. However, this exemption is only €2 000 if both the decedent and the beneficiary are not resident in Germany. The new law now allows to avoid choose the application of the full tax free amount if the beneficiary taxes his worldwide acquisition.
January 27, 2012 By Andreas Neocleous & Co LLC
EU labor law in offshore gas-drilling operations has been recently challenged in the case of Salemink v. Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen, in the judgment of the Court’s Grand Chamber in January, 17, 2012.
January 26, 2012 By The Law Offices of Stephen Foster
The "Residential Visa" program will provide an opportunity for people worldwide to live in the United States by purchasing a half million dollars of Real Estate. Senators Charles Schumer and Mike Lee have recently proposed a program that would allow anyone in the world to obtain a United States visa by purchasing United States real estate.
January 25, 2012 By Belcheva & Associates Law Office
International sale is when one of its elements it is connected with the legal order of another state or country. Uniform regulation of international sales is contained in the Vienna Convention (IC) of the United Nations on Contracts for the International Sale of Goods.
January 16, 2012 By Yav & Associates
This article addresses the “paradox between peace and justice” that has emerged in discussions about the relationship between the International Criminal Court [ICC] and traditional forms of justice, namely the Acholi tradition of "Mato Oput" in Uganda. While its sees the merit of using a traditional system this article also points out the potential danger of using these mechanisms as an excuse to avoid moral and legal accountability.
Asset Protection Errors - How to Avoid the Most Common Errors in Setting Up an Asset Protection Strategy
January 11, 2012 By Carlo Scevola & Partners
Many of you probably receive unsolicited junk e-mails offering different Asset Protection schemes. With so many "tax haven" jurisdictions and unlicensed companies selling unproven and unreliable Asset Protection techniques and entities, which do you trust? There are many flawed asset protection packages offered on the internet now days.