The use of international arbitration is increasingly frequent due to the complexity of international operations, as well as the existence of multiple contracts and the plurality of parties. Therefore, it is important to take this aspect into account when drafting the dispute resolution clause, as well as when choosing the applicable arbitration rules. Arbitration is a process of dispute resolution ... Read More »
A Memorandum of Understanding between companies is a document like a contract but not binding on the parties, except when confidentiality and non-competition agreements are included. It is essentially a collection of key points of an agreement between two parties that are negotiating a contract; in this respect, a Memorandum of Understanding is simply the agreement signed prior to the ... Read More »
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 »
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 »
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 »
The Technology Transfer Agreement is increasingly used in technological cooperation strategies when the most innovative companies try to enter new markets. In this sense, technology transfer contracts (intellectual property rights or know-how, depending on whether the technology involved is registered or not) are expansion vehicles for companies that do not wish to make a direct investment in the country of ... Read More »
By definition, International Sales of Goods Contracts imply that the sellers and buyers are located in different countries. This presents and obvious potential for confusion, as most commercial law is country specific, reflecting national trade practices, values and public policy. However, some general advice is possible for several reasons. In first place, there are many similarities among the different bodies ... Read More »
