International Law Articles

A case study on enforcing a German judgment in P.R. China, showing exemplary pitfalls for foreign clients who intend to realize the enforcement of a foreign judgment in China.

The presentation of a “Pact of Competitiveness” at the EU summit on 4 February by Germany and France was the plan for the Eurozone Member States to agree on a closer economic convergence in order to restore competitiveness to the euro area.

The author explains about the advantages of contracting on standard form contracts and using shipping terms, including Incoterms.

One of the subjects in the field of international trade which has international regulation that is not a taxes or tariffs matter, is the subject of disinfection of wooden packages.

As we know, an importer who wishes to import goods into Israel must pay the charged import taxes on the subject. At the same time, depending on the subject, in many cases he must meet regulations set by the governmental body responsible for this matter – generally, the various governmental offices or the Standards Institute. The various requirements for each type of goods are specified, among other places, in the Free Import Order.

According to the Money Laundering Prohibition Law, and the Prohibition on Money Laundering Ordinances (Methods of Reporting Monies Entering and Leaving Israel) 5761-2001, it is mandatory to report the flow of money in and out of Israel.

Recently a verdict was issued by the Magistrate's Court of Tel Aviv discussing the harshness of punishment for those convicted of tax offenses.

A decision was recently issued by the Magistrate's Court of Tel Aviv dealing with the question of how high should be a compensation given for loss of cargo.

Recently, a decision was given by the Magistrate's Court of Tel Aviv, in a case which raised the issue of proof of damage resting on an exporter, whose good were damaged due to a late arrival of the shipment.

As we know, the laws of aerial shipping grant various benefits to an air carrier, including limited liability and shortened limitation period.

Regarding its organizational structure, the Trade Register shall be kept by “The Trade Register Office”, which is organized in every county and in Bucharest, near the local trial court.

What is the actual meaning of being an international lawyer nowadays? Clients do not only need an expert in law, but an interpreter for the international context.

Exequator is a procedure regarding the recognition of foreign judgments in Romania by court order.

A summary and practical guidance on its impact on contractual obligations concluded by Cyprus companies.

Thoughts on the question whether the born-to-be European private company could potentially compete with a private limited liability company under Cyprus law.

Problems of security for a claim within the frame of the foreign arbitrary procedure.

In this article the authors comment about the consequences of the new Eu-regulation 1231/2010 for the social security of non Eu-nationals.

The State Council of PRC issued the Regulations on Administration of Registration of Resident Representative Offices of Foreign Enterprises(the "New Regulations") on November 19th, 2010 and the New Regulations will take effect on March 1st, 2011.

The State Council issued the Notice on Unifying the City Construction Tax and Educational Surcharge of the Foreign Invested Enterprises, Foreign Enterprises, Foreign Individuals and Domestic Enterprises (the "Notice") on October 18th, 2010.

The PRC Supreme People's Court issued the Provisions on Several Matters Concerning the Hearing of Disputes Involving Foreign-Invested Enterprises (I) (the "Provisions") on August 16, 2010, which entered into force on the same day. The Provisions provide guidance for certain disputes arising from the establishment and changes in the registration of the foreign-invested enterprise (the "FIE").

Ministry of Commence of PRC issued the Notice on the Transfer of Approval Authorization of Foreign Investment (hereinafter the "Notice") on June 10, 2010.

Several Opinions on Further Improving the Work of Utilizing Foreign Investment (the "Opinions") were issued by the State Council of China (the "State Council") on April 6th, 2010.

The Notice on Further Administration of Registration of Foreign Companies' Resident Representative Offices (the "Notice") was issued by China's State Administration for Industry and Commerce ("SAIC") and the Ministry of Public Security jointly on 4th January, 2010.

Measures for the Administration on the Establishment of Partnership Business by Foreign Enterprises or Individuals in China (the “Measures”) shall come into effect as of March 1, 2010.

E-justice, the use of Internet technology in handling various administrative procedures before, during and after the administration of justice, provides a host of possibilities throughout the legal process, from lobbying through to the provision of remote authoritative legal information and certificates. It is seen by many as the key to streamlining and expediting justice.

After the publication of the Annual Growth Survey (AGS) by the European Commission, the Hungarian Presidency undertook to implement the first ever "European Semester" a six-month period of each year in which member states' budgetary and structural policies are reviewed to identify any inconsistencies and emerging imbalances, so as to facilitate coordination before major budgetary decisions are finalized.

Shanghai Municipal Finance Office officially released the Details on Implementing the Pilot Program of Foreign-invested Equity Investment Enterprises [Hu Jin Rong Ban Tong (2011) 38] on 12 January 2011 (“Pilot Program”), which will take effect from 1 February 2011.

Unlike in some western societies where one form of company can be used for a broad unlimited business scope, in China different corporate structures are used for different purposes. It is important to understand the structural options to avoid trying to cram a round peg through a square hole.

