Grant Thornton management consulting recently released its Global Dynamism Index. The popular index ranks countries based on 22 indicators. At the top of the list is Singapore. The United States came in as the 10th best country in the world for growing a business. While United States ranked ahead of France, China and Japan it fell behind South Korea, Germany and Israel, … [Read more...]
Business Ethics in Emerging Markets: Global Standards, Local Strategies.
A few months ago, I was asked to spend the morning speaking to several classes at a local high school on the topic of ethics in recognition of National Government Ethics Day. It was a great experience. While I was impressed with the depth and scope of the students' questions, one question stood out for me. The questions was: "do people in different countries have different … [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...]
The U.S. L1 Visa is the Best Choice for International Business Executives.
I received a call last week from a gentlemen with an established business in Country X who sought my advise for obtaining an L1 intracompany visa to work in the U.S. It was clear from my conversation with him that he already knew how the L1 Visa could benefit his international business. In today’s fast-paced, global economy there is no better vehicle for allowing companies to … [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...]
5 Top Resources for Financing Your Small Business Exports or Foreign Investments.
Here in Miami, where my practice is based, the international trade market is booming. South Florida is poised for record trade in 2013, thanks largely to solid growth in Latin America, the area's top trade partner. In the first 10 months last year, South Florida's trade with international markets reached $102.6 billion, up by $9.4 billion from a year earlier. For U.S. small … [Read more...]
Chinese State-Owned Firms Abroad: Like Arnold Schwarzeneggar or Danny Devito?
For years now the international business community has been hearing the familiar refrain of how difficult it is for private-owned firms to keep up with Chinese state-owned enterprises (or SOE). I mention this because The Wall Street Journal’s China real Time Report has a provocative article out today, Chinese State-Owned Firms Not so Muscular Abroad. For whatever reason, the … [Read more...]
2013 is Going to be a Huge Year for U.S. Trade Policy. Here's Why.
Back in November it was widely speculated that Obama’s second term would be punctuated by an aggressive pursuit of free trade initiatives. In recent weeks, it’s become clear that free trade will indeed take center stage in Obama's second term. I mention this because I just read an excellent piece over at the Council for Foreign Relations website, Opportunity Knocks for Obama … [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...]
Enforcing Foreign Awards in International Arbitration
Nine times out of ten, one of the first questions we are initially asked by clients when we explain how international arbitration works is this: if we win the case, how can we be sure that the other side will pay, or that the award will be enforced? Because international arbitration often involves parties from different countries resolving business disputes in a neutral … [Read more...]