Debt Collection Seminar

 

On April 16, 2009, Diaz Reus presented on several topics related to Debt Collection for Chinese companies in Pudong, Shanghai. Diaz Reus attorneys Joe Zhang and Samantha Hu presented the topics and led the discussion afterwards. Several Chinese attorneys and other individuals attended and joined in the discussion.

Mr. Zhang and Ms. Hu explained the various legal systems around the world and the general procedures in place in order for Chinese entities to recover their outstanding foreign debts.

Generally, a Chinese entity must gather and organize the evidence (contracts, emails, shipping documents, etc.). Then the attorney will review and send a letter to the foreign debtor. If the debtor replies, then the attorney will begin negotiations. This is all done free of charge.

If a settlement amount is agreed upon and tendered by the debtor, the attorney will then collect a percentage which is negotiated before work begins.

If the debtor does not respond or disputes the claim, then the next step is to file a lawsuit. Typically, the Chinese creditor must finance the litigation (which is usually between USD 1,000 – 15,000 depending on the complexity). Also, if the proceedings move to this stage, a representative from the China entity will probably need to make themselves available in the forum in order to make a statement before a court officer.

Though this stage can be quite cumbersome, as long as the debt is genuine and can be sufficiently proved, then a judgment in favor of the creditor is likely. Court costs and sometimes attorney fees can be included within the judgment.

 

 

 

Will Obama's $100 Million Microfinance Growth Fund Be Effective?

 

QAt the Summit of the Americas last month, US President Barack Obama

 

announced a $100 million "Microfinance Growth Fund for the Western Hemisphere," which the White House says will help microfinance institutions "rebuild their capacity to lend during this difficult period." Do you think the program will achieve its stated goal? How quickly will these funds reach microfinance institutions? What more should be done to help the microfinance sector in the midst of the current credit crunch?

 

AGuest Comment: Carlos F. Gonzalez: "President Obama's announcement during

 

the Fifth Summit of the Americas of anew $100 million Microfinance Growth Fund (MGF) marks an important step in the region's long-term potential for development. A leader in the microfinance movement since the 1970s, Latin America is home to some of the most-developed microfinance institutions in the world. Unfortunately, the global economic crisis now threatens these institutions' ability to access much-needed funding sources. Yet, unlike others, Latin America's microfinance institutions have a proven track record of success, and the talent and experience to continue positively impacting theregion so long as there is enough money. For the MGF to be truly effective, it must act now. The fund must be structured without delay. This requires the development of a lending strategy and the placement of a management team. Next, the fund must increase the current level of' market penetration' within the region. Although Latin America boasts some ofthe highest penetration rates in the world, the numbers show significant disparity among individual countries. The International Finance Corporation reports microfinance penetration rates of 3 percentin Brazil and Argentina, while Paraguay, Chile and Peru boast rates of up to 35 percent. Bolivia is the clear leader with a 160 percent penetration rate, meaning microfinance borrowers may simultaneously draw upon multiple sources of financing in the country's saturated market. To increase market penetration, the MGF must promote, as part of its lending strategy, the expansion of lending services in rural areas. By setting up small outlets in easily accessible locations like pharmacies, microfinance institutions can pursue the same strategies used by banks to expand traditional services to otherwise neglected populations. These strategies together will advance the important goals of microfinance institutions."

 

AGuest Comment: Rob Scarlett: "The micro-lending movementoriginated in Recife,

 

Brazil, inthe early 1970s, so it is entirely appropriate that this microfinance initiative be dedicated to support the economically active poor in the WesternHemisphere. The amount of capital available for on-lending to these tiny businesses has grown steadily, but in the wake of the global financial crisis, the rate of investment has been declining. In hard economic times, microfinance institutions with a social mission (servingthe poorest of the economicallyactive poor in the Americas) have fared better than upper-tier financial institutionsin the same countries. Funds invested in these financially sustainable MFIs will be able to pay a reasonable rate of return while also reducing economic hardship in the poorest areas of the Americas. During hard times, these informal microenterprises serve as a "safety valve." As more people slip into poverty, they engage in supplemental economic activity in order to survive. In these times, it is reasonable to expect greater demand for microloans. It is important that the Microfinance Growth Fund be invested in social-mission-driven, financially sustainable, microfinance institutions (MFIs). This focus will ensure the greatest possible impact onpoverty in the region. If the Obama administration also encourages increased research on the social impact of microfinance and the universal adoption of standards and procedures forprotecting the interests of MFI clients, then the longer-term beneficial impact of this Microfinance Growth Fund will be that much greater."

