HG.org Legal Resources

International Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of International Law.


An Arbitral Award has No Immediate Effect in Cyprus

A foreign judgment or an arbitral award has no immediate effect in Cyprus. A procedure must be followed in order to enforce the foreign...

A Methodological Approach to Negotiating International Business Disputes

The United States government has declared increased exports are the path for financial recovery. In particular, the Small Business...

Foreign Companies in Ecuador

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...

Financial Action Task Force (FATF)

Firstly, is important to understand the cause of money laundry crime. Usually, is related to drugs traffic, terrorism, trafficking of humans,...

Spotlight: Concerns about Constitutionality of Turkey’s New IP/O Regime in Civil Industrial Sectors

On 06 February 2014, Turkish Parliament has enacted a 6518 Omnibus Bill, gazetted February 19th 2014, which adjoins a provision to article 3 of...

Introduction to Jurisdiction of Divorce in Turkey

Divorce principles in Turkish Law related to divorce. Enforcement of a Foreign Divorce Decree in Turkey requires some standards.

The Main Advantages for Clients of Using Cayman Islands Corporate Structures

  By Loeb Smith
What is the single most important advantage that Cayman Islands corporate structures provides to clients?

Worry and Reassurance: A New Food Safety Law in China and What You Can do for Your Customers

Fake wine is nothing new in China. Even though the economic incentives for going after counterfeiters have never been greater, the fakes are...

Overhaul Aimed at Making all Media Equally Available throughout Europe

The European Union has recently unveiled a planned reform for the 28 Member State’s digital market aimed at boosting ecommerce and overhauling...

Avoiding of Risks in Property Interests Purchase in the Ukraine

Investing to the real estate market is very profitable in Ukraine. There are a lot of foreign companies which provide their activity in Ukraine...

Risk Management and Prevention Strategies for Start-Ups in China

For any start-up, there are multiple legal issues involved in building your business but risk management and prevention issues can be arranged...

E-Residency in Estonia

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...

Scammed by Someone from Another Country, What are My Legal Options?

  By HG.org
They are a routine part of our modern, online world: Internet scams are a daily annoyance for many. Often found in annoying emails, website...

Parameters to Request the Granting of a Concession in a Maritime Zone

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,...

Oil Contracts, What Is it all About?

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...

Legal Aspects of Conflicting Views on Cyprus's Exclusive Economic Zone

We explore the general legal aspects of the conflicting positions between Cyprus and Turkey relating to Cyprus’ exclusive economic zone and the...

Parallel Import to be Legalized in Russia in 2015 - Antitrust Risks

Parallel import allows import of goods not only by their owner or dealer, but also by any importer.

Turkish Energy Market 2015

Turkey’s importance in the energy market grows as a regional transit hub given its location between the oil rich Middle East, Caspian region,...

The Schengen Agreement

The Schengen Agreement is very important when travelling across Europe.

USA: Business Structures Available for Foreign Investors

The choice for the appropriate legal structure to transact business in the United States (“U.S.”) depends on a combination of factors relevant...

Ratification to the Treaty Relating to Grand Inga Hydroelectric Project in the Congo

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...

Enforcing the 1958 New York Convention in the Democratic Republic of the Congo

The UN Convention on the Recognition and Enforcement of arbitral awards signed in New York on June 10, 1958, (« The New York Convention »), has...

Enforcement and Recognition of Foreign Arbitral Awards in Turkey

Explaining current provision and practice of enforcement and Recognition of Foreign Arbitral Awards in Turkey. New York Convention and Turkish...

Discovery and Depositions in Germany

Taking depositions in Germany can be easy with the proper planning and scheduling.

Ship arrest 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.

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....

Important Frequently Asked Questions on Ship Arrest 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....

Recent Canadian Court Decisions Affecting Commercial Arbitration

More business cases are going to arbitration than ever before. Therefore, courts have to confront more procedural and legal issues arising out...

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...

When a Marriage Breaks in the United Arab Emirates

Shedding light on the application of the UAE Personal Affairs (‘Sharia’) versus foreign laws. The case of a Hindu divorce granted by the Sharia...

