PRACTICE AREAS
Serving Clients in the Following Practice Areas
CHINA PRACTICE
China Entry Strategy Package
The Chinese market is a diverse, vast and unique market. Basic issues of foreign direct investment are of vital importance. We will be your China Hand and will guide you as you navigate your way to China.
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Where to invest (in Beijing, Shanghai, Shenzhen, or in remote cities which offer great opportunities) ?
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Should your company act alone, or should it form a joint venture or other form of cooperation with local Chinese partners?
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Back ground Check: Checking the background of your partners, suppliers and vendors.
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Alternative legal models: Wholly Owned Foreign Enterprise (WFOE), Representative Office, Joint Venture, Partnership, Limited Partnership, etc.
Joint Ventures
Establishing a Sino-Foreign Joint Venture is one of the options of cooperation with Chinese companies. Nonetheless, the management and operation of a sino-foreign joint venture are complex tasks which require an in-depth understanding of the legal, business and cultural nuances of operating in China. The establishment process of a joint venture requires extensive planning, both from the commercial and legal side. During the years, we have consulted numerous companies regarding formation, and operation of Sino-Foreign joint ventures across China.
Entity Formation
Selection of the proper legal entity is a key component in formulating your China entry strategy. While the entity formation process in the West is quick, the process in China is cumbersome and involves administrative procedures in various governmental agencies. Our services include:
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Establishment of Wholly Owned Foreign Enterprise (WFOE)
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Offshore Special Purpose Vehicles - including Hong Kong Offshore Companies
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Establishment of a branch
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Representative Office
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Equity Joint Ventures
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Contractual/Cooperative Joint Ventures
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Partnership
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Limited Partnerships
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Investment Funds
Commercial Contracts
We assist our clients in drafting a wide range of commercial contracts including:
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Investors Agreements
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Share Purchase Agreement
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Licensing Agreement
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Joint Research and Development Agreements
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Non Disclosure Agreements
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Distribution Agreements
Protection of IP Rights
Protection of Intellectual property rights is one of the issues of key concern of foreign investors doing business in China. Contrary to the common presumption, a company can successfully protect its IP rights in China, providing that it complies with the required registration process, and implemented a comprehensive IP protection strategy.
We assist your clients in identifying the risk factors and mitigating risk. Services include:
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Non Disclosure Agreements
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Trade Secrets Protocol
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Non Compete Provisions
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Licensing Agreements
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Registration of Patents & Utility Model
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Trademarks
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Copyrights
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Chop Control Protocols
Employment and Labor
China employment laws are distinctly different from the labor laws in Israel and the US. For instance, China, does not recognize the right of the employer to terminate the employment contract at the Employer's will. Taking into account the company's human resource in China is one of its key assets, foreign investors in China, should put extra attention towards compliance with Chinese labor laws. Our services include drafting, and consultation regarding :
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Employment Contracts, (including senior executives contracts)
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Work permits
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Employee Handbooks
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Non Compete Restrictions
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Termination of Employment
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Representation in the Labor Arbitration Commission (in collaboration with our Chinese strategic partners ).
China Dispute Resolution
Handling a commercial or labor dispute in China is profoundly different from handling a dispute in Western economies. The differences are across the board - commencing from the Asian negotiation method, thence the diverse substantive laws, unique rules of evidence to the subtle Chinese procedural rules.
During the years, we represented various clients in collaboration with our Chinese partners in a great number of cases in the Chinese People Court. Our Services include:
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Amicable negotiation out of court.
Litigation in the People's Court (First Tier and Appellate Proceedings) -
Commercial Arbitration in Israel, China, USA and other jurisdictions (including the following international arbitration commissions, - CIETAC, SHIAC, HKAIC, SIAC, AAA)
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Mediation
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Labor Arbitration Proceeding
COMMERCIAL / CORPORATE / M&A
Company Formation
We'll assist you during the important decision making process of creating your corporate structure. We'll secure that you fully understanding that you'll fully understand the advantages and disadvantages offered by the respective corporate entities.