 

ABoard Comment: Franco Moccia: "President Obama'sannounced proposal to

 

create a $100 million fund to rebuild microfinance capacity in the WesternHemisphere is a good idea, however its impact will be very limited due to its size. A $100 million fund for the Western Hemisphere will not generate the proposedgoal. This amount will have an impact only if it is dedicated to one or two medium-sized countries in the region. The main problem that the microfinance institutions are facing today as a consequence of the credit crunch is the lack of interest of foreign lenders to continue providing financing due to country, foreign exchange and liquidity risks. The US government can help to mitigate the problem in a more effective way directly or via the regional multilateral institutions offering contingent facilities or partial guarantees. They would cover cross border, foreign exchange or liquidity risk. The funding would be provided by the private sector but the US government or the multilateral institution would take the mentioned risk totally or partially. This contingent risk-taking system would generate more impact than lending directly as the funding will come from the traditional sources. Alignment of incentives can be reached avoiding full coverage with a partial guarantee model."

 

Carlos F. Gonzalez is a partner at Diaz, Reus & Targ, LLP in Miami.

Rob Scarlett is an advisor to the Microfinance Alliance in Minneapolis.

Franco Moccia is a member of the Financial Services Advisor board and an independent advisor based in Miami.

 

 

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山东航空在一起国际合同纠纷中赢得关键胜利

        民航资源网2009年5月12日消息:美国地方法院法官蒂莫里根(Timothy J. Corrigan)针对一家佛罗里达州的飞行训练学校 (CAPT航校) 授予了临时禁令,使一家中国航空公司在此国际合同纠纷中赢得了关键的胜利。

  山东航空股份有限公司(Shandong Airlines Co., Ltd.,简称“山东航空”),总部设在济南的中国省级运营商,聘请了国际飞行训练服务(FTSI)旗下的商业航空飞行员训练(CAPT航校)有限责任公司,为其24名飞行员学员提供飞行训练。根据合同,针对每名学生68,000美金的学费,CAPT航校应在佛罗里达州的棕榈海滩提供一个52周的课程,住房和每周一次的生活津贴。

  但是根据山东航空的律师——达瑞律师事务所 (Diaz Reus Targ LLP) 的Brant Hadaway 和李威指出,CPAT航校不仅违反了该合同,要求山东航空增加培训费用,并威胁终止学生的M-1(职业学生)签证。Hadaway 指出,自从24名学生持M-1签证于2008年4月23日进入美国后,山东航空向CAPT航校已支付的费用超过140万美元,并履行了所有的合同条款。

  然而,根据起诉状,CAPT航校于3月27日给山东航空发出的信函中指出它认为目前的合同“是无效的” ,并表示将不再支持所有的职业学生签证,除非山东航空为培训支付额外的费用。

  “山东航空还认为,CAPT航校正试图出售其训练设备,这意味着CAPT航校将不能为M-1签证提供职业学生身份。”Hadaway指出。

  山东航空的辩护律师成功地从法院取得了临时禁令,以防止CAPT航校从单方面终止合同,撤消赞助和出售,转让或以其他方式处置其训练设备,包括4架飞机和3个飞行模拟器。

  在批准山东航空的诉讼请求时,里根法官指出:“法院认为,山东航空已在其起诉状中涉及违反合同的问题方面显示出胜诉的可能性。”他定于4月16日在美国杰克森维尔的地方法院举行听证会,决定是否对飞行学校实行永久禁令。

 

 

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