The Legal Truth of E-contracts in Egypt

No doubt that the technological evolution and its wide range usage in various fields became a part of our daily lives, accompanied by this...

Buying Property in Dubai

The endless opportunities that Dubai is bringing back to its real estate sector and the influx of new people relocating to Dubai have...

Setting Up a Business in Italy

The first step a company based outside Italy has to take before starting a business in Italy is chosing the most appropriate form of...

Turkey’s Civil Offset/Industrial Participation Enthusiasm

Most probably many people would not know more about where offset/industrial participation discussions were moving toward before the article...

Recognition of Foreign Judgments by Thai Courts

The recognition of foreign judgments by Thai courts is an issue likely to be of great interest to foreigners and Thai nationals alike. Its...

Legal Aspects of Marrying Ukrainian Citizens

Nowadays, many people move to Ukraine to marry with Ukrainian citizens. A foreigner who married a person who lives in Ukraine will face a number...

Business Establishment in Ukraine

Nowadays many foreigners plan to establish their own business in other country. It can be very profitable because every country has some...

How Does the Foreigner Validate Documents Issued in Ukraine?

The largest part of all documents confirming one or another status of the foreign person by some country will require a further legalization...

Overview of Business Crime in Latin America

While several Latin American countries have vowed to combat corrupt practices and have enacted legislation to formalise their intentions,...

Your Business in Ukraine: New Perspectives for the Private Sector

It's not a secret that Ukraine is still one of the market dark horses in context of entrepreneurship. Not many of large companies venture to...

Civil and Commercial Court Rulings Will Have Effectiveness in All the EU

Savings of up to €48 million thanks to new rules for cross-border judgments.

Independent Bank Guarantee in Italy

Business clients dealing with international trade frequently asked us whether an independent bank guarantee issued under the URDG 758 (the ICC...

The Gateway to Europe

Despite the fact that the German market is considered to be the third biggest economy in the world, with an annual turnover of (if you mention...

The Cargo Transport Units Code of Practice – What Does it Mean for You?

A new Code of Practice aims to increase safety and security in the working environment in dock and on board ship – and helps shipping, cargo and...

Enforcement of US Judgments in Turkey

As a civil based law country (continental European Law) in Turkey, enforcement of foreign judgments are entitled to specific provision in...

Enforcement of UK judgments in Turkey

How to enforce UK judgments in Turkey. Uk Decrees are generally enforceable in Turkey based on high court decision.

Doing Business in Cuba

In January 2015 the Treasury Department issued regulations to establish banking relations and allow U.S. companies to export items for sale in...

Shipping and Maritime: Costs Following Hijacking of Vessels

A vessel was hijacked in the Gulf of Aden by Somali pirates. Unfortunately for cargo owners and insurers, the High Court in the UK has ruled...

Alternative Investment Funds in Cyprus

The Alternative Investment Funds Law of 2014 was enacted by the parliament on the 10th of July 2014 and entered into force on the 27th of July...

Parallel Import in Israel

Israel's Supreme Court has just handed down a watershed ruling in relation to the question of parallel import in Israel. In addition to...

Innocent Infringer Trademark Defense in Israel?

Israel's Supreme Court recently found that trademark infringement in Israel should not be attributed to an importer who did not knowingly order...

FATCA: Cayman Islands Investment Entities Should Act Before Upcoming Registration Deadline

  By Loeb Smith
The broad scope of the Foreign Account Tax Compliance Act (“US FATCA ”) introduced by the United States (“US”) and the implementation of that...

European Securities and Markets Authority Issues Consultation Paper on Asset Segregation

The European Securities and Markets Authority (ESMA) has recently published a consultation paper on the asset segregation requirements under the...

China - Live Animal Import and Export Regulations

  By MMLC Group
A look at the web of Chinese laws that potentially apply to the import of live animals into China.

Overseas Service Businesses Under the Thai Foreign Business Act

The Foreign Business Act of 1999 generally restricts service businesses under Category (21) of List Three, with certain explicit exemptions such...

