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"FERRERE is a full-service firm that invests in its people and prides itself on nurturing highly qualified, business-oriented lawyers with an international outlook. The firm has its..." read more

 

Legal market overview

If the approach of Presidential elections in 2013 had generally frozen the advance of both legislative proposals and major business projects, the recent impeachment of President Lugo has added an additional degree of uncertainty to the immediate political and economic outlook in Paraguay. Its regional neighbours have taken diverse positions regarding Lugo's ouster (seven states recalled their ambassadors for consultations) and it is unclear whether the country will remain suspended from Mercosur. Limited opposition from Brazil will probably, however, ensure minimum disruption, especially since the Paraguayan electoral authorities have confirmed that the April 2013 elections will proceed as originally planned.

Indeed, members of the legal profession have not only confirmed the legality of Lugo's removal but suggest that the interim administration of former vice-President Franco is likely to usher in a more business-friendly climate. They note that, perceptions of political insecurity aside, Paraguay's bilateral treaties will ensure investment protection regardless of the administration in power. Political vagaries are not the only relevant factor however. Despite continuing, albeit slowed, economic growth, Paraguay's dependence upon primary exports continues to leave it vulnerable to external shocks, be it a drop in commodity prices or, as has in fact been the case, from other factors: the effects of a severe drought (depressing soya crops by up to 60%) and an outbreak of foot and mouth disease, with a consequent suspension of imports by various key markets, have served to depress the key agro-export sector, dampening down transactional activity in general.

Arguably, the key issue in the Paraguayan legal market at present is less related to external factors (local or international, political or economic in nature) but rather the conjuncture of Paraguay's exceedingly rapid insertion into the global economy over the last five years, with a legal industry dominated by firms based upon family structure and culture. If the arrival of the Uruguayan firm Ferrere and the increasingly international orientation of Berkemeyer were early signals of the ending of Paraguay's relative isolation, today any number of firms are undertaking profound modernisation processes and seeking to institutionalise themselves along lines fit for the 21st century. Estudio Juridico Gross Brown and Peroni, Sosa, Tellechea Burt & Narvaja are, perhaps, the furthest advanced down this path, but the incorporation of a younger, generally foreign trained, generation is also making itself felt at Vouga & Olmedo, Palacios, Prono y Talavera Abogados and Mersán Abogados among others. The latter half of 2012 is likely to constitute a period of relative calm before a new political administration also brings increased legislative change, a renewed upswing in economic activity, and with it, a return to business as usual.

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Legal Developments worldwide

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  • Jersey Royal Court considers measure of damages for dilapidations claims

    In the absence of any statutory provision in Jersey addressing how dilapidations claims are to be quantified, the Royal Court's decision in JSSL v Barclays has provided some much needed guidance, particularly in circumstances where there is an acceptance that works to redress dilapidations have not been and will not be carried out.
  • English Supreme Court rules on Mistake and Hastings Bass

    On 9 May 2013 the English Supreme Court handed down a unanimous judgment on the seminal cases of Pitt-v- Holt and Futter -v- Futter , with Lord Walker's valedictory judgment conclusively resolving the English position on the rule in Hastings Bass and rescission on the ground of mistake.
  • Getting the breaks

    Shook, Hardy & Bacon currently authors the Insurance section of The In-House Lawyer magazine. For more information and articles from this author click here .
  • Product liability and dietary supplements

    Shook, Hardy & Bacon currently authors the Insurance section of The In-House Lawyer magazine. For more information and articles from this author click here .
  • The calm before 
the storm: are 
you prepared for 
a dawn raid?

    WilmerHale currently authors the Fraud and Corporate Crime section of The In-House Lawyer magazine. For more information and articles from this author click here .
  • International shipment of waste: transporters beware

    Burges Salmon LLP currently authors the Environment and Energy section of The In-House Lawyer magazine. For more information and articles from this author click here
  • Cyprus Shipping Industry : Business as usual. Why despite recent events Cyprus remains an internatio

    Cyprus is the third most populated island in the Mediterranean Sea. It is strategically located at the crossroads of Europe, Africa and the Middle East. Traditionally Cyprus has always been at the heart of the seafaring trade and therefore always functioned as an important centre for trade and commerce. Today as a member of the European Union it remains an optimal business base. It is one of the most attractive locations for foreign investments worldwide. Foreign companies have been given the opportunity to invest and establish business in Cyprus on equal terms with local investors as no distinction is made between foreign and Cypriot companies.
  • FOREIGN EXCHANGE OPERATIONS

    The excellent support system in combination with the ideal jurisdiction provided in Cyprus set the country in the list of the most desirable countries through which you can offer foreign exchange operations. In addition, the accession of Cyprus within the European Union and, most importantly, the extremely beneficial economic advantages available due to the low costs and the outstanding taxation, create a covetable environment for foreign investors.
  • National public order. Adoption of the Draft

    The Presidium of the Supreme Commercial Court of the Russian Federation (hereinafter - SCC RF) adopted by the Informative Letter No. 156 dated the 26th of February, 2013 (hereinafter - the Informative Letter) on Review of the consideration by arbitrazh courts of the cases on the implementation of the public order clause as the ground for rejection of the recognition and enforcement of the foreign court decisions and arbitral awards.
  • China Customs New Interpretation

    For many products, tariff classification can be technically complex, confusing, and subject to multiple interpretations. Often several different Harmonized System Codes ("HS Code") may seem applicable for one given product with different tariff rates. Tariff classification is indeed a process of application of customs classification rules, including customs rulings and decisions, and misclassification may trigger severe legal consequences. The sad fact is, unfortunately, that many companies rely on non-legal professionals to determine the HS Codes for imports or exports. A recent interpretation issued by the General Administration of Customs of China ("GACC") (Circular No. [2012] 495 Shu-Fa-Fa) (the "Interpretation") reinforces the process of tariff classification as a legal matter, and formulates the test as to what counts for regulatory violation if tariff classification rules are improperly applied by the importer or exporter in a given case. If the legal defense is successful, misclassification may only be treated as a non-violation misclassification, with the possible obligation to pay up additional customs duties, if any, but without administrative or criminal consequences. The Interpretation took effect as from February 1, 2013.

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