International Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of International Law.
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.
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.
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?
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.
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.
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.
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.
“Foreign Invested Enterprise” in Ukraine, what should we know about benefits and guarantees.
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.
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.
Due to Turkey’s rapidly financial growth and increasing population, real estate market has been developing for last five years.
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
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:
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.
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.
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.
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.
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.
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.
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.
In the modern, global world, it is not uncommon for people to migrate from one country to another. Unfortunately, doing so can complicate family issues, particularly after a divorce or when children are involved.
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.
In 34th Session of the Supreme Council of the Cooperation Council for the Arab States of the Gulf (GCC) the council agreed that The Unified Judiciary law of GCC.
A recent High Court judgment in the UK highlights the difficulties that can arise when unexpected problems strike. In the case of MSC Mediterranean Shipping Company1, the courts looked at the implications of a party who, when faced with potential repudiation, chose instead to affirm a contract and claim demurrage charges.
If you are involved in the maritime and shipping industry, you will be only too familiar with the wealth of legislation and regulation with which you are obliged to comply. When it comes to business at sea and in port, it is essential to ensure that you are fully compliant in order to protect you, your employees, your clients and your business.
Each year, nearly 1.3 million children are reported missing. Fortunately, most missing children are returned home in a short period of time. In any missing child case, you must act quickly. The first 48 hours are crucial. You must move quickly and decisively. Rather than hiring an attorney to coordinate your search, save your resources. If later, you need advice on specific points of law, you may want to consider using a lawyer to advise you only in a limited role.
Compliance and its relation to validity is one of the central points in the discussions related to the international law. H Kelsen stated that ‘the efficacy of law constitutes a condition of the validity of law’, where efficacy refers to ‘whether law is actually observed’ and ‘validity whether law must be observed’.
Singapore is a hub for international arbitration. Learn more about the city-state and what to do to prepare for an upcoming arbitration.
Attorneys often experience a passionate client coming into their office and insisting that they have a case based on something they read about happening in another country. In other instances, people will invoke rights they believe they have under treaties or international agreements like the Geneva Convention. Thus, many wonder whether American courts must follow international laws?
On 29th of May 2014, the Republic of Kazakhstan (Kazakhstan), the Russian Federation (Russia) and the Republic of Belarus (Belarus) have signed the Treaty on the Eurasian Economic Union.
The third draft of proposed amendments to the Chinese Copyright Law was released on March 31, 2012. As expected with any piece of legislation with economic import, this draft was the result of much political pushing and pulling. In the end, no one was happy. But as we live in a time of profound technological and cultural change, it’s reasonable to be unhappy some of the time with what the Copyright Law does and does not allow.
By MMLC Group
This article looks at the New York Convention as applied in China, in particular in relation to when courts in China are able to refuse to enforce foreign arbitral awards, by reference to decided cases.
Waiting too long to protect your trademark can end badly. In China, with its first to file system, foreign brands have learned the hard way to be proactive in protecting their foreign language brand names. But some have been slow in protecting the Chinese language versions of those brand names. And have seen their brand recognition pulled out from under them.
Creating a Digital Single Market is one of the ten priorities of the EU President-elect Jean-Claude Juncker.
A recent contract dispute demonstrates the need to secure expert shipping law advice as soon as possible, particularly if the contract in question contained a jurisdiction clause, which can affect both the outcome of the case and any damages awarded.
Ukraine, as a potential country for doing business, is often discussed by foreign investors, despite the fact that the ratings of favorable legal environment of Ukraine is not too high. The main reason for the low ratings of favorable investment climate in Ukraine is corruption and overly regulated legal regulation of business.
Getting in the courthouse door in China has always been problematic even for seemingly straight-forward cases. China’s Supreme People’s Court is trying to make the case filing process easier, more efficient and maybe even a little more transparent. Predictability, above all, is hopefully within reach.
Large-scale projects, privatisations and a burgeoning oil and gas sector are firmly placing Cyprus on the map as a hotspot for investment from the US, Asia, Russia and the Middle East.
Very recently Emirates Airlines together with the Chamber of Commerce in Abu Dhabi organized a conference on Asset Protection and Estate Planning held in Dubai. The Central Bank has issued regulations requiring all banks to apply Sharia Law regardless if the is a will indicating a different law.
A foreign judgment or an arbitral award has no immediate effect in Cyprus. A procedure must be followed in order to enforce the foreign judgment. This can be made under E.U regulations, common law and statute depending on the country issuing the judgment and/or the arbitral award.
The United States government has declared increased exports are the path for financial recovery. In particular, the Small Business Administration declared exports are the principal method to buttress American small business. So, how do small businesses effectively negotiate in the international market?
Foreign companies wishing to open a branch in Ecuador, should be incorporated in their country of origin as a trading company, may be of limited liability or a Inc and consider the following issues.
Firstly, is important to understand the cause of money laundry crime. Usually, is related to drugs traffic, terrorism, trafficking of humans, others international crimes. In 1989, the group of seven (G-7), composed in those days by Italy, United Kingdom, France, Canada, United States, West Germany and Japan, create Financial Action Task Force (FATF).
On 06 February 2014, Turkish Parliament has enacted a 6518 Omnibus Bill, gazetted February 19th 2014, which adjoins a provision to article 3 of the Law No 4734 Public Procurement Law (“Law”) stipulating that purchase of goods and services provided to ensure innovation, local production and technology transfer under offset/industrial participation programs are not subject to Law No 4734.
Divorce principles in Turkish Law related to divorce. Enforcement of a Foreign Divorce Decree in Turkey requires some standards.
What is the single most important advantage that Cayman Islands corporate structures provides to clients?
