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ILO publishes a series of legal Newsletters which provide expert legal commentary in the form of concise, regular news updates. The Newsletters are written in collaboration with over 500 of the world's leading experts and cover more than 100 jurisdictions.
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Argentina
Intellectual Property
Trademarks play an essential role in the domain name field, with the owners of trademark rights acting as the main promoters of the regulatory process. Until recently, such conflicts could only be settled in court. However, following the introduction of a new rule to the resolution on domain name registration, it is now possible to settle domain name disputes out of court, with NIC Argentina acting as the enforcing authority.
Australia
Litigation
Court dismisses Optus's claim of foul play
Following Optus's success in legal proceedings brought by the Australian Football League (AFL), the chief executive officer of the AFL has made several remarks about Optus's TV Now Service. Optus commenced proceedings claiming misleading and deceptive conduct. However, the court considered the remarks to be opinions, not statements of fact, and Optus's application failed.
Brazil
Shipping & Transport
A bill that provides for the adjustment of lease agreements for terminals and port areas that were executed before the enactment of the Ports Act is progressing through legislative proceedings before the House of Representatives. The bill aims to eliminate legal uncertainty and encourage the Ports Administration to extend the lease agreements for areas within the public port area that were signed before the act.
Canada
Corporate Immigration
Under proposed legislation, Citizenship and Immigration Canada will close the files of federal skilled worker applicants who applied before February 27 2008, and for whom an immigration officer had not already made a decision based on the applicable selection criteria by March 29 2012. This proposed legislation is expected to affect about 280,000 applicants, including their dependants.
China
Aviation
Outcry over new passenger and airline levy
A controversial civil aviation development charge is being imposed on every air passenger in China and every Chinese airline. Many commentators have questioned the need for, and the legitimacy of, such a charge, arguing that with tax revenues of Rmb1 trillion in 2011, the government does not lack capital for large-scale aviation infrastructure.
Colombia
Energy & Natural Resources
A new resolution issued by the Energy Regulation Commission regulates electricity trading activity. Although some rules applied to the trade of electricity before the resolution was issued, the new resolution compiles them into a single document and adds new rules to bring together all of the rights and obligations of parties which purchase electricity for sale to final users.
Cyprus
Shipping & Transport
Notifications under the Tonnage Tax Law
The Department of Merchant Shipping recently issued two new notifications under the Tonnage Tax Law. The Taxation of Owners of Cyprus Ships Notification regulates the participation of qualifying owners of Cyprus ships in the tonnage tax system. The Tonnage Tax (Arm's-Length Principles) Notification regulates transactions between connected persons where one party is subject to tonnage tax and the other is not.
Denmark
Intellectual Property
The Maritime and Commercial Court recently ruled in Rolex SA v Graff Seirup. Customs had withheld the release of packages containing three counterfeit Rolex watches. The court found that the defendant had to be the correct recipient of the counterfeit goods, and that the number of watches created a presumption that he had attempted to import the goods for commercial use.
France
Competition
The Commercial Court has confirmed that applicants can disclose evidence obtained in the course of the competition procedure if such disclosure is necessary for the exercise of their rights. The court was ruling on two damages cases in which the complainants asked the court to order the Competition Authority to disclose evidence showing injury, which had been obtained in the course of competition proceedings.
Employment & Labour
A manager set up a meeting with one of his female employees outside regular work hours in a hotel room. The manager was terminated on grounds of gross misconduct after the employee complained. The Supreme Court ruled that the employer was justified in its decision and confirmed the differences between the definitions of 'moral' and 'sexual' harassment, which do not require the same conditions to be fulfilled.
Germany
Information Technology
Seizure of social media accounts
A recent high-profile trial centred on the legal requirements for the judicial seizure of social media accounts. The Reutlingen District Court charted new territory by trying to seize the Facebook account of a 20-year-old who was accused of burglary. However, the court did not seize the Facebook account as such, but only specific content. Observers agree that Germany will see an increase in account seizures in the future.
Insolvency & Restructuring
The Federal Court of Justice has clarified that a former shareholder will be subordinated to its claim under a loan only for a one-year period. The ruling has been widely accepted by German legal scholars and practitioners. However, some legal authors have criticised the ruling, since they think that it could create questionable incentives for delays in filings for insolvency in order to overcome the one-year period of subordination.
Ireland
Construction
The real cost of construction disputes
At times when money and resources are constrained, legal costs are at the forefront of clients' minds. However, there are some ways in which parties to construction and engineering contracts can reduce their potential costs exposure when dispute resolution proceedings are unavoidable. Alternative dispute resolution and early case settlement strategies should be promoted at every possible juncture.
Isle of Man
Offshore Services
Where should cross-border disputes be tried?
A recent judgment reviewing conflicts of law has underlined the significance of the overriding objective in assessing where a cross-border dispute should be tried. In this interlocutory decision the court showed its willingness to overlay the overriding objective in respect of all of its decision making and to focus on practical points, such as saving expense and time and taking a commonsense approach.