Investments Into Crimea

Pursuant to a treaty of accession between the Russian Federation, Crimea and Sevastopol dated March 18, 2014 Crimea and Sevastopol became...

Foreign Skilled Technicians and Experts Under the Board of Investment in Thailand

The Investment Promotion Act of B.E. 2520 (1977) allows three categories for foreigners to enter Thailand in addition to the standard...

An Overview of FIDIC Rules in Turkey

FIDIC, (Federation Internationale Des Ingenieurs Conseils), International Federation of Consulting Engineers aims to find a resolution in...

Cyprus Nominee Shareholders - Valid Trusts Arrangements or a Mere Façade?

First to be explored is the legal nature of the so called “nominee shareholder”. Nominee shareholder is a shareholder of a company holding...

New Rules Simplify the Filing and Approval of Chinese Outbound Investment Projects

On September 6, 2014, the Ministry of Commerce ("MOFCOM") issued the Outbound Investment Management Rules (the "Rules"), which took effect on...

Recognition of a Foreign Judgment and Public Policy Requirement

Do you have court order from court of your country that you wish to seek recognition of it in Turkey, but you are concerned that it might not be...

Security for Cost in Turkey

Security for costs is money that a plaintiff is ordered to provide to the court as a condition of continuing with a claim or execution...

Can the Shares of a Cayman Islands Company be Pledged as Security?

  By Loeb Smith
It is not possible to "pledge" registered shares under Cayman Islands law because title to the shares cannot be transferred by physical...

Foreign Investments in the Ukraine

A brief overview about the guarantees that Ukrainian legislation provides for foreign investors and which steps should be done to enjoy them.

International Law Increasingly Important

Globalisation continues to advance. Trade has long since ceased to stop at national borders. This also has implications for jurisdiction.

What will TTIP Bring for Turkey: Legal and Trade Related Issues

Known by its acronym TTIP, Transatlantic Trade and Investment Partnership has the capacity to serve as a game changer in global economic...

China's Supreme People's Court (SPC) Rules in Favor of ICC Arbitration in China

The recent decision by the China SPC turns on its head all that international arbitrators and contract drafters have come to believe of the...

When Should Blog or Forum Posts Create Liability for Defamation?

Writers often express their views on blogs or forums. With the advancement of laws, anyone who writes articles, must be cautious of consequences...

American Defense Industry: Does the Legal Regime Hamstring the Business?

The United States is still by far the leading country in defense spending, allocating a sizable portion of its GDP to produce cutting edge...

Arrest of Ships in Accordance with Libyan Law

Libya is largely dependent on imports, consisting mainly of industrial and food commodities. Libya’s biggest trading partner is the European...

TTIP: The Issue of Investor to State Dispute Settlements

The benefits that will the TTIP bring to the table for both of the signatories across the Atlantic are well documented by the Atlantic...

Practical and Legal Aspects of Debt Collection in Ukraine

Despite all the current geopolitics, trade goes on in Ukraine, but what if you are an exporter and have concerns about repayment?

Shanghai Free Trade Zone Releases 2014 Negative List Revision

The broad negative list initially issued at the launch of the Shanghai Free Trade Zone (FTZ) in Oct 2013 has been revised as promised. The newly...

People’s Republic of China Arbitration Clause – No Room for Ad Hoc?

The People’s Republic of China (PRC) rules on arbitration requires arbitration by an institution. Therefore for China based arbitration this...

Integration of US and Europe Energy Markets: TTIP and Global Energy Trading Projection

Shale gas revolution has been driving US energy market by increasing economic and industrial competitiveness. Today, shale gas has gained...

Transatlantic Trade and Investment Partnership: How should Turkey Cope with the Changing Dynamics?

The free trade agreement, known with its acronym TTIP, currently being negotiated between the United States and the European Union is expected...

Why Small Businesses Should Consider China Trademark Registration

The recent troubles facing Tesla’s expansion into China, particularly the trademark of its name and it’s Chinese version TeSiLa should be paid...

European Economic Interest Groups in Italy (EEIG)

EEIG in Italy ("Gruppo Europeo di Interesse Economico", GEIE) is an associative organization. GEIE or EEIG can exclusively be used within...

