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Drafting Clauses for International Arbitration

Typically the parties are little concerned about a dispute resolution clause. Some clause may be picked from another unrelated and dissimilar contract and inserted. Once any dispute occurs this clause can become the most important clause in the contract. In arbitration, the parties have great flexibility...

Contracting in the Global Marketplace: The UN Conventions on Contracts for the International Sale of Goods and the Limitation Period in the International Sale of Goods

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is not merely a codification of the status quo in international trade, but is part of a progressive effort toward harmonizing diverse approaches to international law. As of July 2005, some 65 countries had ratified...

Corporate Governance in Emerging Markets

Situation: Ensuring management and employees at every level understand and obey the rules of governance is difficult for foreign subsidiaries operating in emerging markets, such as China, where local regulations and business practices may be inconsistent with those in the home office. Click the link...

Facilitating Payments under the FCPA: Questions You Must Ask to Avoid Liability

Every international business faces the issue of what to do when a foreign bureaucrat demands "a little something extra" for doing his job in a timely manner. While one might simply consider this a cost of doing business in a different culture, it would be a mistake to make such payments......

The Importance of Clear Drafting in Outsourcing Arrangements

Outsourcing arrangements inevitably involve mutual interdependence between the customer and the supplier. The supplier is unable to perform some of the services in accordance with the service level requirements unless the customer performs some obligations, just as the customer may be unable to... ...

Adapting Offshoring to Your Business

Frequently, companies that are considering offshoring find themselves conforming their sourcing strategies to existing alternatives offered by service providers rather than constructing alternatives more suited to their unique requirements. Read the full article on martindale.com®.

International Labor and Employment Law: The Continuing Conflicts

Thomas L. Friedman in his book, The World Is Flat: A Brief History of the Twenty-First Century (Farrar Straus and Giroux, New York 2005) at page 114 quoted the following African proverb: “Every morning in Africa a gazelle wakes up. It knows it must run faster than the fastest lion or it will be...

International Distribution Overview of Relevant Distribution Laws: Europe

Whilst many aspects of the distribution relationship will be similar when distributing within the EU there are important differences to bear in mind and which can be costly to ignore. This paper attempts to be informative as regards the general context of the laws affecting distribution as well as providing...

Applicability of U.S. Labor Law to Issues, Disputes and Relationships that Include Foreign Conduct of Components

Relationships between U.S. employers and employees are no longer confined to activities occurring within the borders of the United States. The shifting of work overseas, the development of relationships between U.S. and foreign companies, and the involvement of governments of different nations in matters...

Foreign Affairs 101: Tax and Estate Planning Issues for U.S. Clients Who Own Foreign Property

When a U.S. citizen or resident client owns property in a foreign country, that client will face a number of U.S. and foreign legal and tax issues, and these issues sometimes are complicated or simplified by treaties between the United States and the foreign country involved. The most obvious situation...

Could you repeat that, please?

Just starting out in the International Law field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle International Law matters competently. Read on for a quick primer! Anti-Dumping and Countervailing Duty: The U.S. antidumping and...

Deal Management: Multijurisdictional Cross-Border Transactions

Benjamin K. Sibbett addresses the situation in which an attorney is representing a nationally-focused, non-U.S. company without an international presence in connection with its acquisition of an international business division from a large U.S. company. In this Best Practices piece, he explains “...

The Fundamentals of Admiralty Law

The threat to international shipping posed by the recent spike in piracy off the Somali coast has been making headlines. Reports of passengers falling ill while on cruise ships also dot the news, as do stories concerning workers on oil drilling rigs who are injured when disasters befall their vessels...

Relationships with First Nations

Businesses working outside large urban areas in British Columbia (and, in some cases, within them as well) often need good working relationships with neighbouring First Nations, whose aboriginal claims could be affected by provincial permitting decisions. There are many reasons for good relations with...

International Perspectives on Legal Education

Lessons From Law Students Around the World This semester, rather than return to the hallowed halls of my every day law school, I decided to mix things up a little bit and study abroad. Come September, I left sunny California behind, packed my forgotten winter clothing, and headed off for four...