International Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to International Law.
This summary of Civil Litigation Procedures was prepared on the on the occasion of the 2012 Annual Conference of the International Network of Boutique Law Firms in Rancho Palos Verde, CA on Oct 12-14, 2012. The law and procedure are similar but not identical in the Canadian common provinces and territories but differs in Quebec which has a Civil Code. This summary is not exhaustive and is not intended as legal advice.
With the proliferation of international commercial arbitration and business arbitrations locally, a large body of rules, protocols, laws and conventions - formal and informal -- have developed. Litigation lawyers cannot assume they know the ins and outs of arbitration without learning how the details. This article reproduces the power point slides of a presentation made by the author at an Arbitration Advocacy seminar in October 2012. They are for information only and not legal advice.
The concept of the Community Trademark (CTM) has long been considered very straight-forward in its approach. The common understanding is that it gives protection of a trademark applicable to all 27 Member States of the EU. Naturally, this could be easily abused if a CTM were registered and only used in one Member State.
When we think about creativity in the field of technology, we normally think about the U.S. and Japan. The European Union Commissioner for technology and the digital agenda Neelie Kroes is now actively trying to challenge this notion. Few people realize, for example, that Angry Birds and Skype were actually created in Europe. These may not trump the prolific success of Silicon Valley, but they are certainly a start.
International commercial arbitration is the most common method for resolving disputes arising from agreements between businesses from different countries. In this presentation, the author describes the systems and procedures applicable to international commercial arbitration and helps business people understand what to expect.
After a series of debates spanning around forty years, the EU has finally approved the new unitary patent system as of 19th of February, 2013.
Chasing payment of dues is a mundane yet critical element of every business process. Hugely time consuming, it could expose any activity large or small to counter-party risk, even more so in times of economic crisis.
By Karbal & Co.
Forty-two years of the Kaddafi regime’s apathetic attitude and incoherent economic development strategies left Libya as one of the least developed of the oil producing countries.
German investors who invest their money with foreign banks on the basis of the credit rating assessments of rating agencies can potentially recover their assets in the case of an erroneous assessment.
The European Union has spent a good number of years trying to consolidate bloc-wide intellectual property regimes to improve the efficiency of the Single Market.
Banking Business and Conditions of Approval of a Financial Institution in the Democratic Republic of Congo
This article discusses conditions conditions of approval of a Financial Institution in the Democratic Republic of Congo and how to open a bank in that country.
On the 14th January 2013, Neelie Kroes, in her capacity as Commissioner responsible for telecommunications within the European Union, issued a statement that the EU will dedicate this year to introducing reforms in the regulation of the pan-European telecoms market.
What are the trends going to be for personnel management in the years to come? From an employment law point of view, how will companies and employees relate to each other in these changing times?
Those, who watch the real estate market, may note that after the crisis of recent years, new buildings began to appear in Kyiv again as rapidly as mushrooms after rain. The construction industry is slowly recovering and hopes to go beyond the 3% of the Ukrainian GDP.
This article is intended to analyze the conditions for enforcing of divorce between Bulgarian national and citizen of EU member state before the Bulgarian court
Multilateral Investment Guarantee Agency (MIGA) provided guarantees for funding in Ukraine
The global brands can assert the rules of fair competition in Ukraine.
Further Improvement and Revision of Foreign Exchange Regulatory Policies concerning Foreign Direct Investment
On November 19th, 2012, State Administration of Foreign Exchange (SAFE) issued a Notice on Further Improvement and Revision of Foreign Exchange Regulatory Policies concerning Foreign Direct Investment (hereinafter referred to as the Notice) which shall be implemented since December 17th, 2012.
JEDDAH: A Saudi attorney called for a law eliminating imprisonment as a penalty for infringing upon certain private rights as part of efforts to modernize the country’s legal system.
If you are looking for refugee status or political asylum in the US, you would need to learn more about these options.
Legal comments on the possibility for acquiring of land by foreign citizens following expiration of the 5-years period of prohibition
It is always a difficult topic to address when one talks about the death of a spouse: this article aims to clarify some of the issues people living in Italy may have if they find themselves in the situation of inheriting property or assets under the Italian Legal system.
