Friday, June 29, 2012
INTERNATIONAL TRADE: U.S. PROMOTES TRADE RELATIONSHIP, ECONOMIC GROWTH ...
INTERNATIONAL TRADE: U.S. PROMOTES TRADE RELATIONSHIP, ECONOMIC GROWTH ...: Posted By ATTORNEY NORKA M. SCHELL LAW OFFICES OF NORKA M. SCHELL 11 BROADWAY, SUITE 615 NEW YORK, NY 10004 PH. (212) 564-1589 FOR I...
U.S. PROMOTES TRADE RELATIONSHIP, ECONOMIC GROWTH AND JOB CREATION IN TURKEY
Posted By ATTORNEY NORKA M. SCHELL
LAW OFFICES OF NORKA M. SCHELL
11 BROADWAY, SUITE 615 NEW YORK, NY 10004
PH. (212) 564-1589
FOR IMMEDIATE RELEASE
Acting U.S. Commerce Secretary Rebecca Blank wrapped up her visit to Turkey on Wednesday, June 27, 2012, after co-chairing the second meeting of the U.S.-Turkey Framework for Strategic Economic and Commercial Cooperation (FSECC) with U.S. Trade Representative Ron Kirk in Ankara yesterday. The Turkish delegation was led by Deputy Prime Minister Ali Babacan and Minister of the Economy Zafer Caglayan. The FSECC was created following the first meeting between President Obama and Turkish President Gul in April 2009. The two leaders tasked the U.S. and Turkish governments to create a framework to help substantially increase the trade and investment flows between both countries to help strengthen the economic dimension of our partnership.
The meeting focused on opportunities for increased bilateral trade and investment relations to create jobs in both countries, and the ministers agreed on several concrete steps to advance the U.S-Turkish commercial relationship. The Acting Secretary promoted increased Foreign Direct Investment, including calling for greater Turkish FDI to the U.S., highlighting Commerce’s SelectUSA initiative. The four principals made a joint statement after the meeting.
During the meeting, Acting Secretary Blank announced that the Commerce Department's International Trade Administration will lead an Aerospace and Defense Industry Trade Mission to Turkey in December 2012. She also applauded the work that has been done so far to increase bilateral trade between the U.S. and Turkey. She emphasized the work that must be done to continue to advance the U.S.-Turkey trade relationship, such as overcoming market access barriers, furthering cooperation on intellectual property rights, and enabling businesses to take advantage of opportunities in key sectors such as renewable energy, financial services, and infrastructure.
Acting Secretary Blank spoke about the commitments made by both sides that will lead to an even stronger partnership between the U.S. and Turkey – and even greater prosperity for people of both countries. These commitments include holding a World Bank Ease of Doing Business Symposium, as well as a Symposium on Infrastructure Cooperation. She also made a strong push for both governments to listen to the advice and recommendations of the U.S.-Turkey Business Council. She highlighted the commitment of the U.S. to ensuring that these efforts remain on track, in addition to future efforts to bring new ideas to the forefront in strengthening the commercial relationship between the two countries. Also at FSECC, Leocadia I. Zak, Director of the U.S. Trade and Development Agency (USTDA), part of the U.S. delegation and participating in the energy and transportation sessions at the FSECC, announced that USTDA will host a smart grid workshop in Turkey this winter that will connect U.S. technology providers to the public and private sectors in Turkey.
In addition to co-chairing the FSECC, Blank participated in the grand opening of the American Business Center in Ankara, which will house the new offices of the Foreign Commercial Service in Ankara. She noted that the Center, which is located in the same building as the Ankara Chamber of Industry, will help strengthen the bonds between private industries in both countries. At both FSECC and throughout the day, Blank advocated for U.S. companies that are seeking to do business with Turkey, stressing the high quality and competitive advantages that U.S. companies offer.
As the world’s fastest growing economy during the first quarter of 2011, Turkey represents a market with great potential. Turkey has been designated as a priority market under President Obama’s National Export Initiative and has, as a result, been the focus of sustained International Trade Administration and U.S. Government efforts, including targeted trade promotion. U.S.-Turkish trade grew by 34 percent last year, reaching a record high of almost $20 billion. Furthermore, U.S. exports to Turkey rose 38 percent, totaling $14.6 billion and making Turkey one of the top 25 U.S. export markets.
