Over at the Harvard Law School Forum on Corporate Governance and Financial Regulation blog, there’s an excellent post for international companies that are looking to acquire a U.S. company. The post, Checklist for Successful Acquisitions in the U.S., does a great job of itemizing the most important point that must be considered when targeting a U.S. acquisitions. Among 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...]
Start-up Locally, Expand Globally: Why Your Startup Should Always be an International Business.
I represent several start-up businesses here in Miami. From the get-go these companies have wisely targeted international markets. At least for me, going international is a no-brainer. After all, there’s no better way for a start-up to dramatically accelerate growth. For example, one company I work with has already branched out to Brazil and China. The company … [Read more...]
Global Trade in Services Placed on U.S. Trade Agenda.
Earlier this week I read a promising report over at Global Trade Magazine. According to the article, Talks On The Global Trade In Services To Begin ‘Soon, the U.S. Trade Department has advised Congress of the Obama administration’s plan to enter into negotiations to expand global trade in services. The 18 countries expected to participate in the negotiations are Canada, … [Read more...]
5 Key Terms to Include in Your International Franchise Agreement.
During the past several weeks, I've been working on a major international franchise deal. The transaction requires that a master international franchise contract be used in several countries. While every country has its own set of franchise laws, there are certain material terms that simply cannot be excluded from an international franchise agreement. As with any … [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...]
How to Draft an International Manufacturing Contract.
The other day I got a call from a company requesting my assistance in structuring an international manufacturing agreement. While the majority of my cases are centered on international litigation or arbitration, I get a big thrill out of structuring international business contracts. Doing international transactional work allows me to get an inside look at the business side of … [Read more...]
Singapore Ranks as Best Country for Growing a Business. U.S. Ranks 10th.
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...]
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...]