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Our colleagues in Mexico obtain an important Court victory for old trade mark registrations

In 2020, a judicial opinion was established in Mexico that decided that trademark registrations of a certain age should no longer be annulled, even if they were granted illegally due to an error of appreciation or inadvertence on the part of the trademark office examiner, under the argument of "respecting the legal security of trademark registration holders". This caused major companies to lose the legal battle in their attempt to prevent third parties in bad faith from appropriating their trademarks, as was the case in the much talked-about F1 case.

The prevailing criterion generated tremendous legal uncertainty and kept the guild and the business sector in check, as it prevented the invalidation of many registered trademarks due to a procedural flaw, even affecting the right to exclusive use of the legitimate owners.

Our colleagues at Regalado & Galindo led the defence in favour of the imprescriptibility of these actions, whose appeal for relief was taken by the Supreme Court of Justice of the Nation, the highest judicial authority in the country, which in plenary session favourably fixed a definitive criterion this February 2024, resolving that the nullity against an illegally granted trademark registration can be exercised at any time, since the mere passage of time cannot remedy the illegality of its granting.

Transcendental for those with businesses in Mexico that require confidence and certainty in the protection of their intellectual property.

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Appointment of Arturo Zacapa as National Delegate for Honduras of the Interamerican Association of Intellectual Property -ASIPI-.

Our colleague Arturo Zacapa has recently been appointed as National Delegate for Honduras of the Inter-American Association of Intellectual Property -ASIPI-.

This entity, born in 1964, is the first regional organisation in the field of intellectual property in the American continent and one of the pioneering organisations at world level in the regional sphere. Since its creation, ASIPI has had international presence and recognition as a representative organisation of intellectual property in the Americas. For example, it is an observer member of the World Intellectual Property Organisation (WIPO).

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D’Empaire is the only elite Venezuelan Law Firm in the 2023 edition of the Latin Lawyer 250.

According to Latin Lawyer, D'Empaire "has long maintained a stellar reputation for its full-service offering in the Venezuelan legal market. In times of economic volatility, the Firm's status has ensured that it remains the benchmark for the relatively small number of cross-border mandates in the country. Constantly changing government regulations also provide a high flow of work.

The Firm's strong international reputation built through an impressive network of Latin American, UK and US clients is essential to maintaining its position."

 

 

Latin Lawyer 250 is a guide to the leading business law firms in Latin America.

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Herrera and Partners is Mexico’s reference Law Firm in Thailand.

The Firm of Iurisgal in Thailand has been officially appointed by the Ministry of Foreign Affairs of Mexico as Mexico's country advisor in Thailand.

 

This appointment is for the period 2023 to 2028. Therefore, Herrera and Partners will be in charge of all legal work that Mexico has in Thailand in the future.

King Stubb & Kasiva: Pioneers in Space Law, Instrumental in Chandrayaan’s Success

Our indian collegues King Stubb & Kasiva, a renowned law firm, etched its name as the legal architects behind the Chandrayaan project, India's monumental endeavor to achieve a soft landing on the moon's enigmatic south pole. With their counsel in commercial contracts, insurance, space law, telecom laws, procurement, and liability issues, King Stubb & Kasiva played a pivotal role in ensuring the project's triumph.

The firm's advisory role commenced with a meticulous examination of commercial contracts. Crafting agreements that addressed the intricacies of space exploration was no small feat. From procurement contracts with third-party vendors to collaborative agreements with international space agencies, their expertise ensured a seamless synergy of efforts.

King Stubb & Kasiva worked tirelessly to secure robust insurance policies that safeguarded the Chandrayaan project against unforeseen contingencies.

Navigating the labyrinthine corridors of telecom laws was yet another challenge. Establishing communication links with a lunar module demanded a nuanced understanding of both terrestrial and extraterrestrial communication protocols. King Stubb & Kasiva demonstrated their mastery in this intricate field, ensuring that the lines of communication remained open and unimpeded throughout the mission.

King Stubb & Kasiva's lawyers worked side by side with scientists and engineers, ensuring that legal considerations were seamlessly integrated into the project's fabric.

In the aftermath of Chandrayaan's success, King Stubb & Kasiva's contribution was lauded worldwide. Their pioneering work in commercial contracts, insurance, space law, telecom laws, procurement, and liability issues set a new standard for legal practice in the aerospace industry.

