Publications

Section Newsletter Articles on International Law

New regulation on security zones restrictions in Argentina By Laura Lavia Haidempergher International and Immigration Law, December 2010 Argentine law states that real estate located in security areas must belong to native Argentine citizens, on the basis of national interest.
Chinese culture and communications By Shannon M. Shepherd and Peter Y. Qiu International and Immigration Law, October 2010 When trying to cultivate relationships with any client, it is of the utmost importance to remain culturally adaptable, patient, flexible, and tolerant.
CLE on cross-cultural communication By Cindy G. Buys International and Immigration Law, October 2010 A recap of the program presented at the ISBA's Annual Meeting in June, intended to raise awareness about the need for cultural sensitivity when interviewing clients and how that will make you a more effective lawyer.
Developments in Swiss business law in the first half of 2010 By Florian S. Jörg International and Immigration Law, October 2010 A look at recent Swiss legislation affecting businesses.
ISBA E-clips International and Immigration Law, October 2010 Recent cases, culled from ISBA's E-clips service, relating to international & immigration law.
Latino cultural communications By Michelle J. Rozovics International and Immigration Law, October 2010 Lawyers who are unaware of their client’s ethnicity, or make assumptions based upon ethnic stereotypes, may experience frustrating client relationships, or may even find their attempts at doing business thwarted.
Anti-suit injunctions in the context of international commercial arbitration, Part III By Ricardo Quass Duarte Antitrust and Unfair Competition Law, September 2010 The third installment in this analysis of the different legal issues involving the granting of anti-suit injunctions in the context of international commercial arbitration.
Dispute resolution precautions in India By Sonia Baldia and Violeta I. Balan International and Immigration Law, August 2010 A few practical considerations to keep in mind when drafting contractual dispute resolution provisions involving India.
ISBA E-clips International and Immigration Law, August 2010 The ISBA's E-clips often references a case from the 7th Circuit U.S. District Court concerning immigration or Visa issues. If you're not signed up for E-clips already, you're missing out on important legal updates!
Non-Precluded Measures clauses and their effect on foreign investment By Gabriela A. Grinblat International and Immigration Law, August 2010 Many Bilateral Investment Treaties include a Non-Precluded Measures clause, meant to limit a country’s liability in certain exceptional circumstances.
U.S. charities and international philanthropy: What you need to know By Stephanie J. Bagot International and Immigration Law, August 2010 U.S. charities should carefully evaluate their policies and procedures to ensure they comply with IRS and Federal counter-terrorism regulations.
Meet the Section Council International and Immigration Law, July 2010 Get to know Council members Gwendolyn Thomas and Scott D. Pollock.
ADR and international trade conventions By Thomas D. Cavenagh Alternative Dispute Resolution, June 2010 ADR processes are desirable in international agreements as they encourage party participation, eliminate some of the rule-driven formality of litigation and focus more heavily on negotiated outcomes.
Anti-suit injunctions in the context of international commercial arbitration, Part II By Ricardo Quass Duarte Antitrust and Unfair Competition Law, June 2010 An analysis of the different legal issues involving the granting of anti-suit injunctions in the context of international commercial arbitration.
International arbitration By Kate Oscarson Alternative Dispute Resolution, June 2010 ADR updates from around the world.
Commercial arbitration in the People’s Republic of China By R. Terence Tung International and Immigration Law, May 2010 The People’s Republic of China (PRC) now conducts more arbitrations than any other country in the world.
Does §1782 allow for discovery in international arbitrations? The Renewed Debate and the Northern District’s response in In re Arbitration in London, England between Norfolk Southern Corp., Norfolk Southern Ry. Co., and General Sec. Ins. Co., and Bermuda, Lt. By Amy D. Mitchell International and Immigration Law, May 2010 The issue of whether 28 U.S.C. Section 1782 authorizes discovery in private foreign arbitrations is far from settled.
Foreign judgments enforcing arbitral awards are no longer enforceable in themselves in Germany By Mark C. Hilgard and Jan Kraayvanger International and Immigration Law, May 2010 In a landmark decision last year, the German Federal Supreme Court determined that a foreign judgment confirming an arbitral award can no longer be recognized in Germany.
International happenings By Kate Oscarson Alternative Dispute Resolution, May 2010 ADR developments around the world.
Significance of Italian court’s “extraordinary rendition” convictions By Elizabeth Lazicki International and Immigration Law, May 2010 “Extraordinary rendition” is a controversial practice which “involves the snatching of suspects and their forcible transfer for interrogation to third countries—often those states where torture is routinely employed.”
Ten hallmarks of effective international arbitration agreements By William H. Knull International and Immigration Law, May 2010 A list of the ten most important characteristics of an enforceable, functional dispute resolution clause.
U.S. charities and international philanthropy: What you need to know By Stephanie J. Bagot Corporate Law Departments, May 2010 U.S. charities should carefully evaluate their policies and procedures to ensure they comply with IRS and Federal counter-terrorism regulations.
International arbitration news By Kate Oscarson Alternative Dispute Resolution, April 2010 ADR updates from around the world.
Meet the Section Council International and Immigration Law, March 2010 Get to know Patrick M. Kinnally and Cristen Meadows, two more members of the International & Immigration Law Section Council.
Summary of comments by Ms. Ioana Navarrete, Consul for the Protection Department, Mexican Consulate By Cindy G. Buys and Anne M. Skallerup International and Immigration Law, March 2010 Ioana Navarette served as a guest speaker at the ISBA's Midyear Meeting in December. Click to read a synopsis of her views.
Arbitrability of shareholders’ disputes under German Law By Jan Kraayvanger and Mark C. Hilgard International and Immigration Law, February 2010 It has been a matter of dispute for a long time whether and under which preconditions disputes regarding the validity of shareholders’ resolutions of a German limited liability company (GmbH) are arbitrable.
Does §1782 allow for discovery in international arbitrations? The renewed debate and the Northern District’s response in In re Arbitration in London, England between Norfolk Southern Corp., Norfolk Southern Ry. Co., and General Sec. Ins. Co., and Bermuda, Lt. By Amy D. Mitchell Alternative Dispute Resolution, February 2010 With the steady increase in transnational business activity, international arbitration is becoming the method of choice for resolving cross-border disputes. For that reason, the question of whether private international arbitral panels are “foreign or international tribunals” within the scope of Section 1782 is more significant than ever. The answer to this question could change the nature of international arbitration.
The International Criminal Court and other forms of international justice By David W. Aubrey International and Immigration Law, February 2010 The field of international criminal law faces a remarkable conundrum. On one hand, international criminal law prosecutes barbaric crimes, such as genocide, slavery, torture, apartheid, and racism. Yet on the other hand, the “criminals” who inflict these crimes are difficult to bring to justice because they are often officials of sovereign governments. Though this tension creates practical hindrances, there has been measurable progress to empower international mechanisms to hold perpetrators accountable for their crimes.
Meet the Section Council International and Immigration Law, February 2010 The members of the International and Immigration Law Section Council bring to the ISBA and the Council a wide range of expertise and interests. Click to read an introduction to Section Council members Violeta Balan and Juanmanuel Garcia-Sanchez.
Pro bono attorneys needed International and Immigration Law, February 2010 The National Immigrant Justice Center periodically publishes a list of cases for which pro bono attorneys are needed to represent asylum seekers and other immigrants in need of protection.