International Business Law

Situations addressed in international business law

The department first analyses the legal framework that applies to the transaction. It then reviews the parties' commitments and the risks of the transaction.

Three questions recur in most international business law files: governing law, dispute resolution and investment protection. The firm handles them upstream rather than at the litigation stage.

The investment treaties concluded by Morocco therefore hold a particular place. Depending on the case, they determine whether an investment qualifies for protection and which guarantees the investor enjoys.

The department also steps in when a foreign investor sets up in Morocco. The choice between a subsidiary and a branch then forms part of the analysis. In addition, investment protection extends to arbitral awards, from their issuance to their enforcement.

The department belongs to the Investment & Development pole, which carries the firm's capital engineering.

Approach and interventions

Each assignment starts with a preliminary diagnosis. The founder then leads every assignment directly.

Interventions include in particular:

• analysis of the legal framework for investments;
• analysis of applicable agreements and conventions;
• review and structuring of international contracts;
• governing law and dispute resolution clauses;
• legal due diligence on a transaction;
• legal risk mapping.

The deliverables include a legal analysis memo, an annotated contract review and a model clause library. They also include a due diligence report and risk mitigation recommendations. When required, the firm coordinates with local legal counsel.

Finally, a contractual commitments tracking table accompanies the performance of the contract.

International business law: related tools and services

Several tools and services extend this work in international business law:

• Checklist – Key points of an international contract;
• Grid – Qualifying an investment under a treaty;
• Checklist – International payment clause;
• Template – Mutual non-disclosure agreement;
• International contract consultation – Key points;
• International contract – preparing the negotiation.

The qualification grid draws in particular on the treaty definition of a protected investment. As for the payment clause, it actually allocates risks between the parties.