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Our unique collection of publications can reveal the reason behind the primacy of ESK Law Firm. Our books and articles are prepared for legal, financial and business executives across the globe. ESK’s innovative products help to keep clients current.
Investment im Iran – Investment in Iran – سرمایه‌گذاری در ایران
Foreign Investment Law In Light of Investment Act and Contracts
(1st. Edition)
International Construction Contract
Doing Business in Iran
(1st. Edition)
Doing Business in Iran
(2nd. Edition)
Doing Bussiness in Iran
(Persian Edition)
Brochure of ESK Law Firm
Doing Bussiness in Iran
(Turkish Edition)
Analyzing the Possibility and Procedure of Enforcing Foreign Judgments in Iran
Construction Contracts in Iran’s Body of Law
“Post-Sanctions Strategy”
Foreign investment in Iran
“Post-Sanctions Strategy”
Foreign Portfolio Investment (FPI)
“Tehran Stock Exchange”
“Post-Sanctions strategy”
Oil and Gas Industry in Iran’s Body of Law
“Post-Sanctions Strategy”
Legal Aspects and Procedure of Setting up a Company in Iran
Foreign Investment in the Energy Sector of Iran
“Post-sanction Strategy”
Enforcement of international arbitral awards in Islamic Republic of Iran
Online Arbitration: A Vehicle for Dispute Resolution in Electronic Commerce
Trade Mark Registration Process in Iran
Newsletter Jan 2017
(Jan 2017 Edition)
Newsletter Feb 2017
(Feb 2017 Edition)
Newsletter Mar 2017
(Mar 2017 Edition)
This is the first book of its kind, outlining the legal framework for investors in Iran after the abolishment of (most of) the Western sanctions. This guidebook has been written and prepared by Partners of ESK Law Firm in cooperation with Michael Lorenz. The book summarizes the Iranian Foreign Investment Law in German, English and Farsi language and provides busy executives with a quick overview of the legal and professional regulations, investment climate, taxation, forms of business organizations and business practices in Iran. Due to the identically structured parts, the trilingual book eliminates language barriers and enables an easier communication with business partners in the respective countries. This book reflects information current as of May 1st, 2016. The book has been published in August 2016 by the Springer in Germany. Review the Book on the Publisher's Website Dieses Buch fasst das iranische Ausländerinvestitionsrecht übersichtlich auf Deutsch, Englisch und Farsi zusammen. Entscheidungsträgern gewinnen schnell einen guten Überblick über die rechtlichen und steuerlichen Regelungen sowie das Investmentklima, wichtige Gesellschaftsformen und gängige Geschäftspraktiken. Dank der identisch strukturierten Teile eliminiert dieses dreisprachige Buch sprachliche Hürden und erleichtert die Kommunikation mit den Gesprächs- und Geschäftspartnern in den verschiedenen Ländern. Informations- und Rechtsstand ist der 1. Mai 2016.
Mr. Esmaeil Karimiyan has published a book jointly with Dr. Ali Hatami. The book has been published in May 2014 in Tehran and consists of 4 chapters as follows: 1. Foreign Investment Promotion and protection Act in the Current Legal System of Iran, 2. Joint Venture Contracts, 3. Petroleum Contracts and 4. Build-Operate & Transfer Contracts (BOT). The Book is a practical and comprehensive learning resource book in 1174 pages. The book consists of 4 Chapters and more than 300 case studies of recent Joint Venture Contracts, Oil and Gas projects Petroleum Contracts, Build-Operate & Transfer Contracts (BOT), EPC, EPCF, EPC&F, EP, EC and PC Contracts, Loan Agreement and Project Financing instrument, Sales Contracts, Agency Contracts, Distribution Contract, Outsourcing and Management Contracts… in Iran and other countries. This book, however, is not merely another addition to the available literature. It has a marked distinction. It not only comprises theory and practice in one place, but also provides a new trend in respect of interpretation of International Investment & Commercial Contracts. The purpose of this book is twofold: (i) to provide new trend in respect of interpretation and comparison of the terms of International Investment & Commercial Contracts the; and (ii) to assist contract drafters in their analysis of the various kinds of Petroleum Contract. The authors of the book have a long experience of practice and research in Investment & Commercial Contracts in Iran as a drafter of contracts, lawyer, counselor and negotiator for foreign and domestic companies during past decades. Many contractual documents cited in this book and their interpretations are the result of experiences gained during the presence of foreign companies in Iran. 1. Foreign Investment Promotion and protection Act in the Current Legal System of Iran, 2. Joint Venture Contracts, 3. Petroleum Contracts and 4. Build-Operate & Transfer Contracts (BOT). The Book is a practical and comprehensive learning resource book in 1174 pages. The book consists of 4 Chapters and more than 300 case studies of recent Joint Venture Contracts, Oil and Gas