There are 3 levels of Bulgarian civil court system hierarchy.

On 18 October 2010 the European Commission launched a consultation on electronic procurement in the public sector. In the now standard form of the Green Paper, consultation will seek to gather the views of stakeholders on how the EU can help Member States to accelerate and facilitate the procedures for issuing public tenders.

In China, raising funds from public must be conducted strictly in accordance with laws to avoid criminal liabilities. China’s Criminal Law (1997) criminalize some public fundraising conducts and imposes severe criminal punishments on violators.

Following the approval by the European Parliament of a reforms package on European financial supervision, the Council has adopted the legal texts establishing the European Systemic Risk Board and three new supervisory authorities, aimed at eliminating deficiencies in the banking sector, the stock markets and the insurance market.

Mobil Corporation's claims in international arbitration against Venezuela's national oil company raises issues common to all commercial transactions that cross borders.

Business clients must always understand that international arbitration can lead to appellate litigation on foreign shores, and prepare accordingly.

The following is the list of promoted activities and products for high technology companies which are eligible for consideration of Pioneer Status or Investment Tax Allowance under the Promotion of Investment Act 1986.

Foreign investor manufacturing license application – Malaysian government’s guidelines requirement.

Manufacturing license application - Eligibility and statutory requirement.

Details of the new double tax treaty between Cyprus and Kuwait have now been made public. The new treaty, signed on 5 October 2010, will take effect when it has been ratified by both countries. Until then the existing treaty, which dates back to 1984, will continue in effect.

Details of the new double tax treaty between Cyprus and Denmark have now been released. The new treaty, signed on 11 October 2010, will take effect when it has been ratified by both countries. Until then the existing treaty, which dates back to 1981, will continue in effect.

Following its emergence as an independent state, Slovenia adopted the double taxation agreement dated 29 June 1985 between the former Yugoslavia and Cyprus. A new double taxation agreement has now been agreed between Cyprus and Slovenia. It was signed on 12 October 2010 and will take effect when it has been formally ratified by both countries. Until then the existing 1985 treaty will continue in effect.

The additional protocol to the Cyprus – Italy agreement on the avoidance of double taxation, which was signed on 28 May 2009, has now been ratified by both countries and has come into effect. The additional protocol provides for the exchange of bank and other information based on the OECD Model Tax Convention.

The State Council released the revised Administrative Regulations for Registration of Foreign Enterprise Representative Offices on 19 November (“Regulations) replacing previous rules issued in 1983. The Regulations stipulate several new requirements that increase Rep Offices' administrative burdens.

Ministry of Housing and Urban-Rural Development of PRC issued the Measures on Administration of Lease of the Properties Sold as Commodity (“Measures”) on 1 December 2010. The Measures will take effect from 1 February 2011, which will then replace the Measures on Administration of Urban Property Lease promulgated in 1995. The Measures apply to the lease of commodity properties constructed on State-owned land in the planned urban area.

With the global financial crisis approaching its end, M&A activity is picking up in Ukraine. Foreign buyers are again looking at the Ukrainian market as sellers have adjusted their pricing expectations to reasonable levels. With this trend in mind, it could be useful to reiterate a few basic aspects of investing in Ukraine.

Malaysia welcomes foreign investments, particularly in the manufacturing sector, and does not discriminate against investors from any country.

Recently, the Magistrate's Court of Hadera discussed the question of the liability of the Postal Authority in the field of providing banking services.

Recently, the question of the liability of customs relating to handling the infringing goods was discussed by the District Court of Petah Tiqwa.

Recently, the Magistrate's Court in Ashdod was asked to discuss the admissibility of a statement given in the course of the interrogation of a suspect in tax-related offenses, including theft, conspiracy to commit a crime, accepting property obtained criminally, and evasion of tariff payments owed.

Recently, the Magistrate's Court of Tel Aviv discussed the liability of an employer for theft committed by one of his employees, of checks of the customs representation company.

For the court to be able to conduct the action of a plaintiff against a defendant, a duty rests upon the plaintiff to serve the defendant with the statement of claim. Without proper service, the court cannot discuss the action. But sometimes doing so is complicated or even impossible.

On the heels of 29 deaths from a Virginia coal mine collapse and 11 deaths from the Gulf oil rig explosion comes the question of whether third parties can be held liable in work-related injuries.

In the past decade purchasing property in Turkey became very popular through holiday home owners and investors worldwide. The main purpose of this brief article is to explore the legal structure and the procedure of purchasing real estate in Turkey for foreigners.

Legislation regarding purchasing of real estate in Turkey by foreign investments have changed many times over the past years. Supreme Court decisions, international or political developments and economic necessities are some of the pushing factors of such amendments.