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Private Limited Liability Company
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Limited Company for the Benefit of the Public
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Foreign Company
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Listed Company
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Partnership
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Limited Partnership
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Non Profit Organization ("Amuta")
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Collective Entities (for example Kibutz, Moshav)
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Self Employed (non incorporated)
Mergers & Acquistions
The decision to merge or to acquire another company is a major corporate decision which requires close legal guidance. We will provide the following assistance throughout the deal including:
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Formulating a negotiation strategy
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Non Disclosure Agreement
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Letter of Intent/Memorandum of Understanding
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Due Diligence (Corporate, Intellectual Property, Financial)
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Guidance during the formulation of a joint business plan
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Drafting of key corporate documents (Share Purchase Agreements, Amended Bylaws, etc)
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Closing
Corporate Compliance
The professional operation of a legal entity required professional documentation of decisions of the corporate organs including Shareholders Resolution and Board Resolution.
We will guide your senior management and board of directors regarding the required documentation and registration with the Israeli Corporations Authority (רשות התאגידים).Failure to comply with the corporate laws in Israel may subject individuals in the corporations (such as senior management and members of the board of directors) to personal liability. We encourage you to register a corporate training program to secure that your corporate officers and directors are fully informed and better protected.
Restructing/Liquidation
Corporate liquidation (whether voluntary liquidation or liquidation by the court) or restructuring requires full support and guidance of your lawyer who will work in collaboration with your accountant. The liquidation process can be a prolong process that require patience and diligence. Through the years, our attorneys have consulted various entities during the liquidation of entities in Israel and across China.
START UPS / HIGH TECH
Startups/Emerging Companies
We love entrepreneurs and innovation and understand the great challenges of startups and emerging companies. After all, our Firm's Moto is Cross-Border, Innovation, Solutions. Our deep understanding and contacts throughout China and the US is one our key added values.
We provide comprehensive support for startups and emerging companies seeking investors including:
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Drafting Founder’s Agreements
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Assistance in targeting investors
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Negotiation of Term Sheets
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Guidance during the Due Diligence Process
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Investors Agreement
CLEAN TECH / ENVIRONMENTAL LAW
During the years, Amit Ben-Yehoshua consulted a wide range of leading companies in the clean tech and environmental industries mainly in cross-border investment transactions between foreign and Chinese companies in a wide range of legal issues including: formation of joint ventures, licensing agreements, protection of IP rights. Among the projects that we have consulted includes projects in the following industries:
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Irrigation Solutions
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Emission Control
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Large Scale Solar Energy
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Bio-Fuels
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Hydro Energy
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Agri-Tech
LABOR LAW
Employment Law
Amit & Co. provides comprehensive employment and labor law services including:
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Drafting of employment contracts
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Employee Stock Option Plans
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Employee Handbooks
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Guidance and preparation to Disciplinary Hearings
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Renewal Visa for Foreign Employees
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Representing foreign and local employees in the Israeli Labor Tribunal.
DISPUTE RESOLUTION
Amit & Co. Arbitration Center
Amit & Co. Arbitration Center
We provide arbitration services to parties who seek to resolve their dispute via arbitration. The arbitration proceeding are conducted by certified arbitrators who have at least ten years of experience as licensed attorney. Except agreed otherwise in writing:
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The arbitration proceedings are confidential.
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The arbitration proceeding are conducted in Hebrew or English language.
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The judgment of the arbitrator shall be based on the substantive laws of the State of Israel. If requested otherwise, the parties can agree on a different governing law (for example California law, Chinese law).
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The arbitrator shall render a judgment which explains his/her ruling.
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The arbitration award shall be final. if the parties expreslly agree otherwise, the award shall be subject to appeal proceeding pursuant to the Israeli Arbitration Law 5728-1968
Attorney & Arbitrator Amit Ben-Yehoshua
Attorney & Arbitrator Amit Ben-Yehoshua has a unique international experience in dispute resolution. Amit conducts in proceeding in Hebrew and English.
Amit is licensed to practice law in Israel and California and completed his Master of Law Degree in Chinese Law.Earlier in his career, Amit served as a judicial clerk of the the Honorable Judge Feinstein (the Vice President of the Magistrate Court of Rehovot) focusing on Israeli domestic legal disputes.