projects Petroleum Contracts, Build-Operate & Transfer Contracts (BOT), EPC, EPCF, EPC&F, EP, EC and PC Contracts, Loan Agreement and Project Financing instrument, Sales Contracts, Agency Contracts, Distribution Contract, Outsourcing and Management Contracts… in Iran and other countries. This book, however, is not merely another addition to the available literature. It has a marked distinction. It not only comprises theory and practice in one place, but also provides a new trend in respect of interpretation of International Investment & Commercial Contracts. The purpose of this book is twofold: (i) to provide new trend in respect of interpretation and comparison of the terms of International Investment & Commercial Contracts the; and (ii) to assist contract drafters in their analysis of the various kinds of Petroleum Contract. The authors of the book have a long experience of practice and research in Investment & Commercial Contracts in Iran as a drafter of contracts, lawyer, counselor and negotiator for foreign and domestic companies during past decades. Many contractual documents cited in this book and their interpretations are the result of experiences gained during the presence of foreign companies in Iran.
"Construction Law" book provides an explanation of the fundamental principles of construction law and construction contracts. The author has attempted to set out, in compendious terms, the law that relates to the performance of construction and engineering work as it applies in Iran and England. This book is intended primarily for use by practitioners of construction law in those jurisdictions, so as to provide them with a general textbook that may be called upon to obtain answers to day-to-day legal questions, with references to applicable cases, statutes, regulations, relevant literature and website addresses. A glance at the contents table of this book will indicate that the breadth of subject matters covered is considerable. It is not limited to consideration of construction contracts alone, and has been written to cover the whole field of construction law.
This guidebook has been prepared by Partners of ESK Law Firm. It is written to give the busy executive a quick overview of the legal and professional regulation, investment climate, taxation, forms of business organization and business practices in Iran. Making decisions about foreign operations is complex and requires an intimate knowledge of a country's commercial climate, with a realization that the climate can change overnight. Companies doing business in Iran - or planning to do so - are advised to get current and detailed information from experienced professionals. This book reflects information current as of July 2015.
The first edition of the popular book “Doing Business in Iran” has been very much welcomed. Many large corporations and law firms around the world as well as international organizations such as the World Bank, have shown their enthusiasm in reading the book and using it in serving their clients. At the same time, the guidebook has been translated in at least three other languages (Persian, German, Turkish) which will be published in the near future. All of these feedbacks on one hand and termination of sanctions against Iran on the other, have made ESK Law Firm team to prepare the second edition of the book. In the second edition, Much of the original structure of the book is retained, but updated in the light of statistics and new rules and regulations. New information also added where necessary while outdated data have been removed. Our team currently working on new topics which regularly will be added to this edition.
Our interesting Guidebook “Doing Business in Iran” was originally written in English. However, its Farsi version is also prepared to help Iranian entities in their daily relationship with foreign companies.
Every entrepreneur knows that it is easy to start a business, but it is hard to steer it toward success .ESK Law Firm has found its professional partners and associates after many years of experience in various areas of legal practice. Next step was to expand our collection of publications and reports so that our clients could be sure that they are in good hands. Changing our perspective to see blessing in disguise has been another piece for the puzzle of success. ESK Law Firm’s team would be very happy to share its prosperity with you and pave the way of your business toward a successful entrance and development in Iran. If you have any doubt, just take a careful look at our brochure.
The English version of the popular book “Doing Business in Iran” has been very much welcomed. Many large corporations and law firms around the world as well as international organizations such as the World Bank, have shown their enthusiasm in reading the book. At the same time, many Turkish companies and law firms request the book to be translated in Turkish so that they can readily use it in serving their clients. Here it is! The Turkish version of this interesting guidebook is finally out.