For more information about our services, please visit our website at www.lawschell.com
LAW OFFICES OF NORKA M. SCHELL
11 BROADWAY, SUITE 615 NEW YORK, NY 10004
PH. (212) 564-1589
FOR IMMEDIATE RELEASE
Acting U.S. Commerce Secretary Rebecca Blank wrapped up her visit to Turkey on Wednesday, June 27, 2012, after co-chairing the second meeting of the U.S.-Turkey Framework for Strategic Economic and Commercial Cooperation (FSECC) with U.S. Trade Representative Ron Kirk in Ankara yesterday. The Turkish delegation was led by Deputy Prime Minister Ali Babacan and Minister of the Economy Zafer Caglayan. The FSECC was created following the first meeting between President Obama and Turkish President Gul in April 2009. The two leaders tasked the U.S. and Turkish governments to create a framework to help substantially increase the trade and investment flows between both countries to help strengthen the economic dimension of our partnership.
The meeting focused on opportunities for increased bilateral trade and investment relations to create jobs in both countries, and the ministers agreed on several concrete steps to advance the U.S-Turkish commercial relationship. The Acting Secretary promoted increased Foreign Direct Investment, including calling for greater Turkish FDI to the U.S., highlighting Commerce’s SelectUSA initiative. The four principals made a joint statement after the meeting.
During the meeting, Acting Secretary Blank announced that the Commerce Department's International Trade Administration will lead an Aerospace and Defense Industry Trade Mission to Turkey in December 2012. She also applauded the work that has been done so far to increase bilateral trade between the U.S. and Turkey. She emphasized the work that must be done to continue to advance the U.S.-Turkey trade relationship, such as overcoming market access barriers, furthering cooperation on intellectual property rights, and enabling businesses to take advantage of opportunities in key sectors such as renewable energy, financial services, and infrastructure.
Acting Secretary Blank spoke about the commitments made by both sides that will lead to an even stronger partnership between the U.S. and Turkey – and even greater prosperity for people of both countries. These commitments include holding a World Bank Ease of Doing Business Symposium, as well as a Symposium on Infrastructure Cooperation. She also made a strong push for both governments to listen to the advice and recommendations of the U.S.-Turkey Business Council. She highlighted the commitment of the U.S. to ensuring that these efforts remain on track, in addition to future efforts to bring new ideas to the forefront in strengthening the commercial relationship between the two countries. Also at FSECC, Leocadia I. Zak, Director of the U.S. Trade and Development Agency (USTDA), part of the U.S. delegation and participating in the energy and transportation sessions at the FSECC, announced that USTDA will host a smart grid workshop in Turkey this winter that will connect U.S. technology providers to the public and private sectors in Turkey.
In addition to co-chairing the FSECC, Blank participated in the grand opening of the American Business Center in Ankara, which will house the new offices of the Foreign Commercial Service in Ankara. She noted that the Center, which is located in the same building as the Ankara Chamber of Industry, will help strengthen the bonds between private industries in both countries. At both FSECC and throughout the day, Blank advocated for U.S. companies that are seeking to do business with Turkey, stressing the high quality and competitive advantages that U.S. companies offer.
As the world’s fastest growing economy during the first quarter of 2011, Turkey represents a market with great potential. Turkey has been designated as a priority market under President Obama’s National Export Initiative and has, as a result, been the focus of sustained International Trade Administration and U.S. Government efforts, including targeted trade promotion. U.S.-Turkish trade grew by 34 percent last year, reaching a record high of almost $20 billion. Furthermore, U.S. exports to Turkey rose 38 percent, totaling $14.6 billion and making Turkey one of the top 25 U.S. export markets.
