Gastón Mirkin, from Paolantonio & Legón Abogados, explains the differences between jurisdictions throughout Latin American countries and how software users, developers and localizers can protect themselves when working in the region.
NewBase 19 April 2024 Energy News issue - 1717 by Khaled Al Awadi.pdf
EULA Agreements: Do They Fit All Latin American Countries?
1. EULA Agreements: Do They Fit All Latin American Countries? - Material Jurisdiction Issues Gastón Ariel Mirkin Paolantonio & Legón Abogados
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8. Arbitration proceedings Arbitration is the process of bringing a business dispute before a disinterested third party for resolution. The third party, an arbitrator, hears the evidence brought by both sides and makes a decision. The decision is binding on the parties.
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10. Arbitration proceedings (3) Examples of arbitration forums International Chamber of Commerce - International Court of Arbitration (ICC) American Arbitration Association (AAA) World Intellectual Property Organization Arbitration and Mediation Center (WIPO) Standard ICC arbitration clause “ All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules ”.
11. Local Idiosyncrasy Examples of Idiosyncrasy Issues Best efforts clauses in underwriting agreements Due diligence defense in bond and shares issuances Differences between common law and civil law Common Law : USA, UK, Australia, Hong Kong, Ireland Civil Law : Latin-American, Europe Civil Law : legal system inspired by Roman law. Legislation primary source of law (codes). Common Law : case law is a major source of law, while statutes are often seen as supplemental to judicial opinions (interpreted narrowly)