Before starting any dispute settlement procedures, disputants encounter with an important question of whether the outcome is enforceable. Answering such question gets harder when it comes to enforcing a judgment of a country in another. Enforcing foreign judgment in Iran is possible if certain rules and regulation are considered and certain documents are procured. This article aims to explain and clarify this process in Iran.
With property values exceeding those of similar-sized countries, Iran has seen a recent boom in the real estate market over 2015. Encouraged by the country’s youthful demographic trends, investors are increasingly putting their faith in real estate, which has stood the test of time as a safe, fixed asset. At the same time, contractors and consultants have spotted opportunities throughout the country in terms of catering to both tourists and local residents seeking modern and convenient new homes. Investors are also eager to invest in these projects, which will satisfy growing demand and guarantee returns for years to come. Growth is also occurring in the country’s infrastructures. Iran's government and public sectors try to build or renovate infrastructures all over the country which provides great opportunities for investors to invest in these projects by setting up public-private partnerships (BOT, BOOT, Joint venture, etc.). Such projects offer a favorable interest rate for investors' capital. In recent years, the construction industry has been thriving due to an increase in national and international investment to the extent that it is now the largest in the Middle East region. Although there are several similarities between construction law in Iran and other countries, it has its own rules and regulations which are different from the construction industry of the West. Foreign contractors who enter the market for the first time must be prepared for a different environment.
Eventually, after 12 years of imposing sanctions against Iran by governments and international organizations, in January 14, 2016, all banking, petroleum, insurance etc. sanctions have been lifted. This provides countless opportunities for investors and heralds an optimistic and prosperous future for various Iranian industries. In order to find a comprehensive perception about post-sanctions circumstances, it is necessary to elaborate the rules and regulations and investment framework of Iran. This article has been drafted by a practical perspective so that the post-sanctions methods of foreign investment in Iran become understandable. After nearly 48 years, the new law on foreign investment in Iran under the name of “Foreign Investment Promotion and Protection Act” (FIPPA) was ratified by the Parliament in 2002. FIPPA replaced the Law for the “Attraction and Protection of Foreign Investment” which was in effect since 1955. FIPPA’s replacement of LAPFI has further enhanced the legal framework and operational environment for foreign investors in Iran.
Tehran Stock Exchange was established in 1968, and has been the primary equities market in Iran. In 2005, the new Capital Market Law of Iran approved by parliament and in 2006, according to this Act, TSE was demutualized and established as a joint stock company with over 6000 shareholders. TSE has enjoyed a reputation for having maintained an orderly market and a cost-effective trading capability since its inception. The fully computerized trading system has helped boost the trading capacity and efficiency of the stock market. In 1994 electronic trading systems was launched. In 2007, TSE moved to the powerful trading system (powered by Atos Euronext) for meeting the high trading volume. TSE has been awarded quality system certificate of ISO9001; in 2009 and also planned to obtain ISO27001 certification for its IT Security Management System. TSE has implemented many reform measures in the past few years in order to bring it in line with international practice, and to better reflect investors’ diversified needs. TSE is set to continue making progress towards liberalization and internationalization. The Tehran Stock Exchange, with its fully automated trading systems and book entry mechanisms, is known as one of the most active exchanges in the Middle East region. At the end of June 201, the total market capitalization of the 342 companies listed on the Tehran Stock Exchange (TSE) amounted to US$105 billion. The ratio of total market capitalization to GDP was about 26 % in 2010. In this year, the total trading value was US$19 billion, representing a market turnover rate of 22.5%. The market P/E ratio of the Tehran market was 6.7, lowest among primary WFE1 exchanges, making it an attractive marketplace for investors. In order to enhance the core competitiveness of the Tehran Stock Exchange and to make faster progress towards liberalization and internationalization, the authorities have also promoted the introduction of new financial products, new financial institutions and implemented many reform measures, such as the listing of Single Stock Futures (SSF), relaxing limitations on foreign investment, streamlining foreign registration procedures, and adjusting various trading system and mechanisms so that they are more in line with international standards.
