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...]
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...]
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...]
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...]
How to Structure an International Distribution Agreement.
Although I enjoy the day-today challenges of international litigation, I’m often called upon to structure international business deals. These are fun too, as I get an inside look at the business side of many different kinds of industries. Lately, I’ve seen a considerable increase in the number of distribution deals being forged. Distribution agreements are simply contracts to … [Read more...]