The French Rothschild Case: A Threat for Unilateral Dispute Resolution Clauses?

The French Cour de Cassation invalidated a jurisdictional clause in the Rothschield case on the grounds that one of the contracting parties has the power to bring about or prevent the jurisdiction and therefore such clauses are void for lack of mutuality of obligation.This article published by Kluwer (by Maxi Scherer, Wilmer Cutler Pickering Hale and Dorr) explains the details of the case and why this is a concern since it was done in an important jurisdiction:
http://kluwerarbitrationblog.com/blog/2013/07/18/the-french-rothschild-case-a-threat-for-unilateral-dispute-resolution-clauses/

M&A Due Diligence In Latin America

M&A Due Diligence In Latin America, Matt Atkins, July 2013, Financial Times
The rapid growth of Latin American markets presents firms and investors with attractive business opportunities. But while M&A opportunities are plentiful, so too are the countries in the region viewed as ‘corruption prone’. Read more at: http://www.financierworldwide.com/article.php?id=10798                                       

The Accelerated Growth Program for Small and Medium Sized Business

Competitiveness is the ability to innovate your business. Private investments in Brazil make up 18.5% of GDP in the years 2011 and 2012. According to FIESP (the largest commercial association in Brazil) India and China invest 2 to 3 times more than this in their countries. Realizing this deficit, the Brazilian commercial community is proposing to add incentives for Brazilian Companies to become more competitive. This platform of incentives is called The Accelerated Growth Program for Small and Medium Sized Businesses  ("PAC-PME"). It is being developed on a pro-bono basis and it has been up and running since July 2012 by a supporting group consisting now of 153 entities.  See  Rodolfo Zabisky article:
http://www.pacpme.com.br/pacpme/web/conteudo_pti.asp?idioma=0&tipo=44348&conta=45&id=178439

10 Questions: New York as a Leading Arbitration Center

New York as a seat for international arbitration? Yes, of course! New York is one of the preferred centers for arbitration for its local infrastructure, impartial courts, pro-enforcement policy of arbitration awards and much more. Edna Sussman, Independent Arbitrator and Mediator, interviewed by "FW" explains that a new facility (New York International Arbitration Center) in New York City is available for arbitration and mediation and is at the disposal of lawyers, parties and neutrals. She stresses that are no restrictions on nationality or qualifications of those who will serve as an arbitrator, mediator or counsel in an international arbitration. Learn all about it by going to  http://www.financierworldwide.com/article.php?id=10877

Mediation Pros & Cons

Here is a very interesting article about the pros & cons of mediation with all the basic details of the process. Written by Prof. Kim Lovegrove FAIB partner Lovegrove Solicitors & Conjoint Professor University of New Castle. Should mediation be done at very beginning of the conflict? What are the commercial impacts?  When can a mediator be sued? These and other questions can be answered at:
http://www.jdsupra.com/legalnews/mediation-pros-and-cons-is-mediation-36573/

Innovation in the business of Law

Being different, an innovator thinking outside of the box is not for everybody. Lawyers and law firms are known to be very traditional. However, some professionals imagined ways to be different from others and they have dramatically changed their lives and law firms. You will love to read "Re-engineering the law firm", The American Lawyer's Top 50 Innovators, "Outside, Looking In", all from "The American Lawyer":
www.americanlawyer.com

Mediation Settlement Day ("MSD")

The New York City Bar will be celebrating the Mediation Settlement Day ("MSD") at a free kick-off event on Tuesday, October 8, 2013, from 5:45 to 7:00 pm at the New York City Bar (42 West 44th Street, New York, NY).  This year's Honorary Chairperson is Kenneth R. Feinberg. Kenneth R. Feinberg has been key to resolving many of our nation's most challenging and widely known disputes. 

Labor Laws in Brazil can be very complicated

The  protective employment  labor laws in Brazil can make business very complicated. Employment and labor laws can be found in many sources: The Federal Constitution; the CLT, the Brazilian Labor Act, a monster with a 1000 articles; The Collective Bargaining Agreement among Unions; Employment Contracts; and Sumulas, a rule from repetitive cases ("stare decisis"). The applicable law is where the workers are based and performed the activities, even if they are abroad and Court interpretation will be always what is mostly advantageous for the employee, even if he agreed differently in a contract.