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Prohibition of money transfers by unregistered companies. Importance of compliance with the law on prevention of money laundering.

Our colleague Eva Camiña of the German law firm SCHRADE has achieved an important judicial victory at the Higher Regional Court of Hamburg (Oberlandesgericht Hamburg; hereinafter OLG) issued a sentence (no. 13 U 149/22) in favor of her client, a Spanish company (plaintiff) in a very significant case. The business model of many lawyers and tax advisors companies will be prohibited if the company does not have the corresponding authorization from the German financial authority (BaFin). Being a member of a regulated profession does not release the company in any way from the obligation to obtain an previous authorization according to § 10 ZAG (Zahlungsdiensteaufsichtsgesetz, Financial Services Supervision Act).

In this particular case, the defendant (German fiduciary tax advisor company), whose task it was to transfer the advance payment (EUR 1 million) of the buyer (Spanish company) to an account designated by the seller (Austrian company) did not have the mandatory BaFin authorization for financial services transactions required under § 10 ZAG. The advance payment, which was transferred to a company based in Dubai according to the instruction of the seller – without the knowledge of the buyer – could not be recovered, was lost.

The Hamburg Higuer Regional Court (OLG) considered it proven that the defendant did not have a control or compliance system in place to comply with the legal requirements of the money laundering prevention law. Without such a system, the defendant would not have been able to obtain the required authorizacion. The Court decided that the defendant had to pay compensation. German Courts are generally very reluctant to award a compensation for damages. In this case, Eva Camiña and her team convinced the Court and achieved a great success, for which we sincerely congratulate her.

Practical recommendation and advise to colleagues and companies who want to engage in this activity involving the transfer of money is to be cautious and to check, whether a special authorization is required

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IURISGAL meeting in September 2023 in Miami (USA)

On 18 and 19 September, the International Meeting of the Law Firms of the Network will take place in Miami. It will be held at the Miami Beach Convention Center and will take place within the mbit of the 44th Hemispheric Congress of Camacol, the Latin Chamber of Commerce and Industry of the United States and also in conjunction with the Americas Food and Beverage Show organised by the World Trade enter of Miami.

We would like to thank our members in Miami, the ARIAS TOVAR Law Firm, for the enormous effort they are making in the preparation and organisation of the event and especially the work of he coordinator and director of the event, José Gregorio Tovar, for his full dedication.

The Meeting will have a massive participation, with the attendance of 30 firms from Asia, Africa, America and Europe, which in itself is a great success. The purpose of the event is to ncrease knowledge among the firms in order to obtain the greatest amount of synergies and improvements in legal assistance to clients. The activities also include "Match Making Meetings" between members f Iurisgal and important companies in the State of Florida.

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D’Empaire ranked best Venezuelan firm for the 100 largest companies in Latin America.

D'Empaire  mejor Firma Venezolana para las 100 mayores empresas de América Latina.D'Empaire ranked best Venezuelan firm for the 100 largest companies in Latin America.

D’Empaire has once again been featured as Venezuela’s top-ranked law firm by the Latin American Corporate Counsel Association (LACCA) in its “Who Represents Latin America’s Biggest Companies?” survey, highlighting the legal counseling to the 100 top-earning companies in Latin America. The firm ranked first among Venezuelan firms, representing a total of 11 of the region’s top grossing companies, “no easy task for a country going through a never ending political and economic crisis,” according to LACCA.

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RFF Lawyers has been awarded Best Law Firm “Tax” in Portugal by Leaders League

At The Iberian Legal Summit & Awards, which took place in Madrid, Rogério Fernandes Ferreira and Marta Machado de Almeida, received the award for "Best Law Firm: Tax", from a list of nominees that included the "big5" Portuguese law firms.

Rogério Fernandes Ferreira commented: "It is with great pleasure and great pride that we receive this international recognition for the work we have done over the last 11 years. Focusing on the tax and corporate area allows us to develop the most appropriate knowledge and the right skills to offer a service of excellence to our clients. The whole team at RFF Advogados is to be congratulated!"

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Gustavo Ventura is part of the “Parliamentary Front for the Legal Profession” initiative of the Brazilian National Congress.