The main aim of this brief article is to give a bird view on energy laws of Turkey and Bulgaria in a comparative manner.

This article looks at some of the Chinese regulations that are most relevant to cloud computing in China. It is hoped that more comprehensive data privacy laws will receive attention in China in the near future.

Private International Collective Investment Schemes (ICIS), can be established in Cyprus and achieve maximum profitability for their investments in the most tax-efficient manner.

Many foreign purchasers only sign a proforma invoice with a Chinese Supplier, when they want to start a litigation or arbitration in China, they find that the proforma invoice is not considered as a contract, only a evidence for litigation in China

Bizarre judgment by the High Court likely to affect marine hull underwriting business in Sarawak.

It is not uncommon to imagine an international divorce case where one of the spouses is a Turkish Citizen, the other, an Italian Citizen, both residing in Germany; one party initiates divorce proceedings in Germany, while the other later files another divorce case in Turkey, believing that this action would be advantageous.

“I would like to give you a message, please do your best to tell the world what is happening to us, the children. So that other children do not have to pass through this violence”.

Heralding a new era in the Nation's Maritime sector.

In March 2010, Shanghai Government proposed a trial program ("Trial Program"), known as qualified foreign limited partner program, to the central government for its approval. The Trial Program will relax current restrictions on conversion of foreign-currency capital to enable qualified foreign investors to directly invest in a RMB private equity fund. In early October 2010, it was reported that the Trial Program has been approved “in principle” by the relevant departments of the State Council.

The question of binding effect of the arbitration and/or jurisdiction clause on the receiver and receiver’s insurer becomes an important and surprising legal issue in the international carriage of goods by sea in case the jurisdiction of Turkish courts has been agreed by the parties to the charter party wherein the receiver is not a party but only being the authorized legal holder of the bill of lading issued as per the charterparty.

The issue of recognition and enforcement of foreign court judgments and arbitration awards in Turkey is one of the most vital final key points in international transactions in case the object of the transaction (i.e. the aircraft, goods, assets of debtor) is situated and the defendant or debtor having its assets and principal place of business in Turkey when the time comes to reposses of the title or to enforce any foreign court judgment or award.

The parties to an international legal transaction or commercial contract usually do not agree on the jurisdiction of Turkish Courts.

Under the Carriage of Goods by Road Convention, the carrier is liable for any loss of or damage to goods that occurs during transportation and as well as for any delay in delivery.

The legal framework of the Foreign Direct Investments(FDI) are regulated under the law numbered 4875 and dated 17.06.2003. This law is structured as a legal guideline for investors and consists of 7 articles which includes general rules and principles about FDI. In this article, I would like to explain this law’s articles briefly.

This article is the second in the special set of comments “Stereotypes of international arbitration”. It is worth mentioning that here we discuss the myths which re typical for international arbitration.

This article mainly discusses the characteristics of Articles of Association under Turkish law and especially provides clarification as to how it can be used as an effective legal instrument.

This article discusses the legal regime established by the new regulation of the Ministry of public Works as regards foreign-related real estate acquisitions in Turkey.

Formerly, investment law was regulated in two different regulations. The Law No. 1 of 1967 on Foreign Capital Investment as amended by Law No. 11 of 1970 on the Amendment and Supplement to the Foreign Capital Investment Law No. 1 of 1967, and Law No. 6 of 1968 on Domestic Capital Investment as amended by Law No. 12 of 1970 on the Amendment and Supplement to the Domestic Capital Investment Law No. 6 of 1968.

The Nigerian Money Laundering (Prohibition) Act 2002 (MLPA) was enacted at a period when money laundering was synonymous with drug trafficking. Consequently, the law sought basically to prohibit gains obtained from narcotic drugs and other psychotropic substances.

The Cape Town Convention is an international agreement that strives to provide a much clearer structure for international aviation finance. The Cape Town Convention augments the Chicago convention which was the primary source of regulation to governing the registration of airframes, aircraft, and helicopters. The Chicago convention only provided a very loose framework of international law regarding the nationality of aircraft.

The mechanism of Cyprus International Trusts in Tax Planning.

In the field of competition law, internal company communications with in-house lawyers are not covered by legal professional privilege.

In this contribution, the authors comment on a recent decision of the Administration Tribunal of the International Labor Organization in which the principle is discussed whether a rule of general application can be challenged.

After the eruption of an Icelandic volcano earlier this year, it became clear that in order to be able to respond in a fluid and coordinated way to another incident; Europe must push ahead with the single sky project that was originally set to be completed by 2020 and have standards in place by 2012.

This article addresses the risks to Israelis being sued in Ontario, Canada. Sometimes there is a tendency for Israeli defendants to ignore Ontario lawsuits. Perhaps they feel judgment proof because they have no assets in Canada. That may be unwise. Ontario may assume jurisdiction and grant judgments against Israeli defendants. Such judgments may be enforceable in Israel leaving the defendant's assets in Israel vulnerable to collection.

