International Law Articles

Articles written by attorneys and experts worldwide discussing legal aspects related to International Law.



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Investment Incentives in Ethiopia

  April 11, 2011     By Fikadu Asfaw and Associates Law Office
A brief note on investment incentives in Ethiopia.

EU Quality Policy Regarding Geographical Indications and Traditional Specialities

  April 11, 2011     By Andreas Neocleous & Co LLC
Since 1992, the European Union has operated three programs of product designations in order to promote and protect the names of quality agricultural products and foodstuffs. They fall into two categories: those linked to a territory and those relating to a particular production method.

Recent Changes to the Hong Kong Companies Ordinance

  April 11, 2011     By Angela Wang & Co.
The Companies Ordinance of Hong Kong (“CO”) has been amended by the Companies (Amendment) Ordinance 2010 (“Amendment Ordinance”) in July 2010 and its principal purpose is to launch the electronic company incorporation and to implement a one-stop electronic company and business registration service in Hong Kong.

German Probate Law: Heirs are Personally Liable for Decedent's Debts and Obligations

  April 4, 2011     By Siegwart German American Law
Under German law heirs inherit both assets and debts at the time of death. Heirs are personally liable for decedent's debts. In order to avoid liability for decedent's debts in Germany you must disclaim the inheritance. Strict time lines and formal requirements apply.

China's Seed Industry

  April 3, 2011     By MMLC Group
This article looks at the major legal issues associated with China's seed industry, as well as provides a snapshot of the main Chinese entities and government departments that are involved in the seed industry.

Enforcement of Foreign Judgements in China

  March 29, 2011     By MMLC Group
This article looks out a number of issues associated with the enforcement of foreign decisions of courts and arbitrators, in China.

The Case of the Problematic Developer - Russia

  March 28, 2011     By Tenzor Consulting Group
Investing in commercial construction projects is an entrepreneurial activity that, according the Article 2 of the Legal Code of the Russian Federation, is undertaken at the investor’s own risk. Herein lies the primary difference in the consequences of a poor monetary investment by a legal entity or a private entrepreneur and the consequences of a developer not fulfilling his obligations before to the investor of the construction project.

Foreign Investments in SEZs as the Most Perspective Mechanism of PPP - Russia

  March 28, 2011     By Tenzor Consulting Group
Relative quiet conditions in the investment market give time for reconsideration and principle restructuring of the elements of the given market sector. The participants again have a real opportunity to evaluate the efficiency of any given investment mechanisms.

Nigerian Mining Industry: Opportunities for Foreign Investors

  March 27, 2011     By Blackfriars LLP
Nigeria is endowed with numerous mineral resources such as talc, iron ore, bitumen, gold, rock salt, gypsum, lead/zinc, coal, gemstones, kaolin, tantalite, bentonite and baryte located in different parts of the country in commercial quantity

Capital Gains Tax in Nigeria: Exemptions and Reliefs

  March 27, 2011     By Blackfriars LLP
Capital Gains Tax accrues on an actual year basis.

The Nigerian Money Laundering (Prohibition) Act 2002

  March 27, 2011     By Blackfriars LLP
The Nigerian Money Laundering (Prohibition) Act 2002 (MLPA) was enacted at a period when money laundering was synonymous with drug trafficking.

Trademark Right in Action - Peru

  March 23, 2011     By Estudio Delion SRL
In a successful infringement action, when an importer commits an infraction, it is possible to file a judicial demand, because bad faith has already been shown. This can result in a jail sentence.

German Tax Law: Estate Tax, Gift Tax, and Inheritance Tax in Germany

  March 22, 2011     By Siegwart German American Law
A brief introduction to German estate tax, gift tax, and inheritance tax law. Easy to follow explanation and information in plain English on taxation of estates, heirs, and beneficiaries in Germany.

German Law: Inheritance and Probate in Germany

  March 21, 2011     By Siegwart German American Law
Basic Information in English on German probate and inheritance law.

