A Letter of Intent is essentially a collection of key points of an agreement between two parties that are negotiating a contract; in this respect, a Letter of Intent is simply the agreement signed prior to the final contract. In certain complex transactions, the parties may wish to come to a preliminary agreement, sometimes called an “agreement to agree”, which ... Read More »
The contracts in Arabic that foreign companies must negotiate with clients and partners in Arab countries, such as Saudi Arabia or the Emirates, have a number of peculiarities that should be known in order to succeed in the negotiations and close agreements. Arab countries constitute a diverse region in geography, ethnicity, religion, as well as cultural practices and business etiquette. ... Read More »
International operations often present higher uncertainties and risks than operations when both signatory parties are from the same country. This is justified by the difficulties in getting information from the other party, commercial practices in each country and, above all, the cultural differences regarding the negotiation, drafting and fulfilment of contracts. Therefore, applicable law in international contracts and the option ... Read More »
To successfully negotiate in Arab countries it is essential to take into account their protocol and business culture, in certain aspects so different from the Western world. The Arab countries constitute a traditional culture based on the principles of their religion -the Islam- which, however, is constantly evolving, adopting behaviour patterns typical of developed countries; this mixture is somehow difficult ... Read More »
Olegario Llamazares* The Coronavirus crisis has caused a situation in the international economy unknown until now and of which there is no possible reference, not even the financial crisis of 2008, which, starting from the bankruptcy of Lehman Brothers in the United States, spread in stages to every developed country. By contrast, the Coronavirus, in just three months, has confined ... Read More »
The International Joint Venture Contract governs the relationship between two companies located in different countries, and which set up a third company, the Joint Venture, with the intention of jointly establishing an activity with its own objectives: research, marketing and distribution, manufacturing, etc. Drafting International Joint Ventures Contracts requires a five-step methodology in order to negotiate them successfully: Step 1. ... Read More »
The Incoterm DPU appears for the first time in the Incoterms 2020 version. It assumes the same functions and obligations of Incoterms DAT (Delivered At Terminal) which disappears. In the Incoterm DPU the seller delivers the goods unloaded at a port terminal or another place of destination in the buyer´s country. The terminal concept is quite broad and includes both ... Read More »
Confidentiality Contracts are intended to protect certain information that must be provided in the course of a commercial relationship, either with partners, distributors, suppliers, employees or consultants. Basically, a confidentiality contract has three functions: Confidentiality contracts define exactly what information can and cannot be disclosed. They protect sensitive technical or commercial information from disclosure to others. The use of confidentiality ... Read More »
The Shareholders Agreement for a new company or startup is an agreement signed by the Shareholders whose purpose is to govern the internal relations within the company, as well as to establish the dispute resolution channels of any conflicts which may arise. Whereas a Shareholders’ Agreement may be executed at any given moment during the life of a company, the ... Read More »
José María Rodriguez Clemente* Sweden is not only today a prosperous, stable and commercially consolidated country, but also the leader in economic growth of the region known as Scandinavia, (formed together with Denmark, Norway, and Finland), and the strongest commercial partner of Spain among the Nordic countries. Today is at the top of many rankings of competitiveness and ease of ... Read More »
