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