I work with a variety of business clients that have their own logistics departments to coordinate their international shipping operations. For many companies, however, having an in-house logistics department can really put a dent in a company's bottom line. That's why third party logistics providers or 3PLs have become so valuable. In selecting a 3PL, a company (the … [Read more...]
Yes, that International Forum Selection Clause is Enforceable. Probably.
In international litigation, the issue that's always raised when dealing with the enforceability of an international contract is whether the agreement's forum selection clause is enforceable. And usually the answer is yes, the forum selection clause will be enforceable. Probably. I say probably because there are a set of discrete factors that a court will look at in deciding … [Read more...]
Why You Should Include INCOTERMS in Your International Contracts.
I received an email from a client in Brazil last week about an important international trade deal involving a buyer in the United Arab Emirates. The issue was that Company Y in Brazil was negotiating a contract with Company X in Dubai but was unclear how a key transportation term in the contract should be defined. The problem was easily worked out by incorporating INCOTERMS … [Read more...]
Boeing's Dreamliner is a Dream for International Litigators.
There's been a lot of press the past few days over the worldwide grounding of Boeing's Dreamliner aircraft due to faulty batteries. As reported in the Wall Street Journal article, All Boeing Dreamliners Are Grounded World-Wide, the grounding of the Dreamliner marks the first time in four decades that U.S. airlines were forced to ground an airliner. U.S. airlines were joined … [Read more...]
International Litigation: Why Apple Will Lose this Lawsuit in Belgium.
Engaging in international business is thrilling. However, one must always be mindful that the contractual provisions governing a business transaction will many times conflict with the laws of another country. Just several days ago I posted an article cautioning international e-commerce companies that a forum selection clause in a consumer contract will not be recognized in … [Read more...]
International E-Commerce Contracts and the European Union. Mind that Forum Selection Clause.
Last week I got a call from the owner of an internet company based in the U.S. I'll call him "Owner X." You see, Owner X was concerned that his company may be the target of a consumer rights lawsuit in the European Union. Owner X told me that he had an iron-clad forum selection and choice-of-law provision in the contract governing the transaction. Of course, this provision … [Read more...]
Key Principles for International Law Firms to Follow.
The American Lawyer just did a great piece on how the most successful international law firms operate. The article, The 7 Key Steps International Law Firms Should Take in 2013 to Ensure Themselves a Bright Future, lists a number of principles that a modern international firm should follow for success in the age of globalization. While the article is directed at firms with … [Read more...]
Get the International Business Law Advisor App.
Several years ago, we introduced the International Law Advisor App for the iPhone. We are thrilled with the enormous amount of interest it has generated. The International Business Law Advisor App is available as a free download here through the iTunes App Store. Simply enter the text “International Business Law Advisor” and you’re all set! Let us know what you think and … [Read more...]
Got Sued Globally? Counter-Sue Locally for Leverage in Negotiations.
The other day I received a call from a potential client here in the U.S. whose company was sued in a foreign country. And not just any foreign country, one of THOSE foreign countries. Now the great thing I love about international litigation is the strategy that's involved when dealing with a foreign country. There's a whole new set of dynamics to consider such as the … [Read more...]
Top 5 International Business Law Trends to Watch in 2013: Trend #2 Intellectual Property.
This is the second in a 5-part series of what I see as the dominant international business law trends in 2013. Last year's globe trotting legal battle between tech titans Apple and Samsung was an excellent preview of the second major trend to look out for in 2013---the explosion in the number of international intellectual property disputes. Whether your company is … [Read more...]