Establishing Business in Turkey

The New Turkish Commercial Code numbered 6102, published in the Official Gazzette on February 14,2011 came into effect on July 1, 2012.

Willfulness and the Civil FBAR Penalty

  By Brown, PC
In 2008, when it was revealed that wealthy individuals around the world were utilizing accounts and trusts in Liechtenstein to evade taxes, the...

The Regulation of Virtual Currencies - A Positive Step Undertaken by the EBA

On Friday the 4th of July the European Banking Authority (EBA) published an opinion addressed to the EU Council, European Commission and...

Can You be Held Responsible for Texting a Driver Who Causes an Accident?

Texting people is extremely common. Now, one might just be liable, if you do so to someone who is driving, and causes an accident. An Appellate...

Prospective Pitfalls in the TTIP

The United States and the European Union are readying themselves to celebrate the formation of the biggest single market to date which is...

IRS Changing Terms for Offshore Account Holders

  By Brown, PC
U.S. taxpayers hiding assets abroad should take note of the Internal Revenue Service’s plan to sharply increase penalties for such acts, while...

Licence and Registration, Please! – New Licensing and Registration Regime for Directors of Cayman Companies

  By Loeb Smith
On 4th June 2014, the Directors Registration and Licensing Law, 2014 (the “Law”) came into force in the Cayman Islands. The Law requires all...

Transatlantic Trade and Investment Partnership and The American Defense Industry

TTIP, the free trade agreement that is currently being negotiated between the United States and the European Union, if successfully concluded by...

Limitation in International Trade

One of the legal instruments and security accreditation of the rights and interests of the parties in the liability is the mechanisms of...

Transatlantic Trade and Investment Partnership: An Answer to the Shift of Global Economic Balances?

Long gone are the days the American economy by itself producing almost the 50% of the total world economic output immediately following the...

Arbitration: Your Counterparty is a Resident of Ukraine

Particularly, Ukraine, as the successor of the USSR, is the co-signatory of the Convention on the Recognition and Enforcement of Foreign...

Technology & Communications Law - Malaysia

A basic insight into the laws of technology and communications in Malaysia.

New Law Passed to Modify Contract Law in the Cayman Islands

  By Loeb Smith
The Contracts (Rights of Third Parties) Law, 2014 (the “Law”) has now been passed into law in the Cayman Islands and is expected to enter into...

Newest Legal and Tax Implications When Purchasing Real Estate in Spain

In real estate transactions in Spain it still happens more often than not that acquired objects or extensions have to be dismantled because...

Company Formation in Albania - Business Licensing

Foreign nationals are entitled to take up economic activities in Albania as self-employed persons, and to set up undertakings, in particular...

Malta Individual Investor Program – Facilitating Citizenship Through Investment in the Republic of Malta

The Republic of Malta allows investors to apply for citizenship, with all of its advantages. Acquiring Maltese citizenship also confers the...

When Will the Cayman Courts Pierce or Lift the Corporate Veil of a Cayman Company

  By Loeb Smith
The general legal principles regarding corporate personality under the law of the Cayman Islands are similar to those under English law.

MFSA Clarifies the Limits Applicable to Cross Sub-Fund Investments

Subject to certain conditions, a sub-fund of a PIF or of an AIF which is constituted as a SICAV is allowed to invest up to 50% of its assets...

MH370 - The Montreal Convention from a Malaysian Perspective

An insight for the unfortunate whose relatives were traveling on MH370.

Remedies Against EU Sanctions Targeting Russian and Ukrainian Officials

In the wake of new turmoil in eastern regions of Ukraine, the European Union has decided to expand the list of sanctioned persons subject to a...

Bilateral Arbitration Treaties: A Few “Bits” More and No “Buts” within the Portuguese Jurisdiction

In his “Kiev Arbitration Days” after-dinner speech in November 2012 (“BITS, BATS and BUTS”), Gary Born presented a suggestion that can leave no...

Marriage Features Between Ukrainian Citizen and Non-resident

Another, as we may say, and at least an adult step in the life of almost every person is marriage. As they say, love knows no age boundaries and...


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