Shipowners' Risks in Ukrainian Ports

  March 21, 2011     By International Law Offices
A lot of various incidents have been reported in the ports of Ukraine. The vessels calling the ports of Ukraine undergo numerous and serious perils. And we do not certainly mean perils of natural character. In the present publication we will try to cover some legal and operational risks foreign shipowners have to challenge in Ukraine.

A Dog Importer Will Compensate the "Let Animals Live” Movement - Israel

  March 21, 2011     By Gill Nadel Law Offices
Recently, the court obliged an importer of puppies from Uzbekistan to pay over 100,000 NIS to the "Let Animals Live" (Tnu L'Chayot Lichyot) foundation, for various expenses that the foundation bore after the puppies were imported to Israel.

The Journey of Briefs of Claim Outside of the State of Israel

  March 21, 2011     By Gill Nadel Law Offices
A decision was recently issued by the Central District Court ruling that under special circumstances, serving a brief of claim to a Palestinian importer via his customs agent will be acceptable service of papers.

Amendments on the ADR and RID Treaties Regarding Carriage of Dangerous Goods in Trucks and Trains - Israel

  March 21, 2011     By Gill Nadel Law Offices
On the 1st of January 2011, amendments to the following existing amendments will enter into effect: 1. ADR - European Agreement concerning the International Carriage of Dangerous Goods by Road. 2. RID - Regulation concerning the Carriage of Dangerous Goods by Rail.

Shipping Fees without a Written Agreement - A Dispute between an Importer and a Shipping Company - Israel

  March 21, 2011     By Gill Nadel Law Offices
An action for the sum of 21,000 NIS was filed to the Magistrate's Court of Haifa for a debt concerning failure to pay for continental shipping.

The Court Decides on the Accounting between an Importer and an International Forwarder - Israel

  March 21, 2011     By Gill Nadel Law Offices
A decision was recently issued by the Magistrate's Court of Tel Aviv deciding on the financial arrangements between an importer and an international forwarder, on a number of subjects.

Is There a Limit to an Interest Rate? The (Ongoing) Debate between a Customs Agent and an Importer - Israel

  March 21, 2011     By Gill Nadel Law Offices
A customs’ agent filed an action for around 230,000 NIS against the Markel Stav Corporation (importers) for an alleged debt for customs agency services, credit, and financing. The action was also filed against two guarantors for the importer's alleged debt.

A Customs’ Agent Will Be Charged with Storage Fees - Israel

  March 21, 2011     By Gill Nadel Law Offices
Recently, a decision was given by the Magistrate's Court of Tel Aviv, in which the court rejected a customs agent's objections to pay container storage fees.

The Indictment against Gottex Will Not Be Cancelled - Israel

  March 21, 2011     By Gill Nadel Law Offices
The company imported bathing suits sewn in Turkey, Romania and Bulgaria, knowing that the fabrics used for sewing the bathing suits were not of European manufacture, and therefore the finished product was not eligible, under the rules of origin, to be considered a product of European origin when imported to Israel.

Pistachios from Turkey Not From Iran - Customs Will Return Merchandise to the Importer - Israel

  March 21, 2011     By Gill Nadel Law Offices
Recently, a decision was given by the Magistrate's Court of Tel Aviv, in which the judge instructed Customs to return pistachios to their importer after being confiscated, due suspicions regarding their country of manufacture.

Customs Will Refund Importer More Than 3 Million Shekels That Were Overpaid - Israel

  March 21, 2011     By Gill Nadel Law Offices
In the present action, the importer requested a refund from Customs of the 3.3 million NIS that were overpaid. The Customs accepted the importer's stance regarding the classification, and the action focused on the question of the need to prove failure to roll-over the tax.

Creating a Branch (Representative) Office in Russia

  March 19, 2011     By CDR. Litigation Boutique, LLC
There are different forms of a foreign company's presence in Russia, one of them is a branch (representative) office.

