International Business Transactions

Section 1782 of Title 28 of the United States Code

US federal statute allowing for the provision of discovery assistance in foreign proceedings

Foreign Corrupt Practices Act

US law prohibiting bribery of foreign officials by US companies

E.U. Distributorship

Distribution agreements governed by European Union laws

Joint Ventures

Business partnerships between two or more companies

Service of Process

Delivery of legal documents to notify a party of a legal action

Permanent Court of Arbitration

Intergovernmental organization facilitating arbitration and other forms of dispute resolution

TRIPS Agreement

International agreement on Trade-Related Aspects of Intellectual Property Rights

Customary International Law

International law derived from long-standing practice and opinio juris

Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents

International treaty governing the service of legal documents across borders

Convention on the Taking of Evidence Abroad in Civil or Commercial Matters

International treaty governing the taking of evidence in cross-border disputes

Foreign Direct Investment

Investment by a company from one country into another country

Arms-Length Transaction

A transaction between unrelated parties conducted on fair and equal terms

Opinio Juris

Belief by states that a certain practice is obligatory

BITs

Bilateral Investment Treaties

Mergers and Acquisitions

Combining or acquiring companies to form a larger entity

Reparation

Compensation for the consequences of an illegal act

Public Health

Concerns related to the health of the general population

Distributorship Agreements

Contracts appointing one party as a distributor of another party's products

Agency Agreements

Contracts appointing one party as an agent to act on behalf of another

Development Agreements

Contracts for the development of projects or products

Stock Purchase Agreements

Contracts for the purchase of shares in a company

Licensing Agreements

Contracts granting permission to use intellectual property

Forum Selection Clauses

Contractual provisions specifying the jurisdiction for resolving disputes

Separability

Doctrine that an arbitration clause is independent of the main contract

Unlawful Expropriation

Expropriation that does not meet the conditions for legality

Lawful Expropriation

Expropriation that meets conditions for public purpose, non-discrimination, due process, and payment of compensation

Grey Market Goods

Goods sold through unauthorized channels outside the manufacturer's intended distribution network

Export Controls

Government regulations on the export of certain goods and technologies

Indirect Expropriation

Governmental actions that result in a deprivation of property rights

Direct Expropriation

Governmental takeover of private property

Expropriation

Governmental taking of private property for public use

Commercial Agents

Individuals or entities acting as intermediaries in business transactions

Political Risk Insurance

Insurance coverage against losses due to political events in a foreign country

Private International Law

Laws governing controversies between private persons with a significant relationship to multiple nations

Public International Law

Laws governing relations between nations and individuals

Anti-Trust Laws

Laws prohibiting anti-competitive practices and promoting fair competition

Anti-Boycott Legislation

Laws prohibiting participation in boycotts against countries or entities

Société Nationale Industrielle Aerospatiale v. US District Court

Legal case addressing the scope of the Hague Evidence Convention

Mitsubishi v. Soler

Legal case affirming the arbitrability of statutory claims in international arbitration

Volkswagenwerk Aktiengesellschaft v. Schlunk

Legal case clarifying the application of the Hague Service Convention

Toys R Us

Legal case clarifying the application of the New York Convention to awards made in the US

ZF Automotive US, Inc. v. Luxshare, Ltd.

Legal case clarifying the scope of Section 1782 for international commercial arbitrations

Carnival Cruise Lines, Inc. v. Shute

Legal case upholding a forum selection clause in a passenger ticket

Antitrust Issues

Legal concerns related to competition and monopolies

Securities Law Issues

Legal concerns related to the issuance and trading of securities

Antitrust Aspects

Legal considerations related to competition and monopolies

International Litigation

Legal disputes between parties from different countries

Piercing the Corporate Veil

Legal doctrine allowing the disregard of corporate entity to hold shareholders personally liable

Transnational Lawyering

Legal practice involving cross-border transactions and disputes

Transnational Practice

Legal practice involving cross-border transactions and disputes

Intellectual Property

Legal rights protecting creations of the mind, such as inventions, trademarks, and copyrights

Corporate Nationality

Legal status of a corporation as a citizen of a particular country

Common Law

Legal system based on case law and precedent

Civil Law

Legal system based on statutes and codes

Protecting Foreign Investments

Measures to safeguard investments made by foreign entities

Canada Model BIT

Model bilateral investment treaty used by Canada

State Practice

Repetition of similar international acts by states over time

International Arbitration

Resolution of disputes between parties from different countries through arbitration

Competence-Competence

Power of an arbitral tribunal to rule on its own jurisdiction

International Court of Justice

Principal judicial body of the United Nations for resolving disputes between nations

Freedom of Contract

Principle that parties have the freedom to enter into contracts on their own terms

Enforcement of Judgments Abroad

Process of enforcing court judgments in foreign countries

Discovery

Process of gathering evidence in a legal case

Notary

Public official authorized to certify documents and administer oaths

National Restrictions

Regulations imposed by a country to limit foreign investment

Transnational Sales

Sales transactions involving parties from different countries

Choice of Forum

Selection of the jurisdiction where a legal dispute will be resolved

Choice of Law

Selection of the legal system that will govern a contract

Establishing a Foreign Operation

Setting up a business presence in a foreign country

Precedence

The legal principle of following prior court decisions

Party Autonomy

The principle that parties to a contract have the freedom to determine its terms