The Brazilian National Congress has launched the "Parliamentary Front for the Legal Profession", which brings together some 220 lawyers, including senators and deputies. Our colleague, Gustavo Ventura, Brazilian member of Iurisgal and President of the Federation of Lawyers' Institutes is part of them, representing this Brazilian Federation. The Parliamentary Front is chaired by Deputy Lafayette Andrada.

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StrayVyrje & Co DA Advokatfirma – Norway

Our colleagues from Norway, specifically Ronny Ronny-V. van der Meij, have participated in the international competition Sports Arbitration Moot in which, leading a team from the University of Bergen (UiB), they have managed to reach the final where they were defeated by the Institute of Law Nirma University from India, in a very competitive final.

With 46 universities from all over the world participating in the event, the achievement of the Norwegian team led by Ronny is of great value. The Sports Arbitration Competition (SAM) aims to enable sports law students to practice sports arbitration at an international level.

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Our Panama colleagues FABREGA MOLINO are widely recognised by the ranking Legal 500 Latin America 2023

FABREGA MOLINO is grateful to our clients and colleagues for the Panama ranking in The Legal 500 (Legalease) 2023. FABREGA MOLINO achieved top rankings in 9 practice areas.

The recommended attorneys are:

Jorge Molina (Dispute Resolution)

José Agustin Preciado Miró (Real Estate)

Juan Raúl Sosa Vallarino (Tax)

Farah Molino Diez (Intellectual Property)

Ana Lorena Morales (Project & Energy, Shipping)

Jose Juan Marquez (Tax, (Corporate/M&A)

Miguel Eduardo Urriola Maylin (Dispute Resolution, Labour)

Lourdes Bishop (Labour)

Juan Pablo Fábrega Polleri (Corporate/M&A)

Gretel Ciniglio de Perez (Corporate/M&A)

Carlos Eduardo Molino Diez (Corporate/M&A)

Liza Maye Diaz (Corporate/M&A)

Jose Antonio Sierra (Real estate)

Eduardo Molino Paz (Shipping).

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New mandatory registration for overseas companies with property in the UK

ARE YOU A COMPANY BASED OUTSIDE THE UK AND OWN A PROPERTY OR LAND IN THE UK? 

YOU DO NEED TO REGISTER WITH THE REGISTER OF OVERSEAS ENTITIES 

If you have a company based outside the UK but own property in the UK, you do need to consider the need of registration with the Register of Overseas Entities. This registration is compulsory and failing to register, could attract fines, prison sentences or both. 

They have been many changes in legislation in the UK in the last couple of years, in particular following the Brexit referendum and the subsequent of the UK from the EU.

The Economic Crime (Transparency and Enforcement) Act 2002 (the ‘Act’) is a new piece of legislation which aims to bring more transparency and assist with the investigation of assets for enforcement purposes. With this in mind, a new Register of Overseas Entities was created on 1 August 2022. The Register is held by Companies House and all Overseas Entities who would like to buy, sell or transfer property or land in the UK, must register with them and provide information about their beneficial owners or managing officers. 

The obligation to register those details will apply retrospectively if the Overseas Entity bought property or land in England and Wales on or after 1 January 1999, in Scotland on or after 8 December 2014 or in Northern Ireland on or after 1 August 2022.

The registration will need to be done by 31 January 2023.

However, please bear in mind that there is also a requirement to register if the Overseas Entity sold property or land after 28 February 2022. 

Before registration, there is the need to carry out verification checks on all beneficial owners and managing officers. This can be done by a UK-regulated agent who must complete the verification checks. It is not a simple task, I am afraid, and could be costly too.

Once the registration takes place, the Overseas Entity will receive an ID number which they will need to provide to the Land Registry in the UK when it buys, sells, transfers, leases or charges UK property or land.

It is important to note that the Act indicates that if registration is not complied with, the Overseas Entity could get a fine, prison sentence or both. They will also face restrictions when buying, selling, transferring, leasing or charging property or land in the UK.

If you are a Company based outside the UK and need assistance with registration or with your dealings in the UK, please do not hesitate to contact Carmen Calvo of Cognitive Law on +44 (0)1273 284 120.