For more information about our services, please visit our website at www.lawschell.com
Friday, May 11, 2012
HOW TO AVOID DISPUTES IN CONTRACT
Everyone concedes that the best time to think about possible disputes is when the contract is being negotiated and drafted. The best contract drafters anticipate possible impediments to performance and try to write contract provisions that permit the contract, when appropriate, to flex with changes in circumstances. While flexing may not necessarily be suitable for each and every contract (some parties require an extremely rigid contract), it is often possible to draft clauses that permit a little "give" in the agreement; thus avoiding an outright breach simply because something has occurred that the parties did not contemplate at the drafting stage. This concept, often referred to as contract adaptation, may appear in the express provisions of the contract or may be provided through certain gap-filling measures found in the underlying law of the contract.
Sunday, April 8, 2012
INTERNATIONAL TRADE: HAGUE SERVICE CONVENTION
INTERNATIONAL TRADE: HAGUE SERVICE CONVENTION: Posted by Norka M. Schell, Esq. Law Offices of Norka M. Schell The Hague Service Convention applies in all civil and commercial cases in ...
HAGUE SERVICE CONVENTION
Posted by Norka M. Schell, Esq.
Law Offices of Norka M. Schell
The Hague Service Convention applies in all civil and commercial cases in which there is a need to transmit judicial or extrajudicial documents for service abroad where two signatory countries are involved.
The purpose of the Hague Service Convention is to:
Before the enactment of the Hague Service Convention, service was generally made by use of "letter rogatory." A letter rogatory is a formal request from a court in the country where the proceedings are underway to a court in the country where the party on whom service is desired is a resident.
In order to use this method, the court in which proceedings are underway transmits the document to be serviced to its own country's Ministry of Foreign Affair which forwards the request to its counterpart in the country of destination. The latter then transmits the document to its local court, which arranges for the party to be served. Once completed, a certificate of service is send back using the same process in reverse.
Letters rogatory are still used in cases where the country of destination has not ratified the Hague Service Convention.
Under the Hague Convention, each signatory country designates a "Central Authority" to accept incoming requests for service.
A "Judicial Officer" who is authorized to serve process in the county of origin may send the request for service directly to the "Central Authority" of the country in which service is to be made. In the United States, any attorney admitted to the bar is a "Judicial Officer."
Once the request is received, barring any objections, the receiving state's Central Authority" arranges for service to be made, generally in accordance with that country's laws.
Once service has been effected, the "Central Authority" transmits back to the original "Judicial Officer" a certificate that is evidence of proper service.
The use of the letters rogatory can take from 6 to 12 months.
The use of the Hague Service Convention generally take 2-4 months.
If you need legal assistance to serve a party abroad, contact us at www.lawschell.com.
The purpose of the Hague Service Convention is to:
- Create appropriate means by which judicial and extrajudicial documents served abroad shall be served on an addressee in sufficient time;
- Improve international mutual judicial assistance by simplifying and expediting the process for service abroad.
Before the enactment of the Hague Service Convention, service was generally made by use of "letter rogatory." A letter rogatory is a formal request from a court in the country where the proceedings are underway to a court in the country where the party on whom service is desired is a resident.
In order to use this method, the court in which proceedings are underway transmits the document to be serviced to its own country's Ministry of Foreign Affair which forwards the request to its counterpart in the country of destination. The latter then transmits the document to its local court, which arranges for the party to be served. Once completed, a certificate of service is send back using the same process in reverse.
Letters rogatory are still used in cases where the country of destination has not ratified the Hague Service Convention.
Under the Hague Convention, each signatory country designates a "Central Authority" to accept incoming requests for service.
A "Judicial Officer" who is authorized to serve process in the county of origin may send the request for service directly to the "Central Authority" of the country in which service is to be made. In the United States, any attorney admitted to the bar is a "Judicial Officer."
Once the request is received, barring any objections, the receiving state's Central Authority" arranges for service to be made, generally in accordance with that country's laws.
Once service has been effected, the "Central Authority" transmits back to the original "Judicial Officer" a certificate that is evidence of proper service.
The use of the letters rogatory can take from 6 to 12 months.
The use of the Hague Service Convention generally take 2-4 months.
If you need legal assistance to serve a party abroad, contact us at www.lawschell.com.
Friday, January 20, 2012
INTERNATIONAL TRADE: PERSONAL JURISDICTION
INTERNATIONAL TRADE: PERSONAL JURISDICTION: January 20, 2012 Posted by Norka M. Schell, Esq. APPEAL FROM U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO,, CLEVELAND Richard...
