AREAS OF Practice

 When one conceives of a Multinational Enterprise, it will be wise to be mindful of the factors one can control, as well as those which one cannot. 

Of the factors one cannot control (easily), they include international and local laws, statutes, regulations, and policies. These factors are government mandates and are typically impossible to alter with impunity. Despite such, one can do extremely well by familiarizing oneself with said government mandates so as to anticipate its pros and cons in relation to a particular business and/or market. 

Of the factors one can (and should) control, they include prudent planning, careful formation, and meticulous drafting of agreements. 

The form which a business entity assumes will often result in significant consequences in various areas of its functions and operations. Concepts ranging from basic concepts such as ownership and liabilities, to complex concepts such as profit sharing, indemnities and arbitration venue, they must all be addressed. Fortunately, these areas can all be addressed through written agreements. 

An agreement is a living document which can be shaped fully by the parties which it binds. Although the basic elements of any agreement include offer, acceptance, and consideration, a wealth of factors come into play to complete the details of that understanding. 

Standard, boilerplate contracts are easily accessible to anyone. But it takes a knowledgeable and experienced attorney to point out how these agreements and clauses will work together in optimizing benefits, liabilities, tax positions and other consequences. 

Specific industries almost always include additional nuances and terms of art which are often only relevant to that particular type of business. 

These unique facets of contractual terms pertain to trade usage, course of dealing, and typically vary greatly from jurisdiction to jurisdiction.

One typically considers retaining counsel when a dispute surfaces. In most instances, parties become hostile and fail to communicate effectively. We are well versed in negotiating and resolving disputes, especially cross cultural ones where there is a great deal of misunderstanding of intentions and misinterpretation of actions. It is often wise to explore and discover the true meaning behind the perceived dispute, prior to resorting to legal action. 

Given the potential cost, and more importantly the valuable time necessary to further commercial litigation, parties are often encouraged to resolve their disputes through avenues other than announcing the battle cries of a lawsuit. 

Depending on the circumstances, facts of the case, clauses contained within enforceable agreements, or the parties' respective desires for an efficient resolution, disputes can often be settled through a series of meetings and negotiations. 

It is important to remember that what may be perceived as monstrously indelicate, may be traditionally accepted and the norm to another. Cultural literacy is absolutely crucial for effective and efficient dispute resolution.

International Arbitration is an area of law which has grown exponentially within the last decade. Factors such as fairness, enforceability of outcome, and the potential savings of economic costs, coupled with one's abilities to dictate the terms and conditions of a potential arbitration has resulted in International Arbitration as the preferred method of resolution for cross border disputes for many Multi National Enterprises. 

A case is often prime for International Arbitration if the parties in question had previously stipulated to such. 

Within the Arbitration Agreement, parties should clarify:

Arbitral Institutions, and the rules which will govern the process

Venue/Seat where Arbitration will take place

Number of Arbitrators

Language in which the Arbitration will proceed

Choice of Law in which to interpret the conflict