How to Enforce a Foreign Judgment in China

  March 17, 2011     By Amaris Law
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.

Perspectives of the Eurozone’s Future

  March 16, 2011     By Andreas Neocleous & Co LLC
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.

International Sales: Standard Forms and Incoterms

  March 11, 2011     By Villagran Lara, Attorneys
The author explains about the advantages of contracting on standard form contracts and using shipping terms, including Incoterms.

Disinfection of Wooden Packages and Surfaces – Israel

  March 9, 2011     By Gill Nadel Law Offices
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.

Payment of Financial Forfeit and Payment under Protests - Notes and Clarifications - Israel

  March 9, 2011     By Gill Nadel Law Offices
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.

Duty to Report Money Being Brought Into or Out of Israel

  March 9, 2011     By Gill Nadel Law Offices
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.

Jail Sentences for Those Who Lower Prices to Minimize Customs Payments - Israel

  March 9, 2011     By Gill Nadel Law Offices
Recently a verdict was issued by the Magistrate's Court of Tel Aviv discussing the harshness of punishment for those convicted of tax offenses.

Missing Cargo: Low Compensation for Damaging One’s Reputation and Causing Him to Lose Future Clients - Israel

  March 9, 2011     By Gill Nadel Law Offices
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.

The Damage to a Shipment of Peppers That Was Not Proven

  March 9, 2011     By Gill Nadel Law Offices
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.

Can an International Forwarder Enjoy the Status of an Air Carrier? Court Updates - Israel

  March 9, 2011     By Gill Nadel Law Offices
As we know, the laws of aerial shipping grant various benefits to an air carrier, including limited liability and shortened limitation period.

The Romanian Trade Register

  February 28, 2011     By Taralunga & Taralunga Law Office
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.

The Meaning of Being an International Lawyer

  February 17, 2011     By Mariscal & Associates
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/Exequatur - Recognition of a Foreign Court Decision in Romania by Court Order

  February 15, 2011     By Taralunga & Taralunga Law Office
Exequator is a procedure regarding the recognition of foreign judgments in Romania by court order.

The Law Applicable to Contractual Obligations (Rome I Regulation) Concluded by Cyprus Companies

  February 9, 2011     By Andreas Neocleous & Co LLC
A summary and practical guidance on its impact on contractual obligations concluded by Cyprus companies.

European Private Company or Societas Privata Europaea - Cyprus

  February 9, 2011     By Andreas Neocleous & Co LLC
Thoughts on the question whether the born-to-be European private company could potentially compete with a private limited liability company under Cyprus law.

Arbitrage in the Post Soviet Zone

  February 8, 2011     By EnGarde Attorneys at Law
Problems of security for a claim within the frame of the foreign arbitrary procedure.

Social Security Schemes: What Is New for the Non-EU Nationals?

  February 4, 2011     By Lorenz
In this article the authors comment about the consequences of the new Eu-regulation 1231/2010 for the social security of non Eu-nationals.

New Regulations on Foreign Representative Office in China

  February 1, 2011     By UB & Co. Attorneys and Counselors
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.

Unification of the Taxation of Foreign Enterprises, Foreign Invested Enterprises and Domestic Enterprises - China

  February 1, 2011     By UB & Co. Attorneys and Counselors
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.

China Supreme People's Court Issued Provisions on Foreign Investment Disputes

  February 1, 2011     By UB & Co. Attorneys and Counselors
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").

China's Ministry of Commence Broadens the Approval Authorization of Foreign Investment

  February 1, 2011     By UB & Co. Attorneys and Counselors
Ministry of Commence of PRC issued the Notice on the Transfer of Approval Authorization of Foreign Investment (hereinafter the "Notice") on June 10, 2010.

China's State Council Issues New Policies to Boost Foreign Investment in China

  February 1, 2011     By UB & Co. Attorneys and Counselors
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.

