International Contracts: Applicable Law and Arbitration

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 »

Etiquette and Business Culture in Arab countries

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 »

Export and Coronavirus: 10 Keys

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 »

International Joint Venture Contract: A Process in 5 Steps

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 »

Incoterm DPU: Definition and Obligations of the Parties

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: Types and Models

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 »

Shareholders Agreement for a New Company or Startup: Template and Main Elements

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 »

Keys to doing business in Sweden

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 »

30 International Etiquette Rules You Have to Know

When doing business abroad, it is advisable to know the main rules of international etiquette. The culture and tradition of each country make people behave differently, and if the business executive does not know how to adapt to that behavior, it can provoke a rejection from the other party, which makes it more difficult or even endangers the success of ... Read More »

Technology Transfer Agreements Guidelines

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 »