BENEFITS OF HIRING AN INTERNATIONAL LAWYER
The great expansion of international business, especially in recent decades, represents a challenge not only for the management of the company but also from the legal point of view, where the legal scenario also becomes international.
In these cases, it is necessary to have the advice of an international business lawyer or an international law firm.
Why can an international lawyer make a difference?
An international lawyer can make a significant difference not only in the economic results of your company, by saving future conflicts, but by the contribution of knowledge on international trade itself. This results in procuring better contracts and obtaining better benefits from the legal knowledge of both the local market and the client or partner market.
A lawyer with the knowledge and skills to perform in the international context is a fundamental element for a company that intends to operate in a global market.
Further, within this framework of international commercial relations, it is also extremely important that lawyers have a preparation that addresses the concept of social responsibility that is now required of corporations in the main markets of the world.
CSR, known as corporate social responsibility, is increasingly becoming a standard and contributes to narrowing the gap and favoring a greater balance between the economic and social dimensions.
International Commercial Litigation
In the event of a possible conflict between parties, the reason for a commercial transaction, which may involve both services and products, the company has two alternatives. The first and most advisable from every point of view is to try and reach a non-conflict resolution of the matter.
As an incentive, we can say that before there is a problem between parties, none of these parties desire conflict. This is the common point from which one can start from a commercial difference. A conflict is never desired and does not usually represent a benefit to any parties involved.
In addition to the costs involved in the judicial option, there is potential damage to the company’s image. Therefore, we insist on the benefits of an out-of-court solution whenever possible.
Our international law firm, experts in international commercial law, can advise you on the best option in the event of a possible conflict, always trying to reach the best possible scenario.
International lawyers, additional considerations:
The success of an international business relationship depends largely on the ability to understand language and cultural differences as well as a good interpretation of the legal systems that involve the company’s activities in the countries where they carry out their activities.
When a company carries out commercial activities in other countries, it is essential to have written agreements that are specific to international business.
Here are some topics to consider when conducting business outside the country, or in Florida if it is a foreign company. This list is not intended to be exhaustive, but rather to shed some light on the importance of the intervention of an international lawyer.
Reliability of the parties
Prior to signing any contract with a foreign company, it must be positively verified that this party is duly registered and authorized to conduct business within its country, as well as its fiscal situation, that is, for the government authorities. It is also advisable to have information about its structure, its parent company, and branches if any.
All this data will help to understand and eventually reveal certain areas of potential future conflict or areas that could help, strengthen or generate synergies with our services, products, or distribution. The assistance of an international law firm can be of great help in this instance, such as in the case of Markowicz International, which has associated international law firms in main cities across the world and can carry out these verification actions.
The person designated to sign the contract(s) on behalf of the foreign company must have the legal authority (power of attorney) and on the other hand, the signed contract(s) must be in compliance with the relevant regulations and formalities.
In general, international contracts provide that the parties seek to resolve all differences without the need to conclude in litigation or arbitration. The contracts must contemplate reasonable but specific periods of time so that the addresses of both companies seek to resolve those conflicts that subordinate employees could not carry out.
In the event that these differences cannot be resolved, then the parties may resort to litigation or arbitration. In general, international contracts usually require arbitration, preferably to litigation for various reasons, perhaps the most important of which is that arbitrations are confidential and do not generate public records.
CHOICE OF LAW (JURISDICTION)
The issue of jurisdiction and the laws that will govern the terms of the contract is no less complicated. When two companies enter into a contract, they usually prefer the jurisdiction itself, for reasons of familiarity with the procedures. In the event that none of the companies feel comfortable with the legal framework of the other’s country, a neutral jurisdiction may be selected to govern the contract regulations.
The list of considerations is very extensive and a single type of contract does not address all the issues of an international commercial contract. Each international contract addresses exclusive and particular issues specific to the type of activity carried out.
International Law Firm Miami
Our international law firm in Miami, Florida can assist you both in the event that your foreign company wishes to conduct business within the United States, or if your local company will conduct business abroad. We have a network of international lawyers in the main markets of the world.