China's automotive industry has grown nearly 2,000% in the past 20 years to a whopping 13.6 million total autos sold in 2009—surpassing the US to become the world's number one auto market.

Mauritius has got a safe banking environment for local and foreign investors.

This article addresses the risks to Americans being sued in Ontario, Canada. Sometimes these defendants ignore Ontario law suits because they have no assets in Canada. That may be unwise. Ontario may assume jurisdiction and grant judgments against American defendants. Such judgments may be enforceable in the US.

This article looks at the various laws and regulations that can be used to protect privacy in China. It goes on to analyze a recent court decision regarding Article 253 of the PRC Criminal Law, which has expanded the scope of this provision for the benefit of privacy.

Since China's adoption of the “Open Door” policy and entry into the World Trade Organization (‘WTO’), merger and acquisition activities in China have become an increasingly attractive alternative to foreign investors as compared to foreign direct investment. This article gives an overview of the laws and regulations governing mergers and acquisitions by foreign entities in China.

Listing on the Hong Kong Stock Exchange by way of introduction received some attention recently as a result of the suspension of trading in the shares of Asian Citrus Holdings Ltd, China’s biggest orange plantation just 2 hours after trading on the opening day and in June 2010, the listing of London listed insurer Prudential PLC where Prudential added another trading venue in Hong Kong without raising additional funds as no new shares were issued in Hong Kong.

There are very good opportunities for investment in St Lucia. Once you have decided what property you wish to buy, you will need an alien landholding licence. This article guides you through that process.

On October 1993, 16 African States signed a treaty known as the ‘Organisation pour l'Harmonisation du Droit des Affaires en Afrique’ (Organization for the Harmonization of Business Law in Africa, the ‘OHADA Treaty’). Two years later, on September 1995, it entered into force and provided its members with a uniform business law, a regional arbitration and dispute resolution institution, and a regional institute for the training and specialization of magistrates.

Are you planning to invest in Ethiopia as a foreign investment? If so here is a brief note about the basic requirements of foreign capital registration under the Ethiopian law.

The recognition and enforcement of a foreign judgment/arbitral award not only affects the right and interest of the parties to the judgment/arbitral award, but can be a matter of sovereignty. In today’s international community, it becomes popular one state recognizes the judgment/arbitral award made by a foreign court/arbitration organization based on certain conditions, which brings convenience to the parties to the judgment/arbitral award and promotes the friendship of the states involved.

The main criteria being looked upon by our Supreme Court before the enforcement of a foreign judgment in Mauritius

They say there are two things that are almost sure in your life: death and taxes. It is likely that none of these problems will ever be completely “solved”, however as medical professionals are continuously working on expanding life expectancy, we, tax professionals are always trying to offer cosmetic solutions for lowering the overall tax burden of businesses.

Introduction: The Treaty of Amity and Economic Relations between the Kingdom of Thailand and the United States of America (Treaty of Amity) was signed in 1966. Through the signing, the nations intended to encourage “mutually beneficial trade and closer economic and cultural intercourse between their peoples….” The Treaty of Amity allowed for expansive international commerce between the two nations. Specifically, it allowed U.S. owned business to operate as Thai companies in Thailand.

Regulation (EC) No 384/96 aims to transpose the provisions of the new agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (1994 Anti-dumping Agreement) into Community law with a view to ensuring appropriate and transparent application of the new anti-dumping rules.

How to establish a Limited Liability Corporation, Joint Stock Corporation from a practical point of view.

Nowadays not only foreign investors and clients who are willing to finance different projects but also foreign contractors involved in construction of turnkey are interested in Belarusian construction business. There are several strategies to enter the construction business which may be implemented in the frame-work of cooperation or integration.

A choice of the governing law of any agreement is the most important element. In Kazakhstan, sometimes the parties are not free to select any governing law.

Immigration visa to Brazil will be granted only to applicants who satisfy the special requirements established by the Brazilian National Immigration Council or the Ministry of Labor. In principle, there are seven cases in which a foreigner can obtain a permanent residence visa to Brazil.

Introduction: The Extradition Act of 2551 (2008) is the relevant statute that governs extraditions to and from Thailand. In addition to the Thai statute, international treaties affect extradition proceedings. These instruments allow the Thai government to request or comply with an extradition proceeding.

This article aims to explain the concept of settlement related to the United Nations Commission on international trade law and Turkish perspective.

The article aims to explain the the Structure of Board of Directors According to the Turkish Commercial Code.

The Republic of Panama was recently awarded the "investment grade rating on its debt" by the rating agency Standard & Poor's, which adds to that previously awarded by Fitch, thus becoming a stable and growing country and generating a lot of confidence among investors.