The Ministry of Petroleum of the Islamic Republic of Iran is responsible for all kinds of oil and gas activities. The Ministry by itself has got the four major subsidiaries body as follows which undertake implementation and operation of the above mentioned activities: • National Iranian Oil Company (NIOC) • National Iranian Gas Company (NIGC) • National Iranian Oil Refining & Distribution Company (NIORDC) • National Petrochemical Company (NPC) The Iran’s Unique Position in terms of hydrocarbon reserves is as follows: I. Iran is endowed with 155 billion barrels of oil equivalent to 10.9% of the global oil reserves. II. Iran owns 18% of the global natural gas reserves equal to 34 TCM of natural gas. III. Iran’s current exploration projects will lead to a considerable increase in the country’s oil and gas reserves. IV. Presently, 62 onshore oil fields, 16 offshore oil fields, 20 onshore gas fields, and 2 offshore gas fields are in operation in Iran. V. 26% of hydrocarbon reserves and 50% of natural gas reserves are located across Iran’s common borders with its neighbors. Currently, Iran, with 33/6 trillion cubic meters of natural gas reserves which is equivalent to 234 billion barrels of crude oil reserves, is the world's largest owner of gas reserves. In its last official report, National Iranian Oil Company declared that Iran's normal and natural gas reserves are more than 33/7 trillion cubic meters and the volume of normal and recoverable crude oil reserves of the country are about 157 billion barrels; Overall, with the total volume of oil and natural gas reserves of 400 billion barrels, Iran is the world's largest gas reserves. In order to attract foreign investment in Iran's oil and gas industry, particularly after termination of sanctions, a committee known as the "Oil Contracts Review Committee" unveiled a new contract titled "Iran Petroleum Contract (IPC)” in late 2015. The primary purpose of this Contract is to make a dramatic change in the oil and gas industry of Iran. On the other hand, Iran’s Parliament has also played an important role in this evolution through legislation of several laws such as "Duties and Powers of the Ministry of Oil," enacted in 2012, "Petroleum Law Reform Act" passed in 2011 and "The Fifth Development Plan" in 2010. However, The turning point of this legal evolution can be found in contractual mechanism of the implementation of projects in the upstream of oil and gas industry which is mentioned in law of "Duties and Powers of the Ministry of Oil” 2012. In this article, the legal aspects of Iran’s petroleum rules and contracts, especially for post-sanctions era, have been analyzed.
Considering the fact that majority of investments in Iran starts with setting up a company, many foreign investors look for reliable information about its process and requirements. At the same time, its procedure and related rules have been mentioned in the different resources which require to be collected and explained. This article is written to meet all these needs and provide all necessary information regarding establishing a company in Iran.
Eventually, after 12 years of imposing sanctions against Iran by governments and international organizations, in January 14, 2016, all banking, energy, insurance etc. sanctions have been lifted. This provides countless opportunities for investors and heralds an optimistic and prosperous future for various Iranian industries. In the other hand, After nearly 48 years, the new law on foreign investment in Iran under the name of “Foreign Investment Promotion and Protection Act ” (FIPPA) was ratified by the Parliament in 2002. FIPPA replaced the Law for the “Attraction and Protection of Foreign Investment” which was in effect since 1955. FIPPA’s replacement of LAPFI has further enhanced the legal framework and operational environment for foreign investors in Iran. In order to find a comprehensive perception about post-sanctions 1circumstances, it is necessary to elaborate the rules and regulations and investment framework of Iran. This article has been drafted by a practical perspective so that the post-sanctions methods of foreign investment in Iran with emphesis to energy generation sector become understandable. Legal and contractual requirements of investing in the power sector of Iran have been determined in accordance with “ Foreign Investment Promotion and Protection Act (FIPPA)” and “General policies of the Article 44 of the Constitution of the Islamic Republic of Iran”. In this article, a brief and practical insight into the legal and contractual mechanism of foreign investment in Iran's energy sector and the investment licensing procedure will be presented.
One of the main reasons of incorporating an arbitration clause in an international agreement is that parties can be certain about enforceability of the arbitral award. In this article, we first talked about arbitration in Iran and after that, enforcement of international arbitral awards in Iran has been analyzed.
This article examines the advantages of online arbitration and methods of its performance in cyberspace. It concludes that online arbitration is a valid and effective method of dispute resolution and the arbitral awards given by online arbitration are enforceable under the rules of New York Convention.
Under Iranian law, a trademark can be protected on the basis of registration. This article explains the registration process from a practical point of view which starts from submission of an application until paying related costs and obtaining the registration certificate.
Newsletter Jan 2017
Newsletter Feb 2017
Newsletter Mar 2017