Thereafter, Amit moved to the United States, obtained his California license, and was appointed as a Deputy Public Defender in Tulare County of California, where he had more than 4000 court appearances. Thereafter, attorney Ben-Yehoshua moved to China where he completed his Master Degree in Chinese Law, defending his Master thesis which focused on enforcement of international arbitration awards in the Chinese courts. Amit was the first Israeli-American attorney to be appointed to the foreign panel of arbitrators of China's largest arbitration commission (CIETAC). Amit also served as a judge in international arbitration competitions. Amit also completed an advanced seminar on arbitration organized by the Israeli Bar Association.
Litigation
We believe that preparation for litigation requires extensive planing and thought to formulate a litigation strategy.
We have a unique and diverse litigation practice and acquired experience in handling litigation cases in Israel and abroad. We diligently act as counsels representing plaintiffs and defendants in a diverse range of disputes.
Our attorneys represented clients in collaboration with local attorneys in multiple jurisdictions across the globe, including Israel, China, California, Maryland, New York.
Mediation
Mediation is oftentimes the preferred choice to resolve a legal dispute. In many cases, mediation, a process in which both parties jointly agree how to resolve the dispute, is the most cost effective solution. Mediation (compared to litigation and arbitration), can save the client a great deal of legal fees, time, stress and organizational resources. Successful mediation requires the mediator to bring the parties to common grounds, a process which required mental flexibility and analytical analysis of the strength of your case.
Domestic Arbitration
Arbitration is a legal process in which a the parities jointly appoint an arbitrator to serve as the final decision maker - in lieu of having the case adjudicated by the court. We oftentimes encourage our clients to resolve their dispute via arbitration since it typically a quicker process compared to litigating the case in court. Not all cases are suitable for arbitration - and it therefore vital that you will consult with a lawyer regarding the preferred dispute resolution route.
We may serve the clients in two capacities. As lawyers representing the client in an arbitration dispute, or as arbitrators appointed by the parties. A few our our attorneys are certified arbitrators - and accept cases for arbitration.
International Arbitration
International arbitration is a process in which the parties (typically incorporated in two diverse jurisdictions) agree to resolve the dispute via international arbitration. Failure to have a proper arbitration clause is one of the most common costly legal mistakes. If your company is conducting international business, you must specifically consult with your lawyer specializing in cross-border legal dispute regarding the dispute resolution clause. Our Founder Attorney Amit Ben-Yehoshua, has completed his Master of Law thesis on enforcement of arbitration awards. Amit is a certified arbitrator in Israel, and has been appointed to the foreign panel of arbitrators of China's largest arbitration commission- CIETAC. Amit is frequent lecture on enforcement of arbitration awards and served a judge in the international Moot Court arbitration competition - Moot Shanghai.
Enforcement of Judgment and Arbitration Awards
The process of enforcement and recognition of an arbitration award (initiated by the plaintiff) or the process of setting aside of the award (initiated by the defendant) is a complicated process governed by the New York Convention. Amit & Co. specializes enforcement cases and lectured on the topic in multiple professional events.
INTELLECTUAL PROPERTY
We often represent companies who developed or own advanced technology and seek to expand abroad. We provide guidance and offer solutions in a wide range of issues of intellectual property, including:
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Formation of Strategic Plan for Protection of the Company's IP.
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Licensing Agreements
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Non Disclosures Agreements, Trade Secrets Protocols
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Registration of Domain Names
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Joint Research and Development Agreements
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Registration of Copyrights, Patents, and Trademarks
IMMIGRATION / VISA - ISRAEL LAWYER
Whether you are foreign citizen that came to Israel for purpose of work, education or to make "Aliaya", we understand the challenges of immigration to a new country. Amit & Co. will provide comprehensive assistance in obtaining the proper visa, or work permit, and will guide you during your stay in Israel. Our dedicated team can assist you in the following languages: English, Hebrew, Chinese, French.
NOTARY SERVICES - HEBREW, ENGLISH & CHINESE
The Law Office of Amit & Co. provides notary services by a notary licensed by the Israeli Ministry of Justice.
