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Nysba Autumn 2008 | Vol NYSBA AUTUMN 2008 | VOL. 21 | NO. 2 International Law Practicum A publication of the International Law and Practice Section of the New York State Bar Association Practicing the Law of the World from New York COMMENTARIES: The Legal Profession and the Rule of Law .................................................................................................. 71 Anne Ramberg A New York Loan Agreement with a Brazilian Promissory Note: Can this Cross-Border Marriage Survive? ................................................................................................. 73 Susanna V. Stern and Fabrizio Sasdelli ARTICLES: Law & Language in the Global World .......................................................................................................... 76 James Hope Vietnam in a Nutshell: An Historical, Political and Commercial Overview ............................................... 82 Andrew L. Odell and Marlene F. Castillo Investing into a Listed Company in China ................................................................................................... 92 Tianpeng Wang Anti-Suit and Anti-Anti-Suit Injunctions in Multi-jurisdictional Proceedings ........................................... 96 Alexander Shaknes A Primer on Italian Commercial Agency Law .............................................................................................. 104 Marco Amorese and Casey W. Halladay An Introduction to Enforcement in Russia of Foreign Arbitral Awards, and Barriers to Entry to American Courts ................................................................................................ 109 Daniel J. Rothstein Obtaining Evidence from U.S. Courts for Use in Cross-Border Disputes ................................................... 118 Mark H. Alcott Transborder Law: Application of the European Union Data Privacy Law to Multinational Corporations ....................................................................................................................... 124 Elizabeth I. Hook, Cécile Martin, and Suzette Ivanova The Application of the Sarbanes-Oxley Whistleblower Hotline and No-Reprisal Obligations Under Swedish Law .......................................................................................... 133 Pia Nyblæus Letters to the Editor ........................................................................................................................................... 141 PRACTICUM: FORM AND POLICY The International Law Practicum is a semi-annual publication of the International Law and Practice Sec tion of the New York State Bar As so ci a tion. The Practicum welcomes the submission of articles pre- pared 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 bibliogra- phies are also wel comed. All manu scripts must be sent 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. 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 practical issues facing law yers engaged in international practice in New York. Topics such as international trade, licensing, direct investment, fi nance, taxation, and litiga- tion and dispute resolution are preferred. Public in ter na tion al topics will be considered to the extent that they involve private international transactions or are of general interest to our readership. Manuscripts are submitted at the sender’s risk, and the New York State Bar Association, International Law and Practice Section, assumes no responsibility for the return of material. Material accepted for publication becomes the property of the New York State Bar Association, International Law and Practice Section. No compensation is paid for any manuscript. The Practicum reserves the right (for space, bud- getary, or other reasons) to move an accepted 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 Law and Practice 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. 70 NYSBA International Law Practicum | Autumn 2008 | Vol. 21 | No. 2 The Legal Profession and the Rule of Law By Anne Ramberg The following is an edited version of the address Ms. Ramberg gave upon the opening of the annual Fall Meeting of the International Law and Practice Section of the New York State Bar Association, in Stockholm, Sweden, on 17 September 2008. I take great pleasure in welcoming you to Stockholm is, however, obvious that the large law fi rms are often far and this conference. We are proud Stockholm has been more advanced in the way they run their respective prac- chosen as the venue for this conference, and in the com- tices, including in regard to management, training and ing days you will be dealing with a number of important know-how development, use of information technology issues. and general effi ciency in providing legal service. Here we need to encourage the smaller fi rms to follow suit. As lawyers we are retained to serve the legitimate interest of our clients. In that context, the business of our In Europe another threat to the independent legal clients is becoming increasingly globalized, and in addi- profession results from the efforts to permit the winds of tion, the legal rules in different jurisdictions are changing market liberalization to transform the profession. In some as they become more and more harmonized. places the result has been the split up of the formerly uni- fi ed bar association into a purely regulatory body on the It is of course natural that as lawyers we are com- one hand, while the remainder of bar activities has been pelled to respond to the challenges resulting from these left to a professional interest body with no regulatory trends, and in recent times lawyers all over the world powers. To my mind this is an undesirable development: have been responding to changing conditions. An obvious I believe that a united bar organization, with both profes- feature of modern life in the law is the creation of very sional interest objectives and regulatory authority, pro- large and multi-jurisdictional law fi rms. These fi rms are vides the best vehicle to serve the interests of the public as highly specialized and possess vast resources. It is inevi- well as those of the lawyers. table that high profi tability is an essential feature for the partners in these fi rms. That is natural, and it is important The EU Commission has published reports on the for such fi rms to keep partners happy and to attract ambi- economic effect of regulation on the legal profession. So tious young lawyers to these large fi rms. has the OECD. Furthermore, the Commission has pub- lished a specifi c report on the relationship between regu- But too much focus on profi tability entails dangers. lation on the one hand and quality and price on the other One such danger is the transformation of a profession of hand in the conveyance sector of the legal market. This high-minded and independent professionals into a busi- report was strongly criticized by the CCBE because of its ness just like any other consultancy fi rm. lack of empirical standards and for evincing a lack of un- To meet that challenge to the profession, we need to derstanding of the legal profession and its core values. By stand fi rm in the preservation of the core values of the and large I share that criticism. profession. In many places in Europe a heated debate Nevertheless, these reports and others all together over the professional core values has been taking place make it clear that the legal profession as we know it to- over the last few years. In large measure that debate has day stands before a number of challenges. In particular been triggered by changing business models adopted the split between the representative and the regulatory by some business sectors. In Sweden we have recently tasks in many bar associations and law societies after
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