PERSONAL JURISDICTION
January 20, 2012
Posted by Norka M. Schell, Esq.
APPEAL FROM U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO,, CLEVELAND
Richard A. Conn, Jr. v. Vladimir Zakaharov
OPINION - Alice M. Butchelder, Chief Judge
An old Russian proverb states, "If you're afraid of wolves, don't go into the forest."
For the Appellant Richard A. Conn the proverb might well read, "If you're afraid of the Russian legal system, don't do business in Russia."
Conn brought an action against Appellee Vladimir Zakharov for breach of contract, a contract that Conn moved to Russia to perform. Conn chose the Northern District of Ohio as the forum for the suit because Zakaharov owns property there and because Conn believed he would not prevail in a Russian court of law. The district court ruled that it did not have personal jurisdiction under Ohio law and dismissed the case.
The Untied States Court of Appeals for the 6th Circuit affirm the decision because under the facts of this case both Ohio law and Due Process Clause proscribes the district court from finding general personal jurisdiction over Zakharov.
A federal court sitting in diversity may not exercise jurisdiction over a defendant unless courts of the forum state would be authorized to do so by state law - and any such jurisdiction must be compatible with the due process requirements of the United States Constitution. "Int'l Techs. Consultants v. Euroglas S.A. 107 F. 3d 386, 391 (6th Cir. 1997).
Deciding whether jurisdiction exists is not an idle or perfunctory inquiry, due process demands that parties have sufficient contacts with the forum state so that it is fair to subject them to jurisdiction. See Burgen King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985). The Due Process Clause gives a degree of predictability to the legal system that allows potential defendants to structure minimum assurance as to where that conduct will and will not render them liable to suits. The court's jurisdiction accordingly extends only to those parties who have in some fashion placed themselves in the hands of the tribunal. See, e.g. Kerry Steel, Inc. Paragan Indus. Inc. 106 F3d. 147, 150 (6th Cir. 1997). (To be subject to in person jurisdiction...a defendant must purposefully avail [ ] itself to the privilege of conducting activities within the forum States, this invoking the benefits and protections of its law."
Posted by Norka M. Schell, Esq.
APPEAL FROM U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO,, CLEVELAND
Richard A. Conn, Jr. v. Vladimir Zakaharov
OPINION - Alice M. Butchelder, Chief Judge
An old Russian proverb states, "If you're afraid of wolves, don't go into the forest."
For the Appellant Richard A. Conn the proverb might well read, "If you're afraid of the Russian legal system, don't do business in Russia."
Conn brought an action against Appellee Vladimir Zakharov for breach of contract, a contract that Conn moved to Russia to perform. Conn chose the Northern District of Ohio as the forum for the suit because Zakaharov owns property there and because Conn believed he would not prevail in a Russian court of law. The district court ruled that it did not have personal jurisdiction under Ohio law and dismissed the case.
The Untied States Court of Appeals for the 6th Circuit affirm the decision because under the facts of this case both Ohio law and Due Process Clause proscribes the district court from finding general personal jurisdiction over Zakharov.
A federal court sitting in diversity may not exercise jurisdiction over a defendant unless courts of the forum state would be authorized to do so by state law - and any such jurisdiction must be compatible with the due process requirements of the United States Constitution. "Int'l Techs. Consultants v. Euroglas S.A. 107 F. 3d 386, 391 (6th Cir. 1997).
Deciding whether jurisdiction exists is not an idle or perfunctory inquiry, due process demands that parties have sufficient contacts with the forum state so that it is fair to subject them to jurisdiction. See Burgen King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985). The Due Process Clause gives a degree of predictability to the legal system that allows potential defendants to structure minimum assurance as to where that conduct will and will not render them liable to suits. The court's jurisdiction accordingly extends only to those parties who have in some fashion placed themselves in the hands of the tribunal. See, e.g. Kerry Steel, Inc. Paragan Indus. Inc. 106 F3d. 147, 150 (6th Cir. 1997). (To be subject to in person jurisdiction...a defendant must purposefully avail [ ] itself to the privilege of conducting activities within the forum States, this invoking the benefits and protections of its law."
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