Growing U.S. businesses require foreign markets to buy American goods or services, or to supply American and other markets with goods and services. Establishing a foreign subsidiary involves decisions on choice of entity structure, choice of jurisdiction, tax and workforce planning, intellectual property protection and development, finances and technologies.
International investment must deal with many risks and gaps, such as political, economic, currency, cultural, educational, linguistic, time and distance. Other legal systems (such as common law or Shariah law) apply to foreign local operations and transactions. Accordingly, tax treaties and bilateral investment treaties (BITs) provide critical foundations for common understanding. Reliance on foreign legal counsel is important, just as it is important to ask questions how foreign laws affect anticipated operations.
Beyond dealing with host governments, foreign investors need to navigate the risk of disputes. International arbitration may help overcome delays and uncertainties of foreign local judicial systems. The U.S. is a party to the United Nations (New York) Convention for the Recognition and Enforcement of Foreign Arbitral Awards. This convention provides important rights for enforcing international contracts.
In conjunction with foreign lawyers advising on foreign laws, we advise American businesses on U.S. legal and tax aspects of establishing and operating foreign subsidiaries and joint ventures.
© Copyright 2004-2008 Bierce & Kenerson, P.C.SM.
Attorney Advertising.
Privacy Policy | Disclaimer | Copyright Notice | Site Map