This is an article regarding a law suit against Sharp in Israel.
This is an article regarding the reform in the importation of cellular phones into Israel.
This is an article regarding a 0% VAT rate during exportation from Israel.
This is an article regarding the obligation to perchuse Israeli products after a tender was canceled.
This is a verdict reagrding a bill of lading
This is an article regarding a case between an international forwarder and a marine carrier.
Rejection and non-registration of international trademarks using the Madrid system often go unnoticed for years resulting in crisis once enforcement action is sought. Careful scrutiny of the current status of such registrations is advisable to all international trademark holders.
This article was written to help explain the various video formats available to attorneys after conducting a video deposition.
The Italian Civil Code (“ICC”) recognizes three types of limited liability companies: • Società a responsabilità limitata (a private limited company); • Società per Azioni (a joint-stock company); • Società in Accomandita per Azioni (an hybrid form, rarely used in practice, that involves two categories of shareholders, some with and some without limited liability). The S.r.l. is the most commonly used corporate form in Italy.
Fraud emanating from the employee level rather than the more typical organization level is often indistinguishable to the victim. However, these are two distinct forms of misdeed and must be approached differently in order to affect a positive outcome for the victim.
By MMLC Group
This article reviews the activities of the Chinese Ministry of Commerce and the Anti-Monopoly Bureau, in reviewing applications for approval for M&A transactions under the PRC Anti-Monopoly Law, over the last 12 months.
This is an article regarding an insurence law suit
This is an article regarding reducing the price of goods by importers
This is an Article regarding changing a price quote by an international forwarder
In view of world wide economic integration, the international aspect of income taxation has become increasingly important. This note provides an introduction to the policies that countries seek to advance. The questions of source, jurisdiction and distinction between resident and non-resident from the perspective of international taxation are an important issue and in this perspective tax treaties and related instruments have been reviewed.
If for example, the main priority of a community trademark over a national trade mark is in question, then the day of registration is applicable and never the particular time. The precise time of the brand registration shouldn't be assessed.
Malta’s position within the financial services, gaming and aviation sectors, is further bolstered by the newly introduced 15% flat tax rate on; income derived from employment in Malta, by persons not domiciled in Malta and working in either of the ‘eligible offices’ as defined by the HQP Rules. With a minimum annual tax payable of € 11,250, equating to a 15% tax rate being applied to an income of € 75,000, tax planning has become a lot simpler.
A European business group is calling on China to make big changes to its patent system. The European Chamber of Commerce in China argues that the current Chinese patent system hinders the country's ability to innovate and may be detrimental to foreign companies. The group released a report recommending a total of 52 changes.
In these difficult economic times, some foreign investors are understandably reluctant to acquire costly factories in emerging markets to produce their goods. Instead, they employ the good old method of production outsourcing, and for several good reasons: when properly implemented, tollmanufacturing schemes enable foreign manufacturers to avoid Ukrainian customs taxes, reduce their cost of production, and realize greater profit margins in the West.
Welcome to the conference hall of the Investment Company Sigma Bleyzer. We have an interesting topic for you today, a topic that is interesting in any country, but especially so in Ukraine. Our topic today is how to protect foreign investors in Ukraine and what legal support is available from professionals. My name is Alexander Pavlov, head of the Ukraine-Israel Business Council.
By Zorlu Law
Examining Contracts Arising Under the Commercial Credit Transaction (Letter Of Credit) Commercial credits are most commonly used in the international transactions areas. Its main future is that; it gives security both the exporter (seller) and the importer (buyer). The Seller knows that, he will get paid if he completes his duty properly. The buyer, on the other hand, can ensure to part his money before the goods are received.
With a few exceptions, Arizona does not impose a citizenship or even a residency requirement on non-citizens seeking to start or buy an existing business in Arizona. As its economy recovers from the housing bust, Arizona is ideally situated for foreign investment, especially from partners in Canada and Mexico. Arizona participates in the CANAMEX Corridor Coalition, promoting safe and secure trade between Canada, the U.S., and Mexico.