China Strengthens the Registration Management of Foreign Companies' Representative Offices

  February 1, 2011     By UB & Co. Attorneys and Counselors
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.

A New Corporate Structure in Partnerships: A New Form of Investment for Foreign Enterprises and Individuals

  February 1, 2011     By UB & Co. Attorneys and Counselors
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

  January 21, 2011     By Andreas Neocleous & Co LLC
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.

Implementation of the European Semester

  January 21, 2011     By Andreas Neocleous & Co LLC
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’s Pilot Program Facilitating Foreign-invested RMB Funds

  January 18, 2011     By Guo Lian Law Firm
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.

Foreign Investments Entry Vehicles to China

  January 17, 2011     By Pamir Law Group
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.

Bulgarian Civil Court System Hierarchy

  January 13, 2011     By Trifonov Law Offices
There are 3 levels of Bulgarian civil court system hierarchy.

European Public E-Procurement

  January 12, 2011     By Andreas Neocleous & Co LLC
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.

Criminal Liabilities for Illegal Fundraising in China

  January 12, 2011     By Guo Lian Law Firm
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.

EU Launches Financial Supervisory Bodies

  January 5, 2011     By Andreas Neocleous & Co LLC
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.

Ongoing Arbitration for Mobil Oil over Venezuelan Assets

  January 3, 2011     By Sally & Fitch LLP
Mobil Corporation's claims in international arbitration against Venezuela's national oil company raises issues common to all commercial transactions that cross borders.

International Arbitration: Appeals of Decisions in Foreign Courts

  January 3, 2011     By Sally & Fitch LLP
Business clients must always understand that international arbitration can lead to appellate litigation on foreign shores, and prepare accordingly.

Foreign Investment: Setting up of Manufacturing Business in Malaysia- Promoted Activities

  December 30, 2010     By L Y Lu & Co
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 Investment: Setting up of Manufacturing Business in Malaysia- Approval Criteria

  December 30, 2010     By L Y Lu & Co
Foreign investor manufacturing license application – Malaysian government’s guidelines requirement.

Foreign Investment: Setting up of Manufacturing Business in Malaysia- Basic Requirements

  December 30, 2010     By L Y Lu & Co
Manufacturing license application - Eligibility and statutory requirement.

Cyprus- Kuwait Double Taxation Agreement

  December 22, 2010     By Andreas Neocleous & Co LLC
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.

Cyprus-Denmark Double Taxation Agreement

  December 22, 2010     By Andreas Neocleous & Co LLC
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.

Cyprus-Slovenia Double Taxation Agreement

  December 22, 2010     By Andreas Neocleous & Co LLC
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.

Cyprus Removed from All Italian Tax ‘Blacklists’

  December 22, 2010     By Andreas Neocleous & Co LLC
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.

China’s New Rules Regulating Foreign Representative Offices

  December 20, 2010     By Guo Lian Law Firm
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.

An Update - The Legal Risks of Not Registering a Property Lease Agreement in China

  December 20, 2010     By Guo Lian Law Firm
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.

Acquisitions in Ukraine: 10 Tips on Making a Successful Deal

  December 17, 2010     By Avellum Partners
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.

Tax Incentives for Foreign Investment in Malaysia

  December 16, 2010     By L Y Lu & Co
Malaysia welcomes foreign investments, particularly in the manufacturing sector, and does not discriminate against investors from any country.

Immunity of Postal Authority Does Not Apply as a Banking Corporation - Israel

  December 8, 2010     By Gill Nadel Law Offices
Recently, the Magistrate's Court of Hadera discussed the question of the liability of the Postal Authority in the field of providing banking services.

Customs Holds Goods that Violate Intellectual Property Rights - Israel

  December 8, 2010     By Gill Nadel Law Offices
Recently, the question of the liability of customs relating to handling the infringing goods was discussed by the District Court of Petah Tiqwa.

