International Business Law Advisor Insights on International Litigation & Transactions

Monthly Archives: March 2010

The BRICfast Club: A Series of Posts Dedicated to Brazil, Russia, India and China (Part II)

Posted in Business Transactions, International Investments, Random Thoughts and Observations

India Needs Massive Investment in Physical Infrastructure to Catch China Growth This is the second 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… Continue Reading

Strippers, Witches…and Bono: All Subject to the World’s Most BizarreTax Laws

Posted in Random Thoughts and Observations

Government’s view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.                                      — Ronald Reagan While Halloween gets top billing as the scariest day of the year, it’s nothing compared to the shrieks and… Continue Reading

Post-Game Analysis of Morrison v. National Australia Bank. Read the Transcript Here

Posted in Dispute Resolution, International Banking, International Litigation

"I mean, this case is Australian plaintiff, Australian defendant, shares purchased in Australia.  It has ‘Australia’ written all over it."                    — Justice Ginsburg, March 29, 2010 Following up on yesterday’s pre-game analysis of oral argument in Morrison v. National Australia Bank,  Hannah Buxbaum over at the Conglomorate blog,  has posted an excellent post-game analysis… Continue Reading

U.S. Supreme Court to Decide Whether Foreign Plaintiffs Can Use American Courts to File International Securities Class Actions.

Posted in International Litigation

F-Cubed Securities Class Actions Put to the Test Today the Supreme Court will hear argument in Morrison v. National Bank of Australia. The case centers on so called “F-Cubed” securities class actions.  As Ashby Jones, of the Wall Street Journal Law Blog explains “the term “F-Cubed” refers to securities class action cases that are largely… Continue Reading

Internationalization of the Internet: Be Among the First to Register an Internet Domain Name in a Foreign Script

Posted in Business Transactions

Countries will soon be able to apply for internet addresses using characters from their national languages. The first Internet addresses containing non-Latin characters from start to finish will soon be online. In January, the Internet Corporation for Assigned Names and Numbers, known as ICANN, paved the way for an entire domain name to appear in Cyrillic for… Continue Reading

How to Set Up a Business in Japan (And Other Business Wisdom)

Posted in Business Transactions

                  Fall Seven Times, Stand Up Eight.                                  — Old Japanese Proverb Remember Japan? Well, Michael Shuman of Time magazine does. He’s written a compelling article appearing in next week’s issue. While the focus of the article, Turning Japanese,  is on Japan’s recent economic… Continue Reading

An Open Letter to the Hague Evidence Convention: Thanks for Nothing. I’ll Stick with the Federal Rules.

Posted in International Litigation

Dear Hague Evidence Convention: This letter pains me. In the past several weeks I’ve written several posts extolling the virtues of your convention siblings governing serving process abroad and legalizing documents for use overseas– the Hague Service Convention and the Hague Legalization Convention. These two conventions have worked very well to simplify and streamline areas… Continue Reading

Ireland Passes Arbitration Act of 2010: Incorporates UNCITRAL Model Law on International Commercial Arbitration

Posted in International Arbitration

I’ve been lucky to have visited Ireland a few times in the past several years. From the unbridled majesty of the Cliffs of Moer, to the emerald hills of Kilarney, to the bustling streets of Dublin, everything about Ireland is pastoral and progressive at the same time.  Leave it to an international law geek like… Continue Reading

UK Investors Offered Amnesty Under Liechtenstein Tax Deal

Posted in Business Transactions, Corporate Governance, International Banking

In a trend that could spread to other jurisdictions, Liechtenstein is asking wealthy UK investors who have assets hidden abroad to take advantage of its “unique and attractive” amnesty program. The agreement reached between the UK and Liechtenstein combines generous terms with a promise by the principality to close the accounts of customers who could… Continue Reading

How to Authenticate Documents for Use Abroad Under the Hague Legalization Convention

Posted in Business Transactions, International Arbitration, International Litigation

  I recently represented an overseas client who sued a U.S. party based on a transaction that took place overseas.  The transaction centered on several key affidavits, powers of attorney and attestations that we would need to use in U.S. litigation.   Traditionally, for such documents to be made admissible in U.S. courts, the documents… Continue Reading