The following is an outline of a lecture I have given to the Edson Institute at Arizona State University in Tempe, Arizona as well as the Arizona Small Business Development Center and tte students of my business law class at ASU in Glendale, Arizona. I am hoping this summary report will be sufficient to trigger action on the issues discussed and to cause the reader to obtain some professional advice regarding same.
The rise of BIT regime worldwide represents a major shift in investor-state relations in developing and emerging economies. As an outcome, this choice presented challenges both to Investors and BIT partner states. Competing demands emerging from this new relationship between investors and treaty partner led to the development of Law of Investment Treaties.
This article is dealing with the Israeli contracts law. Many companies customarily establish a joint venture for importing and marketing certain products, with one company responsible for the importation process to Israel, and the other responsible for marketing the products in Israel.
Principle Points of the Government's Decision to Lessen Import Obstructions in Regards to Standardization - Israel
This article is dealing with the new legislation regarding the standartization in Israel. A few months ago, the Israeli government reached a decision to implement the recommendations of the Trachtenberg Committee which aim to ease the economic burden of Israeli citizens.
This article is dealing in the new legislation regarding the importation of medical equipment into Israel. Many goods are subject to strict regulations in import or export, requiring the presentation of certifications and licensing from various authorities (the Ministries of communication, health, agriculture, the standards institute, etc.)
This article is dealing with the battle over the salse taxes over beer in Israel. It was recently reported that the Minister of Finance raised the sales tax rate on beer from NIS 2.18 per liter to NIS 4.19 per liter and in light of this, local producers of beer claim that they will not be able to withstand such a tax raise.
This Article is dealing with the new Trade agreement that was sign between the U.S and South Korea. The free trade agreement between the US and South Korea has come into effect in March 2012. The agreement's objective is to facilitate trade in various types of products between the two countries. As a rule, a free trade agreement creates a very enticing environment for international trade among two (or more) countries that have entered such an agreement.
This article is dealing with Parallel import of Tommy Hilfiger goods to Israel. The incidents of parallel import are increasing in our country. Many brand names are being imported not only by the exclusive/official importers, but by others as well.
During the multilateral trade negotiations it was agreed that countries will extend a judicious treatment to the flows of international trade, despite that many countries are using technical barriers as a cause to prohibit imports and to distort competitiveness.
Now the world is becoming small, there are many people want to live in foreign countries, especially the developing countries, China, there are many opportunities in here, but the risks are exist at same time. So find a attorney before you go abroad. This is the true fact that I met during my attorney practice, for the secret of the person, I do not use the true name of the person.
The U.S. Supreme Court has agreed to revisit the issue of whether copyrighted works purchased overseas can be resold in the U.S., without the permission of the copyright owner. The Court previously considered the issue in 2010, but ultimately split 4-4 after Justice Elena Kagan recused herself.
World’s economies are closely woven and interrelated with each other, individual states are thus required to be more efficient in application of conventions and agreements signed under WTO, in order to increase the trade volumes of goods and services. States are also required to be prudent in implementing laws meant for the growth of international trade, more particularly when such conventions or agreements have become part of the municipal legislation.
By Zorlu Law
Formation of the contract under the Vienna Convention on Contracts for the International Sale of Goods 1980 (CISG) in comparison with Turkish Code of Obligations. 1 – General - The United Nations Convention on Contracts for the International Sale of Goods (CISG) was signed in Vienna on 11th April 1980 by the United Nations and entered into force on 1st January 1988.
This is an article regarding advertising discount and distribution fees. The Customs Authority has recently published a draft of a position paper regarding the evaluation of goods for Customs purposes, covering three issues: advertising expenses, distribution fees and warranty fees.
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.
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.
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".
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.
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.
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.
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.
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...
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.
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.
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.
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.
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.
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”.
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?
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.
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.
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?
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.
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.
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,.....
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......
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.
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.
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”.
“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.
“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.
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.