Should the Confession of a Person Accused of Tax Crimes Be Admissible? - Israel

  December 8, 2010     By Gill Nadel Law Offices
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.

Licensing Clerk: Your Employee Steals Open Checks, Who is Liable? - Israel

  December 8, 2010     By Gill Nadel Law Offices
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.

Serving Court Papers for an Importer from the Palestinian Authority

  December 8, 2010     By Gill Nadel Law Offices
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.

Injured Oil Rig Workers File Third-Party Actions

  December 6, 2010     By Solomon & Relihan, P.C.
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.

Purchase of Real Estate by Foreigners in Turkey

  December 2, 2010     By ADMD Law Office
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.

Acquisition of Real Estate by Foreign Investment in Turkey

  December 2, 2010     By ADMD Law Office
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.

Energy Regulations in Bulgaria and Turkey: a Comparative Study

  December 2, 2010     By ADMD Law Office
The main aim of this brief article is to give a bird view on energy laws of Turkey and Bulgaria in a comparative manner.

Legal Issues Associated with Cloud Computing in China

  November 23, 2010     By MMLC Group
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.

ICIS: Cyprus Private Investment Funds with a plethora of tax and legal advantages

  November 21, 2010     By Anastasios Antoniou LLC
Private International Collective Investment Schemes (ICIS), can be established in Cyprus and achieve maximum profitability for their investments in the most tax-efficient manner.

Proforma Invoice or Sale Contract, Problem of a Proforma Invoice in China

  November 1, 2010     By Simon Shang & Partners
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

Marine Insurance - Malaysia

  October 27, 2010     By Joseph & Partners
Bizarre judgment by the High Court likely to affect marine hull underwriting business in Sarawak.

International Divorce in Turkey: Pending Cases in Different Countries

  October 26, 2010     By Tiryakioglu Law Office
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.

Child Solider - Pakistan

  October 25, 2010     By Mumtaz & Associates
“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”.

Malaysian Admiralty Court

  October 25, 2010     By Joseph & Partners
Heralding a new era in the Nation's Maritime sector.

Qualified Foreign Limited Partner – The Latest Development on Foreign Investment in RMB Fund

  October 19, 2010     By Guo Lian Law Firm
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.

Binding Effect of the Arbitration Clause on the Receiver and Cargo Insurer

  October 15, 2010     By Ozturk & Partners Law Office
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.

Recognition and Enforcement of Foreign Court Judgments and Awards in Turkey

  October 15, 2010     By Ozturk & Partners Law Office
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.

Objection to the Jurisdiction of Turkish Courts

  October 15, 2010     By Ozturk & Partners Law Office
The parties to an international legal transaction or commercial contract usually do not agree on the jurisdiction of Turkish Courts.

Carrier’s Liability for Damage and Loss under the Carriage of Goods by Road Convention - Turkey

  October 14, 2010     By Ozturk & Partners Law Office
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.

Foreign Direct Investments in Turkey

  October 14, 2010     By Ozturk & Partners Law Office
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.

Stereotype 2. Arbitration Is Less Formal

  October 12, 2010     By Cai & Lenard
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.

A Highly-Flexible Legal Instrument: Articles of Association

  October 8, 2010     By Akdogan Uslas, Attorneys at Law
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.

Brand New Regulation on Real Estate Acquisitions in Turkey by Foreign-Owned Turkish Companies

  October 8, 2010     By Akdogan Uslas, Attorneys at Law
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.

Law of Capital Investment in Indonesia

  October 6, 2010     By Leks&Co
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.

Nigerian Money Laundering Prohibition Act

  September 24, 2010     By Blackfriars LLP
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.

Cape Town Convention

  September 20, 2010     By Serap Zuvin Law Offices
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.

Cyprus International Trusts

  September 17, 2010     By M. Korelis & Co LLC
The mechanism of Cyprus International Trusts in Tax Planning.