Notary services that may be provided by mail or courier:
• Notarial translations (Hebrew, English, Chinese)
• Certification of true copies
• Apostille
Notary services that may be provided in the comfort of the client’s office, home, hospital or any other location:
• Signature approvals and power of attorney
• Notarized affidavits
• Prenuptial agreement approval
• Notarial wills and testaments
• Notarized Life certificate
US IMMIGRATION LAWYER OFFICE
The decision to relocate and immigrate to the US requires a long term vision and strategic planning. Amit & Co. offers American licensed attorneys experienced in US Immigration laws. Our services include;
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Family Based Visa (Spouse Visa, Fiance Visa (K-1, K-3)
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Specialty occupations in fields requiring highly specialized knowledge (H-1 B Visas)
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Inter-Company Transferee (L)
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Investors Visa (E Visas)
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Business Visitor (B-1)
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Tourism Visa (B-2)
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Medical Treatment (B-2)
US REAL ESTATE LAWYER
Amit & Co. assists foreign clients interested in making a real estate investment in the US. The American Real Estate market is open for foreign investors and provides many lucrative opportunities. Amit & Co. provides a comprehensive consultation package to investors seeking to purchase property including:
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Single Family Homes
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Multi Family Homes
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Condominiums
Earlier in his career, Amit Ben-Yehoshua, was a licensed real estate broker and served as the managing broker of Real Estate USA Today which focused on consulting foreign investors regarding real estate investment in the USA.
US PROBATE
Amit & Co. represents American and foreign clients throughout the probate proceedings in the US State Courts. The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. The probate court (also called as the Surrogate Court) decides the legal validity of a testator's (deceased person's) will and grants its approval.
FAMILY LAWER
Pre-Naptual Agreements
Your are thinking of signing a pre-naptual agreement. Naturally this document is one of most important contracts that you will sign during your lifetime (if not the most important one). The terms of the pre-naptual agreement can be negotiated between the spouses. A full and complete understanding of the terms of a pre-naptual agreement is of vital importance to your future. Our attorneys and dedicated legal team will guide you throughout the legal process.
Cross-Border Family Law (International Divorce)
It is no secret that even the “standard” divorce is oftentimes extremely stressful and complex. This is especially true when the parties involves are from distinct countries or hold martial assets abroad. Resolution of an international divorce requires an in-depth understanding of legal issues in more than a single jurisdiction. It requires that ability to conduct cross-border investigation, and to commence cross-border litigation if needed. More importantly, is requires the ability to assist the parties to find an amicable solution, which is oftentimes the preferred route.
During the years, we have consulted clients who had family law related legal issues that involved various jurisdictions including Israel, China, Hong Kong, Japan, New York, Florida, California, , Ireland, England.
We provide assistance in the following matters:
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Consultation regarding the client’s marital rights
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Drafting of Prenuptial Agreements
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Assistance in locating marital assets global wide
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Mediation services
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Separation Agreements
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Cross-Border litigation (divorce, child custody, separation of property, child support)
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International Parental Child Abduction
Last Will and Testamentary
Proper estate planning is a crucial factor in the peaceful and smooth transition of the family estate from one generation to another. A professionally drafted Will by a licensed attorney can prevent a great deal of mischief and stress, and secure the unity of the family after the passing of its loved ones. Our dedicate attorneys can assist you throughout your estate planning including the process of the probate proceedings in Israel and in the USA.
Practice Area
Protection of IP in China Lawyer
Family Law, Last Will and Testamentary USA
Notary Services Israel and China
Visa L-1, Visa E-1, Visa E-2
About
Attorney Amit Ben-Yahoshua & Co. is an international attorney specializing in Chinese and US law and is the founder of the firm. He holds a law license in Israel and California and holds a master's degree in Chinese law from Tsinghua University in Beijing on Chinese law. In addition to his training as a lawyer , Amit Hino has training as an arbitrator, mediator, and has a license as a notary.
The firm's areas of specialization: representation of international companies, international contracts, foreign investments in China and the USA, establishment of companies and joint ventures, international trade, corporate law, international dispute resolution (arbitration and mediation), protection of intellectual property, providing legal advice to knowledge-rich companies, translations and notarized certificates in Chinese, English and Hebrew.