The Financial Times recently reported that Royal Dutch Shell, one of Europe’s largest energy groups, signed a memorandum of understanding to form a $12 Billion joint venture with Cosan, a large Brazilian sugar cane processor. What if the parties had signed a letter of intent? Does it make a difference? Probably not. It would generally mean that only one of the … [Read more...]
Goldman Sachs' Annual Report: It's All Smoke and Mirrors.
As an international business attorney, I read my fair share of annual reports-- both domestic and foreign. While the amount of information disclosed in the reports varies widely depending on the industry and country, most reports fall on the far left of the transparency continuum i.e. on the fringe of what the law requires. There is no better illustration of the … [Read more...]
International Transactions: The Effect of Cultural Values on International Mergers & Acquisitions
Foreign mergers account for the majority of worldwide M&A activity. With the global economy on the rebound, cross-border M&A activity is expected to reach record levels. The numbers of cross-border deals currently in the works include: Indian personal care products maker Godrej Consumer Products Ltd is in talks with Argentina-based hair color products firm, … [Read more...]
International Arbitration: Swiss Arbitrations Increase with Success of Expedited Arbitration Procedures
There was a high increase in arbitration cases submitted to the court under the Swiss Rules of International Arbitration, according to the Swiss Chambers’ Court of Arbitration and Mediation. According to the Swiss Chamber, a total of 104 new arbitration cases were filed in 2009, an increase of more than fifty percent over the number of cases submitted in 2008. Statistics … [Read more...]
Strong Outlook for Mergers & Acquisitions in Latin America
Brazil will lead mergers and acquisitions in Latin America I’m seeing a lot of M&A activity taking place in Latin America these days. According to Bloomberg New and Latina American Advisor, takeovers are at their strongest pace in a decade as the economy recovers and credit markets continue to improve. While most have the activity is taking place in Brazil and … [Read more...]
The BRICfast Club (Part III): China and Brazil Sign Trade and Investment Agreements at BRIC Summit
Oil and Steel Industries to Benefit This is the third in a series of posts dedicated to the BRIC countries. While the late John Hughes would have appreciated the titular tribute to his Breakfast Club classic, the series is meant to stimulate a robust discussion among those interested in the subject. For the uninitiated, BRIC is an acronym coined by Goldman Sachs to … [Read more...]
What the U.S., Europe and China Can Learn from Japan 1990 – 2005.
The folks over at BusinessInsider were kind enough to post the presentation from Nomura Chief Economist Richard Koo's speech to George Soros' Institute for New Economic Thinking this weekend. The presentation lays out in clear detail how the U.S. and Europe are in the midst of a balance sheet recession. Koo draws comparisons between the Japanese example, exhibited from … [Read more...]
International Litigation: How to File a Lawsuit Against a Foreign Investment Advisor
I was recently contacted by a client who lost several million US dollars due to negligent investment advice. Because the firm is based overseas, the client did not know what to do. Unfortunately, this scenario has become all too common in the wake of the global financial crisis. Whether your claim is against an institution based in the U.S., the EU or elsewhere, you have a … [Read more...]
Top Ten International Economic Trends for 2010. It's Good News.
As an international business attorney, I’ve got to stay on top of global markets to provide my clients with the best possible service. But with things moving so fast these days, it can be hard to keep up. Thanks to a highly insightful presentation authored by Byron Wien, Senior Managing Director at The Blackstone Group, staying on top of things just got a little … [Read more...]
International Center for the Settlement of Investment Disputes (ICSID) Releases Caseload Statistics
South America Hosts Majority of ICSID Cases The International Center for the Settlement of Investment Disputes (ICSID) recently released a report on its caseload statistics. The report includes lots of interesting data and illustrative charts. One chart I found particularly noteworthy was the geographic distribution of ICSID cases by state party. South America leads the … [Read more...]