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NYSBA SUMMER 2011 | VOL. 16 | NO. 1 New York International Chapter News A publication of the International Section of the New York State Bar Association Message from the Chair As I sit in New York in early rapid transit in places like Bogota, Mexico City, Jakarta, March writing this message, the Sao Paolo and Beijing to reduce commuting time, costs news is fi lled with reports of and pollution while providing businesses with access to a violence and turmoil in Libya and broader labor pool. protests in Bahrain following the All of these stories highlight the interconnectedness of fall of governments in both Tuni- our world and demonstrate the importance of the connec- sia and Egypt. One result of the tions formed through NYSBA International to shrink the uncertainty associated with this planet further and enable us, as lawyers, to help our cli- turmoil is the rapid increase in oil ents navigate international regulatory and cultural shoals prices, which threatens the fragile so that they can thrive in the global economy. economic recovery. Andre R. Jaglom It will be my honor to assume the position of Chair The recent earthquake in New Zealand has caused of the International Section on June 1 and attempt to fol- billions of dollars in damages less than six months after low in the footsteps of the leaders who have brought the NYSBA International held our successful Sydney Seasonal Section to its current position of success since its found- Meeting in the region. ing nearly 25 years ago. I am particularly grateful to our And today’s New York Times reports on the lessons current Chair, Carl-Olof Bouveng, who graciously agreed U.S. cities are learning from the implementation of bus to take offi ce unexpectedly, months earlier than planned. Inside Message from the Past Chair ..................................................................................3 WTO Dispute Settlement: United States—Definitive Anti-dumping A Word from the Editor ..........................................................................................4 and Countervailing Duties on Certain Products from China ...................48 Spotlight on the New York Convention on the Recognition and Legal and Investment Updates Enforcement of Foreign Arbitral Awards Family Obligations: The New Frontier of Accommodation Introduction ..............................................................................................................5 Obligations in Canada .........................................................................................51 Country Updates ....................................................................................................5 FIBRAS, the Mexican REITS ..............................................................................52 Special Updates The Italian Doctrine of “Contratto Di Rete” or “Network Agreement”: Interesting Practical Implications .....................................................................54 Update from Algeria ............................................................................................39 Recent Changes in the Swedish Companies Act (2005:551) ......................55 Update from NYSBA Bahrain (GCC) Chapter .............................................39 Freezing Injunctions and Cross-Border Disputes: Perspectives Background on the Jasmine Revolution in Tunisia ......................................40 from England and the British Virgin Islands .................................................56 Of International Interest Chapter News International Projects, Political Risk and Invesment Treaty Shopping ...42 Brazil ........................................................................................................................62 The Convention on the Use of Electronic Communications in Book Reviews ..........................................................................................................63 International Contracts: Seeking Clarity and Uniformity in International Electronic Commerce .................................................................43 Member News .........................................................................................................64 UN Commission on Social Development: Poverty Eradication ..............46 Carl-Olof has maintained the momentum of the Section Our Committees could be more effective with the while creating a broader participation of the Section lead- participation of members from each of our Chapters ership in all aspects of our work, thus providing a strong bringing to bear their knowledge of the Committee’s sub- base of experience for our current Executive Vice-Chair stantive legal area as applied in their own country. And and soon-to-be Chair-Elect Andrew Otis, our current Sec- our Chapters would benefi t from the substantive legal retary and soon-to-be Executive Vice Chair, Glenn Fox, as expertise of our Committees when planning local events well as for me. I greatly look forward to continuing that in an area covered by one or more Committees or when approach and to working with Carl-Olof as Immediate seeking international resources in a particular substantive Past Chair, Andrew, Glenn and newly elected offi cers fi eld. By working together, our Chapters and Committees Secretary Neil Quartaro and First-Vice Chair Thomas can, I believe, better foster the three missions of our Sec- Pieper, as well as long-time Treasurer Larry Shoenthal. tion established under the leadership of Immediate Past We are all lucky to have the continued guidance of our Chair Michael Galligan: (1) Custodian of New York Law rock of stability and experience, NYSBA Staff Liaison as an International Standard; (2) Guardian of the New Linda Castilla for one last year before she moves on to a York Convention on the Enforcement and Recognition of well-deserved retirement. Arbitral Awards and the international arbitration process; and (3) Monitor of International Law Development in the Our Section operates largely through two extraordi- United Nations System. nary sets of groups, our Chapters and our Committees. Our Chapters form a remarkable network of superb It is my hope, during my term as Section Chair, to lawyers around the globe—a truly incredible resource, as foster a closer collaboration between our Chapters and those of us who have sought counsel in far-fl ung corners our Committees, thereby strengthening both. There will of the world know well. The Chapters have presented be many opportunities to accomplish this through Sec- many remarkable programs in their countries and re- tion activities such as the Global Law Week in New York gions, as well as at our most recent Annual Meeting in May 10-13, 2011, happening just before I take offi ce, at New York, on a variety of important legal topics, and our annual Seasonal Meeting in Panama September 21-24, have helped bring together international practitioners 2011 and at the many events being planned by Chapters from their nations and from New York. and Committees for the coming year.I very much look forward to working with all of you more closely during Our Committees cover a myriad of substantive areas my term as Chair to continue our Section’s success and of the law and have issued valuable reports on legal de- expand our ever-growing activities. velopments, conducted CLE programs and offered an op- portunity for lawyers to meet with and learn from other Andre R. Jaglom international lawyers in their substantive areas. Tannenbaum Helpern Syracuse & Hirschtritt LLP What has happened less than it might, however, New York, NY is the integration of the work of our Chapters and [email protected] Committees. IInternationalnternational SSectionection VVisitisit oonn tthehe WWebeb aatt wwww.nysba.org/intlww.nysba.org/intl 2 NYSBA New York International Chapter News | Summer 2011 | Vol. 16 | No. 1 Message from the Past Chair Prepared on June 1, 2011 As I sit down to re-write this the new leader in India to organize and coordinate our message, having just handed over activities there. Upon a visit to Delhi and Mumbi in April, the baton to Drew Jaglom, my I met with Sudhir and several other Indian lawyers who Chair successor, I would like to are interested in becoming involved in leadership roles take this opportunity to refl ect for our India Chapter. I look forward to continuing a a little bit on my year as Chair. broad collaboration with lawyers in India under Sudhir’s Although I took offi ce somewhat leadership. prematurely, I got a running start We have also reactivated our Chapters in Denmark, thanks to the many initiatives Korea, Luxembourg and Poland by appointing new and visions that Michael Galligan Chapter Chairs. In addition, we have also appointed a spearheaded during his year as Carl-Olof Bouveng Chapter Chair in Alberta, Canada, as a complement to Chair. our current Chapter Chairs in Canada. One of the more exciting developments in the past Many of our longstanding Chapters are thriving and year was the creation of our Chapter in Bahrain, in addi- have recently organized events. In March of this year we tion to the recently established Chapters in Algeria and held our fi rst Regional European Meeting in London with Tunisia. Only a couple of weeks ago we also created a participation from many of our European Chapters as Chapter in Egypt, and will need to develop our ties with well as our Tunisian and Algerian Chapters. Egypt in the near future. Hopefully, we will soon also have a Chapter in Morocco. The Chapters in Algeria and To further facilitate and increase the exchange be- Tunisia, as

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