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Second CIS Local Counsel Forum Cultural differences Western Europe / ex-UdSSR Dr. Gabriel Lansky Baku, 21.6.2007.

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Presentation on theme: "Second CIS Local Counsel Forum Cultural differences Western Europe / ex-UdSSR Dr. Gabriel Lansky Baku, 21.6.2007."— Presentation transcript:

1 Second CIS Local Counsel Forum Cultural differences Western Europe / ex-UdSSR Dr. Gabriel Lansky Baku,

2 2 Abstract Reasons for intercultural differences Examples of intercultural differences Impacts of intercultural differences on (legal) advisory services Your partner for successful operations in ex- UdSSR as well as Western Europe

3 3 Reasons for intercultural differences Different legal, economic and business- ethical conditions due to the –different history of Western Europe (below WE) and ex-UdSSR and especially the –former communist regimes in ex-UdSSR with a socialistic state-directed economy (WE: free market economy); a clear power structure and strong authorities; a lack of stability of the law; sometimes venality and cronyism.

4 4 Reasons for intercultural differences After the end of communism: –period of economic gold rush; –fast and wide privatizations; –initially a lack of legal order; –in the course of time western legal standards were implemented, but often not enforceable. WE places emphasis on different values (eg partly restriction of competition in order to strengthen environment and employee protection as well als consumer rights).

5 5 Abstract Reasons for intercultural differences Examples of intercultural differences Impacts of intercultural differences on (legal) advisory services Your partner for successful operations in ex- UdSSR as well as Western Europe

6 6 People from ex-UdSSR show their personal and financial power more publicly than people from WE. Moreover, people from –ex-UdSSR emphasize personal contact to their contractual partner and mutual trust; – WE tend to seperate professional and private contact/spheres and, as to professional contact, bank on the legally binding character of contracts. Examples of intercultural differences

7 7 In WE, a sense of honor is less important than in ex-UdSSR; hence people from –WE tend to carry on tough and long negotiations previous to signing a contract; –ex-UdSSR sometimes close unfavorable contracts in order to display their courage and power. On the contrary, vital importance of autonomous media in WE, which has a big influence on the public opinion making. Examples of intercultural differences

8 8 During the performance of contract people from –WE set a high value on the correct abidance by contract, since it is the outcome of negatiations and should represent the intention of all parties; –ex-UdSSR antagonize the virtual implementation of unfavorable clauses, since they place less emphasis on the binding character of written contracts, but rather on personal confidence. Examples of intercultural differences

9 9 Abstract Reasons for intercultural differences Examples of intercultural differences Impacts of intercultural differences on (legal) advisory services Your partner for successful operations in ex- UdSSR as well as Western Europe

10 10 Due to historical legal uncertainty selective propagation of information to consultants in ex-UdSSR in order not to become dependent; even attorneys sometimes get to know only parts of all facts of a case; The long history of justice in WE generated a widespread doctrine and judicature, which allows very differentiated argumentation; sometimes these conflictive point of views are difficult to understand for people from ex- UdSSR. Impacts of intercultural differences on (legal) advisory services

11 11 Abstract Reasons for intercultural differences Examples of intercultural differences Impacts of intercultural differences Your partner for successful operations in ex- UdSSR as well as Western Europe

12 12 Austrian law firm Headquarter in Vienna USP: International structure on the basis of a best-friends-system and mother tongue service in all necessary ex-UdSSR and CIS countries 65 employees in Austria Fields of law - privatisation - corporate law, M & A - commercial law - law of contract - infrastructure and railroad law - capital market law - real estate - employment law - law of the European Union - environmental law Cooperation with partners worldwide Azerbaijan Belgium Bosnia Bulgaria Croatia Czech Republik France Germany Greece Hungary Ireland Israel Kazhakstan Lichtenstein Lithuania Macedonia Netherlands Poland Romania Russia Sweden Serbia Slovakia Slovenia South Korea Turkey Ukraina United Kingdom USA Lansky, Ganzger + partner

13 13 Member of Euro-Defi, one of the leading European networks of independent legal and accounting specialists with 300 member offices and 4000 professional staff throughout Europe. Modern, interdisciplinary service; global, international, multilingual; attendance of projects as managerial coordinators; network with tax- and business advice; lobbying in all ranks. Lansky, Ganzger + partner

14 14 Lansky, Ganzger + partner Sustantial experience with major projects in ex-UdSSR, among others: –Legal consultant of Casinos Austria International Holding GmbH (activities eg in Croatia, Czech Republik, Serbia, Romania, Hungary); –Legal implementation of the selling process of subsidiary companies of the Hypo Group Alpe Adria in Croatia and Serbia (March 2007); –Legal consultant of Vienna International Airport; legal support of VIE, eg. in the implementation of BOT-agreements in ex-UdSSR.

15 15 Thank you for your attention! Dr. Gabriel Lansky Lansky, Ganzger + partner RA GmbH 1010 Vienna, Rotenturmstrasse 29/9 Austria T: F: E: W:

16 16 How to Invest in Austria Guide about various legal and economic aspects of investing in Austria developed by Lansky, Ganzger + partner Rechtsanwälte GmbH in cooperation with Austrian Business Agency.

17 17 How to Invest in Austria


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