In the international legal negotiations, culture plays an important role in preparing for negotiations as well as during them. It influences a negotiator’s style, the negotiations process and its outcome. When we talk about culture in legal negotiation, in reality, we are talking about three cultures: the overall corporate culture, the professional culture and the […]Read More
The protection of trade secrets lies not only in how many or which measures are adopted by companies to protect their secrets from being easily disclosed or used. It also lies in how to manage employees well, so they do not disclose trade secrets. In a way, the latter is more important, because the confidentiality […]Read More
Arb-Med-Arb could benefit cases where the parties have a mutual interest in preserving a longer-term continuing relationship. Peter Pettibone introduces this innovative technique.Read More
Introduction Trade secrets protection clauses are often embedded in distribution contracts over the sale of technical parts for the manufacturing industry. Such clauses ought to be carefully designed when products and materials will be exported to a foreign country. Alongside the issue of protecting a company’s own confidential business information, the large scale distribution of […]Read More
When contracting with Chinese parties it is crucial to select and draft jurisdiction and dispute resolution clauses carefully. This will dramatically increase the chances of a spontaneous performance of a judgement or award and smooth enforcement, in case the counterparty does not obey. To this regard, PRC laws offer the contracting parties the right to […]Read More
When we approach a negotiation, we bring with us our culture (or cultures), that is, our “common sense”. But the other parties might not share the same “common sense” and this can lead to gaffes or clashes.Read More
Are preliminary injunctions making China safer for trade secrets?Read More
Even when parties in international negotiations agree on using a common language particular word may mean different things to different people. Giacomo Paro and Jessica Scott Banfield draw on their experience in Brazilian law to crack this ARD dilemma.Read More
The EU may have frozen its ratification of its Comprehensive Agreement on Investment with China. But what would it actually mean for German business where it to be implemented in the future and what are investors missing out on? Heman Knott analyses the CAI that has been put on hold.Read More
Attorneys play a key role to obtain the best possible result from cross-border negotiations by balancing the different perspectives involved, while protecting the interests and assets of their clients. A key virtue that they must bring to all negotiations, which is often overlooked, is empathy. Far too often negotiations are approached as a hard-nosed, winner-take-all […]Read More
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