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D’Empaire ranked “Venezuelan Law Firm of the Year” by Chambers and Partners

We are proud to announce that D'Empaire has been named "Venezuelan Firm of the Year" by Chambers and Partners, for the eighth consecutive year and a total of 11 times. The distinction was received at the Chambers Latin America Awards held in Miami on 28 October 2022.
 
D'Empaire would like to thank his clients, team, friends and Chambers and Partners for this recognition.

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VENTURA TORRES ADVOGADOS: Gustavo Ventura is elected president of the National Federation of Lawyers Institutes of Brazil

Lawyer Gustavo Ventura was elected as the new president of the National Federation of Lawyers Institutes in Brazil. The election took place this month (21), at the headquarters of the IASP, in São Paulo, at a board meeting presided over by the president Renato Silveira.
The current president of the Instituto de Abogados de Pernambuco (IAP-PE), Gustavo Ventura, will command the National Federation from February 2023 for a period of one year.
“I thank president Renato Silveira and the other presidents of the Institutes of Lawyers for their trust. The elected directive will seek to advance in the realization and representativeness of the Institutes that integrate the National Federation. The defense of constitutional values ​​and the contribution to matters of interest to law are our main objectives”, highlighted Gustavo Ventura.
The presidents of the Institutes of Lawyers of Minas Gerais (IAMG), Felipe Martins, and of Paraná (IAP-PR), Tarcísio Kroetz, who will be, respectively, vice-president and general secretary, also form part of the new directory. The takeover of the new directors will take place in the next few months, in Brasilia.

HISTORICAL PROTAGONISM
ThIs Institutes play an important historical role in society and for the Brazilian right, being responsible for the formation of the Orden de los Abogados de Brasil (OAB) in its states. Many of the Institutes of the National Federation were created in the 19th century, such as the IAP-PE in 1851 and the IASP in 1874.
 
More information:
https://jurinews.com.br/advocacia/gustavo-ventura-e-eleito-presidente-da-federacao-nacional-dos-institutos-dos-advogados-do-brasil/

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FÁBREGA MOLINO advises the Ministry of Public Construction of Panama in the first Public-Private Partnership project for a highway.

FABREGA MOLINO acted as a local legal advisor of the Ministerio de Obras Públicas de Panamá, for structuring the first Public Private Partnership project in Panama related to the rehabilitation, operation, and maintenance of East Pan-American Highway: Vía Pacora-Yaviza.

Principal partner Ana Lorena Morales represented FABREGA MOLINO in this important transaction.

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Ulises Cabrera recognized in six practice areas by The Legal 500

Ulises Cabrera have been recognized by the British directory The Legal 500, as one of the Leading Firms of the Dominican Republic. Ulises Cabrera, law firm with over 50 years of experience, has been ranked in the practice areas of Corporate and M&A, Intellectual Property, Dispute Resolution, Labour & Employment, Real Estate and Tourism and Environment, the last three areas debuting in the legal ranking for the first time.

Corporate and M&A

The Legal 500 points out that, Ulises Cabrera has longstanding experience of advising local and international clients on corporate matters, including M&A, foreign investments, corporate finance, regulatory issues, and agency and distribution contracts. Notable areas of expertise include the financial, technology, healthcare and manufacturing sectors. Founding partner Ulises Cabrera leads the team alongside managing partner José Cruz Campillo, whose practice covers foreign investments, free trade zone matters and agency and distribution law, and Mónica Villafaña, who advises on a wide range of commercial contracts and corporate transactions, as well as competition law.


Intellectual Property

In the same vein, The Legal 500 recognized again the Intellectual Property department, which is headed by partner Magdalena Almonte, as one of the leading firms in the Dominican Republic. The editors say that the department acts for clients such as Rolex in filing opposition actions against others’ trademark applications in order to protect their IP. Protective strategies also include advice on unauthorized use of a trademark for GlaxoSmithKline, filing complaints for damage to the reputation of a trademark and defending clients against annulment actions for non-use. Patents and industrial designs for technology clients are also covered, with practice head Magdalena Almonte and associate Aidaluz Pimentel providing day-to-day advice to Xiaomi on its portfolio of distinctive signs and filing a patent application for Derrick Corporation, as well as the IP aspects of due diligence as part of an acquisition.


