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Cross-Border Transactions Contract Terms

Miller Canfield

Why Midsized Companies Should Consider International Arbitration to Enforce Their Cross-Border Contracts

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For midsized companies engaged in cross-border trade—whether selling overseas or purchasing from foreign suppliers—the ability to enforce contracts is critical. After all, if a contract cannot be enforced, it’s not worth the...more

A&O Shearman

CJEU imposes limits on the validity of asymmetric EU jurisdiction clauses

A&O Shearman on

In a decision that may cause some concern, the CJEU has held that asymmetric EU jurisdiction clauses are only valid under EU law if they designate with sufficient precision the alternative jurisdictions in which proceedings...more

JAMS

Tariffs, Contracts and the Negotiation Imperative: Why the Old Playbook Won’t Work

JAMS on

New tariffs and economic shocks are placing immense strain on business contracts and relationships. For companies entangled in long-term agreements, the instinctive reaction—litigating or engaging in a zero-sum renegotiation...more

Morgan Lewis

Applicability of the UN Sales Convention in International Commercial Transactions

Morgan Lewis on

In the case of cross-border sales contracts for goods, it often happens that the contracting parties do not expressly stipulate (in writing) the law applicable to the contract or that the choice of law has not been made...more

Walkers

Jersey Company Law Series: Mergers - which entities, the process and the effect

Walkers on

The Companies (Jersey) Law 1991, as amended, (the "Law") provides a modern, simple and flexible merger regime for relevant companies and other entities, whilst also protecting shareholder and creditor interests....more

BCLP

GBA Standard Contract to Promote Cross-Border Data Flow: HKSAR and the GBA - a Standard Contract

BCLP on

On 13 December 2023, the Innovation, Technology and Industry Bureau (ITIB) and the Cyberspace Administration of China (CAC) issued the “Standard Contract for the Cross-boundary Flow of Personal Information Within the...more

Holland & Knight LLP

Closing the Deal: Getting Cross-Border Business Aviation Transactions Done Right

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Differences in law as well as cultural differences can prolong international aircraft transactions. Assembling a good team of legal and technical professionals, as well as an aircraft broker familiar with international...more

Lathrop GPM

Fifth Circuit Affirms Ruling in International Breach of Contract Case

Lathrop GPM on

The Fifth Circuit Court of Appeals recently affirmed a federal district court’s ruling in a breach of contract action brought by Shenzen Synergy Digital, a China based manufacturer and exporter, against Mingtel, a Texas based...more

Latham & Watkins LLP

Rise in Transatlantic Transactions Puts M&A Deal Terms in Focus

Latham & Watkins LLP on

More US buyers — and more buyer-friendly deal terms — are entering the seller-friendly UK market, although the picture is increasingly nuanced. Whilst global M&A deal volumes have dipped at the start of Q1 2023, UK-bound...more

White & Case LLP

Managing Contractual Performance in Times of Sanitary Crisis: The Spanish Law Perspective

White & Case LLP on

The unprecedented health crisis arising from the novel Coronavirus disease (“COVID-19”) and measures enacted by the Spanish Government to contain the spread, has in some cases affected contractual performance. The...more

Snell & Wilmer

Global Tax Implications of COVID-19 on Stranded Cross-Border Workers and Multinational Companies

Snell & Wilmer on

Because of the COVID-19 pandemic, several cross-border workers find themselves unable to physically perform their duties in their country of employment. Some or most of these workers have to stay at home due to travel...more

Katten Muchin Rosenman LLP

Force Majeure Clauses and Financially Settled Transactions Under the ISDA Master Agreement

Key Points - - The 2002 ISDA Master Agreement has a force majeure clause, but the 1992 ISDA Master does not. - A force majeure defense is unavailable unless payment/delivery is actually prevented. - Under a Force...more

McDermott Will & Emery

COVID-19 – Legal (Current or Future) Implications on Doing Business in Italy

McDermott Will & Emery on

Coronavirus (COVID-19) has been causing serious consequences in several countries. Italy has been one of the most affected countries since February 2020 and the implications of a considerable spread of the contagion over the...more

Hogan Lovells

Coronavirus battle: can I sign cross-border transaction documents with a Chinese party remotely?