Fake wine is nothing new in China. Even though the economic incentives for going after counterfeiters have never been greater, the fakes are still out there. But there are two things to keep in mind.
The European Union has recently unveiled a planned reform for the 28 Member State’s digital market aimed at boosting ecommerce and overhauling Europe’s telecoms market.
Investing to the real estate market is very profitable in Ukraine. There are a lot of foreign companies which provide their activity in Ukraine with one purpose – to buy and rent the real estate. Ukrainian state bodies designed very good legal remedies for property and owners too. But now we still have a lot of legal gaps.
For any start-up, there are multiple legal issues involved in building your business but risk management and prevention issues can be arranged into four major risk areas.
As the world seems to develop faster and faster, a new gadget has been placed to the disposal of the foreigners and non-resident persons in Estonia, namely the digital identity card also known as e-residency.
They are a routine part of our modern, online world: Internet scams are a daily annoyance for many. Often found in annoying emails, website popups, and other dark corners of the web, these digital scam artists seem to be everywhere today. And, with many of these scams operating overseas, it has left many to wonder what they can do if they fall victim to the tricks of someone from another country.
If a private person or a legal corporation wants to purchase a property at the beaches of Costa Rica, whether it is to build a house, hotel, resort or business, first it should be informed about the requirements to obtain a concession in the maritime zone. To have a concession means that the person doesn’t acquire the property, but obtains a permit for using it, that allows the exploitation and enjoyment of the land, according to the parameters established by the local regulatory plan.
Perhaps fuel could be the quickest product to come in to mind when thinking about petroleum, but the list of petroleum products is long and includes numerous materials such as propane, liquid fuels blending such as kerosene, benzene, etc…lubricants, sulfar, asphalt and many more….Petroleum contracts through the history were designed with crude oil in mind, and this ethos still dominate the structure of the contracts up to this date.
We explore the general legal aspects of the conflicting positions between Cyprus and Turkey relating to Cyprus’ exclusive economic zone and the exploration for natural gas. This note does not constitute nor should be relied upon as legal advice and is for general information only. Regulated legal advice and counsel can be retained by contacting our Public International Law practice.
Parallel import allows import of goods not only by their owner or dealer, but also by any importer.
Turkey’s importance in the energy market grows as a regional transit hub given its location between the oil rich Middle East, Caspian region, and Europe. Turkey is the home of the Bosporus and Dardanelles connecting the Black Sea to the Mediterranean.
The Schengen Agreement is very important when travelling across Europe.
The choice for the appropriate legal structure to transact business in the United States (“U.S.”) depends on a combination of factors relevant to a specific activity or sector, as well as on the needs and goals of the investor.
In accordance with articles 213 paragraph 1 and 214 paragraph 1 of the Constitution of February 18, 2006 as amended to date, the President of the Democratic Republic of Congo ("DRC”) promulgated on the 21st November 2014 the Law No. 14/026 authorizing the ratification by the DRC of the Treaty relating to the Grand Inga hydroelectric project between the Republic of South Africa ("RSA") and itself.
The UN Convention on the Recognition and Enforcement of arbitral awards signed in New York on June 10, 1958, (« The New York Convention »), has been ratified in Democratic Republic of the Congo ("DRC") through Law No 13/023 dated 26 June 2013 authorizing the accession of DRC to the Convention in accordance with article 215 of the Constitution.
Explaining current provision and practice of enforcement and Recognition of Foreign Arbitral Awards in Turkey. New York Convention and Turkish Private Law and Procedure Act (Called MÖHUK in Turkey International Private Law and Procedure Act) related to enforcement of foreign arbitral awards are the main provisions governing terms of subject concerned.
Taking depositions in Germany can be easy with the proper planning and scheduling.
The best option available to a party seeking to obtain security for a maritime claim against a shipowner is, certainly the arrest of the vessel.
The best option available to a party seeking to obtain security for a maritime claim against a shipowner is, certainly the arrest of the vessel. Let's see the applicable procedures to arrest a ship in Tunisia.
The best option available to a party seeking to obtain security for a maritime claim against a shipowner is, certainly the arrest of the vessel. Let's see the important frequently asked questions on ship arrest in Tunisia
More business cases are going to arbitration than ever before. Therefore, courts have to confront more procedural and legal issues arising out of arbitration cases. Judges often have to remind litigants of the deference given to arbitrators, when the parties have agreed on arbitration as their dispute resolution method. In this presentation, Igor Ellyn reviews nine of the latest cases and explains how they affect the law and practice of arbitration in Ontario and Canada.
Cyprus Courts Do Not Recognise Foreign Arbitration Awards when Neither Party Has its Domicile in Cyprus
The Supreme Court of Cyprus ruled on 17 February 2015, in STX OFFSHORE & SHIPPING CO. LTD v. STX (DALIAN) SHIPBUILDING CO.LTD, Civil Application No. 152/2014, that in order for a foreign arbitration award to be recognized and enforced in Cyprus either the applicant or the respondent must have its domicile in Cyprus.
Shedding light on the application of the UAE Personal Affairs (‘Sharia’) versus foreign laws. The case of a Hindu divorce granted by the Sharia Court in the UAE to the wife with full custody of the kids as well as alimony.
No doubt that the technological evolution and its wide range usage in various fields became a part of our daily lives, accompanied by this evolution,it’s usage between people in civil and commercial transactions grew significantly.,
The endless opportunities that Dubai is bringing back to its real estate sector and the influx of new people relocating to Dubai have substantially increased the Dubai property demand. The basics of buying a property in Dubai are the same as anywhere else in the world: “One needs to be very careful in closing a property deal”.