Dispute resolution

The British directory recognized the firm´s Dispute Resolution department as a leading one, for the second time. As part of the study results, The Legal 500 indicates that Ulises Cabrera ‘s diverse areas of expertise include disputes relating to forced evictions, licensing contracts, tax collection, public contracting, financial and technology-related crime, and damages claims in the maritime sector. In addition, the team is active in the settlement of disputes involving high-profile families in the Dominican Republic.


Labour & Employment

For this practice area, the British ranking indicated that Ulises Cabrera is experienced in labour litigation, representing both employers and employees, in addition to handling negotiations with labour unions. The team also advises on a wide range of non-contentious matters, including the drafting of internal regulations and compliance with local labour and social security laws (as well as new health and safety regulations stemming from the Covid-19 pandemic). Founding partner Ulises Cabrera and managing partner José Cruz Campillo are particularly active in labour disputes, and Monica Villafaña advises corporate clients on labour issues.


Real Estate and Tourism

Ulises Cabrera counts the Asociación Popular de Ahorros y Préstamo (APAP) as a key client, advising the bank frequently on foreclosure litigation against debtors. The firm represents clients in lawsuits against the Dominican state, defending APAP in a title fraud matter and suing on behalf of landowner SONULI regarding compensation for land affected by road building. The team has also advised SONULI on title and demarcation issues, two areas of which the firm has much experience. Name partner Ulises Cabrera leads, and ‘excellent’ senior associate Jeanny Aristy Santana assists in the majority of the firm’s matters, which are often for private clients; Cabrera co-led with Leslie Cabrera on an individual’s sale of lands amounting to 150m sq m. Freddy Zarzuela advises on housing projects, with experience in foreclosure cases.

Environment

Following in the footsteps of the Real Estate & Tourism and Labor practices, Environment joins the successful list of practices highly valued by The Legal 500. The editors say that Ulises Cabrera provides environmental expertise for manufacturing clients, with managing partner José Cruz Campillo recently representing a textile company in administrative appeals against fines for violations of environmental regulations. Cruz Campillo also leads the team in negotiations of permits with the Ministry of Environment, assisted by Heiddy Moronta, who works on all environmental matters at the firm. The pair collaborated on amending a permit for a textile plant, a key element of the plant’s environmental plan, as well as renewing a permit for healthcare manufacturer Cardinal Health. The team also assisted multinational environmental consultants with permits to allow them to carry out environmental impact studies for a mining company.

 

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Rogério Fernandes Ferreira distinguished in the Global Guide of Who’s Who Legal

The founding partner of RFF Lawyers was highlighted in the Global Guide of the international directory Who's Who Legal in the categories of Corporate Tax Advisory and Corporate Tax Controversy, where he kept his recognition as Thought Leader, and in the category of Private Client, where he was also recognized as Thought Leader.

Rogério Fernandes Ferreira was referred to as a "highly regarded practitioner with an impeccable knowledge of controversial issues in taxation matters", "excellence across the full range of tax issues", "attention to detail, strong analysis and prompt response" and "top-tier practice in corporate tax and private wealth issues".

The recognition of Rogério Fernandes Ferreira as a Thought Leader comes in the context of the Who's Who Legal analysis based on recommendations from clients and peers, to recognise the leading specialist lawyers in various categories and jurisdictions and is the highest awarded to lawyers.

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RFF & Associados organises the Iurisgal International Meeting in Lisbon in September 2022

RFF & Associados managed by our colleague and friend Rogério Fernándes Ferreira is organising this year's IURISGAL INOLF Network Meeting in Lisbon (Portugal) on 22. 23 and 24 September. We would like to thank them for the generous effort they are making in its preparation.

This year also RFF celebrates its tenth anniversary, and we congratulate them for all the achievements they have made during these years!

And they are celebrating this in the best way, moving their headquarters to a new space located at number 136, Avenida da Liberdade, in Lisbon.

It is located in the most emblematic and central avenue of the capital of Portugal, in a building with a renovated 19th century façade and has 650 m2 spread over two floors.

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Ulises Cabrera shortlisted as Environment and Sustainability outstanding firm in Dominican Republic

Ulises Cabrera has been shortlisted as one of the outstanding law firms in Environment and Sustainability by the prestigious directory Chambers and Partners Latin America. Ulises Cabrera is the only Dominican office nominated in this award category.