Israel
Employment & Labour
The Tel Aviv Regional Labour Court recently rejected a case brought by a waiter whose exposed skin was covered with tattoos, which he refused to cover while serving customers. The waiter had claimed for damages on the grounds that the employer's request that he cover his tattoos while serving customers was unlawfully discriminatory and that he had been dismissed in bad faith.
Jersey
Offshore Services
In a recent case the Royal Court confirmed that an executor can be reimbursed for his or her costs incurred in administering an insolvent estate, in priority to other creditors. However, the executor can be remunerated only if authorised by the will or by order of the court, and the authorisation under the will does not apply where the estate is insolvent.
Malaysia
Litigation
The Federal Court recently determined several interesting points of law in Ooi Woon Chee v Dato See Teow Chuan. The case arose after the liquidators received two offers for the sale of shares owned by Kian Joo Holdings Sdn Bhd. Among other things, the court held that although the liquidators were officers of the court, they were not bound by the same standards as a judge.
Netherlands
Competition
Healthcare sector comes under scrutiny
The healthcare sector is one of the Competition Authority's focus industries, making it subject to closer investigation. The authority recently scrutinised several healthcare mergers for antitrust concerns. However, the reduction in capacity set out in the recent outline agreement between healthcare providers, health insurers and the Ministry of Health, Welfare and Sport appears to have the authority's blessing.
Shipping & Transport
The contracting states to the 1952 Arrest Convention have long debated whether the forum arresti (jurisdiction) rule applies to vessels which are flying the flag of a non-contracting state. A Dutch court recently confirmed that it does when delivering a judgment establishing that a party can start proceedings on the merits of a case in the Netherlands on the basis of forum arresti under the convention.
Philippines
Litigation
An appelate court has confirmed that there is a time limit to file an action to vacate a domestic arbitral award. The party dissatisfied with the award must institute a suit to vacate the award within one month of the date on which the award was served on it. If it fails to institute a suit to vacate within that period, the award becomes final and executory.
Russia
Commercial Property
Amendments to the Federal Law on the Enactment of the Land Code give the local authorities of Moscow and Saint Petersburg a right of unilateral termination in respect of leases on certain conditions. The authorities may exercise this right in the event of a substantial breach of the conditions of the lease or a substantial change in the circumstances on which the conclusion of the agreement was based.
South Africa
Competition
The Competition Commission has referred a collusion case in the steel industry to the Competition Tribunal. The commission's investigation revealed that Highveld Steel and Vanadium Corporation Limited had followed Arcelor Mittal South Africa Limited's prices for steel products by exchanging sales volumes and monitoring shares and prices.
Spain
Corporate Immigration
New decree-law amends residency requirements
A new decree-law has amended the rules for EU citizens wishing to reside in Spain. Every citizen of an EU member state or a state that is party to the European Economic Area Agreement has the right to reside in Spain for a period exceeding three months if he or she fulfils certain conditions – for example, if he or she works or is self-employed in Spain.
Sweden
Arbitration
Supreme Court rules on doctrine of assertion
Concorp Scandinavia AB brought an action in the district court against Karelkamen Confectionary AB. Karelkamen argued that Concorp's action should be dismissed, claiming that the dispute should be resolved by arbitration in accordance with the Arbitration Act. The district court denied Karelkamen's motion and the decision was appealed to the Supreme Court.
Switzerland
Corporate Finance/M&A
Overview (May 2012)
Including: Significant M&A transactions over the past year; Public takeovers; Recent legislative changes; Impact on transaction planning; Opting out; Further proposed changes.
Media & Entertainment
In a landmark ruling based on breach of substantive public policy, the Supreme Court has overruled a Court of Arbitration for Sport award which confirmed a decision of the International Federation of Association Football Disciplinary Committee. The decision had found a Brazilian football player and a Spanish football club guilty of breaching their obligations towards Ukrainian football club Shakhtar Donetsk.
United Kingdom
Insolvency & Restructuring
The High Court recently considered applications to challenge jurisdiction and to stay or strike out English proceedings against a Dutch bankruptcy trustee of an insolvent company. It clarified the scope of the insolvency exception in the EU Insolvency Regulation and the EU Judgments Regulation, and provided guidance on determining whether there is a sufficiently close connection to the insolvency proceedings.
USA
Banking
The Federal Reserve System Board of Governors recently issued a supplemental notice of proposed rulemaking and a request for comment that would amend the board's Regulation Y to establish the criteria for determining whether a company is 'predominantly engaged in financial activities' for purposes of Title I of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act.
Corporate Finance/M&A
Delaware Chancellor Leo Strine recently enjoined an attempted hostile takeover due to a breach of two confidentiality agreements. This decision provides one of the most detailed analyses of confidentiality agreement provisions in recent memory (or perhaps ever), and has the effect of implying a standstill provision into a confidentiality agreement where no overt standstill had been negotiated between the parties.
Environment
As part of its ongoing effort to "modernize and reinvigorate" the National Environmental Policy Act, the White House Council on Environmental Quality recently issued guidelines for streamlining federal environmental reviews under the act. The 15-page guidance document primarily provides an overview of the time-saving strategies and tools contained in various existing council regulations.
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