Hogan Lovells on

The outbreak of the novel coronavirus COVID-19 is posing a major challenge to cross-border transactions globally. On March 11, 2020, the World Health Organization (WHO) declared the COVID-19 outbreak a pandemic. ...more

A&O Shearman

COVID-19: Derivatives Implications

A&O Shearman on

The outbreak of the novel coronavirus COVID-19 has implications for derivatives contracts. For example, some companies are asserting that the reported disruptions in the global supply-chain and travel restrictions constitute...more

BCLP

Cross-border sales restrictions - lessons from Meliá

BCLP on

On 21 February 2020, the European Commission (the “Commission”) announced it had fined Spanish hotel group Meliá almost €6.7 million for restrictive clauses in its contracts with tour operators. The decision highlights the...more

Pillsbury Winthrop Shaw Pittman LLP

An Inkling of INCOTERMS® 2020: A Summary Chart for the New Edition of International Trade Terms

Energy & Infrastructure Projects partner Robert A. James has produced the second edition of his Inkling chart with explanations to guide both veterans and newcomers. An Inkling of Incoterms® 2020 tracks the clauses of the...more

Hogan Lovells

Luxury retailers in Hong Kong and neighboring markets face Coronavirus crisis

Hogan Lovells on

Over the past nine months in Hong Kong, luxury retailers have encountered a challenging market. Hong Kong has traditionally been a popular destination for Mainland Chinese seeking to purchase luxury goods, but recent...more

BCLP

Getting The Deal Through - Cloud Computing 2020

BCLP on

What kinds of cloud computing transactions take place in your jurisdiction? As a G7 economy with mature IT and related services markets, the UK is one of the most important global markets for cloud computing. According to...more

Latham & Watkins LLP

Protect Your Antitrust Privilege — Why M&A Dealmakers Must Take a Strategic Approach to Privilege

Latham & Watkins LLP on

Companies must mitigate risks to antitrust privilege posed by cross-border megadeals and increased regulatory demand for documentation. A strong M&A market has driven a high volume of megadeals across the globe in recent...more

Dechert LLP

Brexit Manoeuvres: Potential Implications of a "Hard Brexit" for Fund Managers: A UK Perspective - October 2019

Dechert LLP on

This note sets out at a high level the potential impact of the United Kingdom’s (“UK”) exit (“Brexit”) from the European Union (“EU”) without a negotiated agreement on UK and European Economic Area (“EEA”) (a) alternative...more

White & Case LLP

Sanctioned default? The English High Court considers the effect of foreign illegality on English obligations

White & Case LLP on

As sanctions ramp up globally, it is increasingly important for commercial parties engaged in cross border transactions to have certainty (i) as promisees (e.g. lenders) as to when their counterparties may legitimately avoid...more

White & Case LLP

War Clauses: Friend (not Foe) of Force Majeure

White & Case LLP on

The Great Financial Crisis, natural disasters and political turmoil in various regions around the world have recently highlighted the significant importance of force majeure clauses. With regard to political turmoil, often...more

White & Case LLP

"No deal" Brexit Plan of Action

White & Case LLP on

As the approach of Brexit draws inexorably closer, the continued lack of certainty around what any Brexit withdrawal deal will look like, or indeed whether a deal will be agreed at all, is causing increasing concern among the...more

Dechert LLP

"No Deal" Brexit Risk Grows

Dechert LLP on

The UK House of Commons has rejected the government’s proposed Withdrawal Agreement. Unless the Agreement (or an amended version of it) is approved by the House of Commons, or the Brexit date of 29 March 2019 is postponed or...more

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