Their Environmental Management & Sustainability committee is humbled and honored by this this great recognition and stated that this marks only the beginning of a long path of transformation and well-being for global environment.

They also took the chance to invite all individuals and companies to join the cause, in order to mitigate the effects of climate change by reducing their carbon footprint.

The winners will be announced on October 28 during a gala with leaders of the region in Miami, FL.

SOURCE: LATIN COUNSEL

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Solicitor Bill Holohan of Ireland is helping to establish a plan to reduce the backlog of cases in Pakistan’s courts

Our colleague Bill Holohan of Holohan Lane, Ireland, has begun working with the Pakistan branch of the Chartered Institute of Arbitrators to develop proposals to address the huge backlog of cases in Pakistan's courts. The reduction would be through alternative dispute resolution systems. 

Mr Holohan told Irish Legal News: “If every case currently in the Indian court system continued all the way to the Indian Supreme Court, it will take 25 to 30 years to clear the backlog. There are similar problems in the Pakistani courts with around 2.2 million cases currently pending, and the backlog growing daily. I’m looking forward to helping in any way I can.”

Source: Irish Legal News

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Giulio Ippolito of the Italian Law Firm TOSATO E ASSOCIATI appointed as arbitrator of the Italian Chamber of Arbitration

The Council of the Italian Chamber of Arbitration has recently approved the designation of Giulio Ippolito of the Law Firm TOSATO E ASSOCIATI in its Register of Arbitrators and Experts with the qualification of Arbitrator.

This new professional qualification of our colleague Giulio R. Ippolito represents a further consolidation of the Italian Law Firm in the field of national and international ADR in civil and commercial matters.

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D’Empaire has been ranked in 2022 as the Elite Law Firm in Venezuela by the Latin Lawyer 250 directory

D’Empaire has been featured as an Elite law firm in Latin Lawyer 250 24th edition, a select group of Latin American law firms chosen by Latin Lawyer for their paths towards excellence and unique areas of strength. 
 
According to Latin Lawyer, D’Empaire “remains a major force in the Venezuelan legal market, winning what limited cross-border work there still is thanks to its excellent international reputation and partner-heavy team. High-value M&As are very rare in Venezuela, but when they do happen D’Empaire is involved, particularly if there are cross-border elements to them […] Few firms in the country have been able to pull this off […] D’Empaire’s transactional practices are supported by other highly regarded offerings. Its environment, labour and tax departments are among the best in the market and busy thanks to constantly changing government regulations. It also offers an excellent white-collar crime and compliance offering, a rarity in Venezuela. Outside the country, the firm’s reputation is strong, and it maintains a high profile thanks to effective marketing strategies and a charismatic partnership. Many of its top partners have experience working at major US firms, and these connections are clearly used to maximise cross-border work. The firm’s senior partnership regularly speaks at international conferences and events.”
 
Latin Lawyer 250 is a guide to the leading business law firms of Latin America, resulting from more than 20 years’ intensive research by Latin Lawyer’s editorial team. 

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Mireia Paulo (A&Z LAW FIRM, China) was appointed as SHIAC’s arbitrator

We are very honored to announce that Ms. Mireia Paulo Noguera, Senior Counsel at A&Z Law Firm (China), has been appointed as arbitrator of the Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center) recently. Her areas of expertise as arbitrator include Corporate Law, M&A, International Trade, Commercial Arbitration, ADR and EU Law. With her appointment as arbitrator, Ms. Mireia Paulo will provide fair and efficient dispute resolution services to the parties of international arbitration disputes at Düsseldorf, Germany and Shanghai, China, which are her main working places.


Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center, hereinafter referred to as “SHIAC”) is an independent arbitration institution established in 1988 according to the approval of the Shanghai Municipal People's Government and the registration of the competent judicial authority. It provides independent, impartial, professional and efficient arbitration services to parties in resolving commercial disputes. After three decades of development, in addition to traditional commercial disputes, the cases received by SHIAC also have involved new types of cases such as private equity, internet finance, financial leasing, aviation services, energy and environmental rights and interests. The parties involved in the cases are all over China and more than 70 countries and regions in the world. The arbitration awards of SHIAC have been recognized and enforced in nearly 50 countries and regions in accordance with the New York Convention. SHIAC is also a dispute resolution institution selected by many domestic and foreign parties, including Fortune 500 companies.