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Nysba Spring 2011 | Vol NYSBA SPRING 2011 | VOL. 24 | NO. 1 International Law Practicum A publication of the International Section of the New York State Bar Association Practicing the Law of the World from New York Transcript: You Have a Problem Where?—Selecting and Managing International Counsel ................... 3 Recent Decisions of the Supreme Commercial Court of the Russian Federation Regarding International Arbitration ........................................................................................................................... 36 Ekaterina Butler PERSPECTIVES ON DOING BUSINESS ABROAD: Doing Business in Spain, Including Selecting and Managing International Counsel ............................... 38 Clifford J. Hendel Doing Business in India ................................................................................................................................. 43 Kaviraj Singh Observations on Doing Business in China ................................................................................................... 49 John Du PERSPECTIVES ON TAKEOVER LAWS: Public Takeovers and Mergers in Hong Kong.............................................................................................. 54 David Friedlander and Hayden Flinn Public Tender Offers in Sweden .................................................................................................................... 57 Carl-Olof Bouveng and Anna Lindstedt Coates Takeover Bids in the United Kingdom ......................................................................................................... 60 Mark Cardale Public Takeovers and Mergers in Australia .................................................................................................. 67 Guy Alexander Public Tender Offers in China ........................................................................................................................ 72 Jing Gang Takeover Law in India .................................................................................................................................... 74 Abhijit Joshi PRACTICUM: FORM AND POLICY The International Law Practicum is a semi-annual publication of the International Section of the New York State Bar As so ci a tion. The Practicum welcomes the submission of articles prepared by practicing attorneys. The length of an article, as a general rule, should not exceed 3,500 words, footnotes in clud ed. Shorter pieces, notes, reports on current or regional developments, and bibliographies are also wel- comed. All manu scripts must be sent either (i) in laser printed triplicate accompanied by a 3½" disk formated in Microsoft Word or WordPerfect to: The Practicum, c/o Daniel J. McMahon, Esq., New York State Bar Association, One Elk Street, Al ba ny, N.Y. 12207-1096; or (ii) by e-mail in Microsoft Word or Wordperfect format to either the Editor-in-Chief ([email protected]) or the Executive Editor ([email protected]). Both text and endnotes must be double-spaced. Endnotes must appear at the end of the manuscript and should conform to A Uniform System of Citation (the Harvard Bluebook). Authors are responsible for the correctness of all citations and quotations. Manuscripts that have been accepted or published elsewhere will not be considered. The Practicum is primarily interested in practi- cal issues facing law yers engaged in international practice in New York. Topics such as international trade, licensing, direct investment, fi nance, taxation, and litigation and dispute resolution are preferred. Public in ter na tion al topics will be considered to the extent that they involve private international trans- actions or are of general interest to our readership. Manuscripts are submitted at the sender’s risk, and the New York State Bar Association, International Section, assumes no responsibility for the return of material. Material accepted for publication becomes the property of the New York State Bar Association, International Section. No compensation is paid for any manuscript. The Practicum reserves the right (for space, budgetary, or other reasons) to move an ac- cepted manuscript from an earlier issue to a later issue. Articles, reports and other materials refl ect the views of the authors or com mit tees that prepared them and do not necessarily represent the position of the New York State Bar Association, International Section, or the Editorial Board of the Practicum. Deadlines Manuscripts intended for publication in the Spring and Autumn issues must be received by the Editor-in-Chief by the preceding 1 December and 1 June, respectively. Reprints Each author will receive three complimentary copies of the Practicum issue in which the author’s material is published. Additional copies may be ordered at cost before an issue goes to press by commu- nicating with Daniel J. McMahon, Esq., at the New York State Bar Association, One Elk Street, Albany, N.Y. 12207-1096 (telephone (518) 487-5582). Back Issues and Advertising Requests for back issues, advertising and subscription information and general correspondence should be sent to the Newsletter Dept., New York State Bar Association, One Elk Street, Albany, N.Y. 12207-1096. Back issues (2000 to present) of the International Law Practicum are available, in pdf format, online to Section members on the New York State Bar Association’s Web site at www.nysba.org/IntlPracticum. A searchable index is also available. INNTERNATIONALTERNATIONAL SEECTIONCTION Viisitsit uuss oonn tthehe WWebeb aatt wwww.nysba.org/Intlww.nysba.org/Intl 2 NYSBA International Law Practicum | Spring 2011 | Vol. 24 | No. 1 You Have a Problem Where? —Selecting and Managing International Counsel [Editor’s Note: The following is an edited transcript of the panel discussions which took place on 26 January 2011 as part of the activities of the International Section of the New York State Bar Association (NYSBA) during the annual meeting of the NYSBA at the New York Hilton in New York City.] I. Introductory Remarks GERALD FERGUSON: We thank Timo for the hard CARL-OLOF BOUVENG: Good morning everybody. work, and we thank me for getting here. It was a little Ladies and gentlemen, I’m glad to see you all here touch and go fl ying in last night, but it all worked out. this morning at the opening of the program to the Let me talk a little bit about the way it’s going to International Section at the Annual Meeting. As the Chair work today. This is not going to be people standing of the International Section, I would like to welcome you up and giving speeches to you. This is going to be a here to this program featuring our Chapter Chairs. discussion about the practical aspects of identifying, This morning we are really featuring some of the retaining and working effectively with foreign counsel jewels of the Section from our chapters overseas. We have in jurisdictions around the world. What I’ve got, and the close to seventy chapters all around the globe, and we panel is prepared to discuss, is a series of questions that have found a unique network which we use to organize we have outlined that are the sort of questions that would our activities, whether it’s here in New York, as today, occur to you if you have a legal problem in another or whether it is when we go abroad for our seasonal jurisdiction, and either you are asked by your client or meetings in Europe, Asia or elsewhere. This network is you’re in-house in a company and you need to identify always available to all members of the Section and can be counsel outside the United States. used in daily business through a directory, which is easily Carl-Olof referred to the chapters as the jewels of available right on the web. Here in New York we also our section, and I can’t agree with that enough. To me, have committees covering all areas of substantive law, one of the most exciting aspects of being a part of this which work closely with both our chapters and all our section is the ability and opportunity it has given me to members in New York. interact with lawyers from around the world who have Let me also mention a new program which we are experience with, commitment to, and interest in New putting on this year. It is a Global Law Week, which is York law. Those are the people that we are going to be going to be held in May, May 10 to 13th. It’s kicked off on highlighting in this part of the presentation today. Tuesday with a program entitled “The Fundamentals in I also want to emphasize the value of questions. I International Law.” We have very successfully held it for suspect many of you are here because there’s a particular two years already, and it is now going to be held for the issue or question that has occurred to you. This format third year. We have expanded that program into a Global uniquely suits itself to your being able to ask your Law Week, which will include a number of seminars questions. If at any point during this presentation you’ve throughout the week, which will be independent of each got a follow-up question or something you hear sparks other, sort of a smorgasbord of events during that week. some interest in you, please raise your hand. We have So please note that in your calendars, May 10th to 13th, got our list of questions, but our real list of questions are here in New York. the questions that you have, and we can only know what We also have our sister meeting every year in the those are if you tell us what they are. So if at any moment fall. This year it will be in Panama in September and the you have a question, don’t worry about
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