Latest updates
Patent illegality: Supreme Court travels a long road to tame a herd of unruly horses
Khaitan & Co- Arbitration & ADR
- India
- 16 July 2020
The patent illegality ground was formally introduced to the Arbitration and Conciliation Act 1996 by way of the Arbitration and Conciliation (Amendment) Act 2015. Prior to 2015, the scope of this ground of challenge was set out in various Supreme Court decisions stemming from Oil & Natural Gas Corporation Ltd v Saw Pipes Ltd. This article examines the genesis of patent illegality and tracks its trajectory from Oil & Natural Gas Corporation.
Pharmaceutical distributor found guilty of excessive pricing
Gorrissen Federspiel- Competition & Antitrust
- Denmark
- 16 July 2020
The Maritime and Commercial High Court recently found that a pharmaceutical distributor had abused its dominant position in Denmark by charging excessive prices (a price increase of 2,000%). The pharmaceutical sector has received increased scrutiny from the competition authorities in recent years. The case is particularly relevant to the application of competition law during the COVID-19 crisis, as even short periods of dominance are sufficient to establish abuse of a dominant position.
Supreme Court scrutinises decision awarding costs to losing party
Graf & Pitkowitz Rechtsanwalte GmbH- Arbitration & ADR
- Austria
- 16 July 2020
The Supreme Court recently considered whether a final arbitral award on the reimbursement of costs violated Austrian public policy. The claimant had ultimately succeeded in the arbitration conducted under the rules of the International Court of Arbitration of the International Chamber of Commerce. Nevertheless, the cost decision ordered it to reimburse the respondent's costs. The Supreme Court dismissed the claimant's request to set aside the cost decision.
Two instances in which statutory regime amounts to deference of arbitration
William KW Leung & Co- Arbitration & ADR
- Hong Kong
- 16 July 2020
The Hong Kong courts' pro-arbitration attitude is evident from the continuous refinement of their dispute resolution mechanism. Such efforts are distinctly remarkable in commercial contexts, as demonstrated by the dynamics between the statutory company regime and the arbitration regime. Observing such intriguing interplay between the two regimes, this article examines recent decisions in disputes arising from corporate affairs and disputes relating to insolvency.
Three for one: austerity initiative to blend regulatory and antitrust institutions
SAI Law & Economics- Competition & Antitrust
- Mexico
- 16 July 2020
Senator Ricardo Monreal of the National Regeneration Party recently presented a reform initiative to amend Articles 27 and 28 of the Constitution to join (and extinguish) three state organs which he believes share certain powers and competencies – namely, the Federal Economic Competition Commission, the Federal Telecommunications Institute and the Energy Regulatory Commission. The resulting organ would be the National Institute of Markets and Competition for Welfare.
New e-government law will streamline administrative proceedings
Rato, Ling, Lei & Cortés Advogados- Private Client & Offshore Services
- Macau
- 16 July 2020
In Macau, administrative acts must generally be performed in writing. Thus, given the way in which COVID-19 has affected everyday life, Law 2/2020, which was recently approved by the General Assembly, could not have come at a more appropriate time. This e-government law enables public bodies to undertake various actions and formalities electronically and, together with Law 5/2005, provides the tools for modern, paperless proceedings.
Finance Act 2020: COVID-19 and high-net-worth individuals
Cyril Amarchand Mangaldas- Private Client & Offshore Services
- India
- 16 July 2020
The Finance Bill 2020 was presented as the Union Finance Budget in February 2020 and was finally passed on 23 March 2020, with certain key amendments. Following the proposals in the budget, the government received feedback and representations from various stakeholders, some of which it appears to have taken into consideration in amending the bill before its passing. However, the budget's goals of wealth creation are unlikely to be fulfilled given the havoc that COVID-19 has wreaked on economic stability.
New regulatory regime for virtual assets
Ogier- Private Client & Offshore Services
- Cayman Islands
- 16 July 2020
The Cayman Islands recently introduced a new framework for regulating virtual asset businesses: the Virtual Assets (Service Providers) Law 2020. The law derives from recommendations made by the Financial Action Task Force and provides for the regulation of virtual asset businesses and the registration and licensing of persons which provide virtual asset services. In addition, the government has amended a number of existing laws to extend to virtual assets.
New fast-track licensing regime for managers of overseas collective investment schemes
Ogier- Private Client & Offshore Services
- Guernsey
- 16 July 2020
The Guernsey Financial Services Commission recently announced the launch of a new fast-track application regime for managers of overseas collective investment schemes. The intention is to make the process as simple as possible for such managers looking to apply for a Guernsey licence. The regime is available for managers migrating to Guernsey, as well as managers looking to establish a new Guernsey entity.
Intermeddling offence: revised guidelines issued
Ogier- Private Client & Offshore Services
- Jersey
- 16 July 2020
In Jersey, it is a criminal offence to take possession or in any way administer the movable estate of a deceased person before a grant of probate has been obtained (the intermeddling offence). Her Majesty's attorney general is responsible for deciding whether to commence criminal proceedings in Jersey, including for the intermeddling offence. The need to comply with Jersey's probate requirements was underscored by the recent conviction of two financial services firms for intermeddling.
COVID-19: new post-crisis employment law provisions
Castegnaro- Employment & Immigration
- Luxembourg
- 15 July 2020
The Law of 20 June 2020 introduces a temporary exemption to certain employment law provisions relating to the state of crisis caused by COVID-19 and modifications to the Labour Code. The law takes over from the grand ducal regulations that implemented certain employment law exemptions based on Article 32(4) of the Constitution, which became obsolete at the end of the state of crisis.
Anti-crisis shield updates
Sołtysiński Kawecki & Szlęzak- Employment & Immigration
- Poland
- 15 July 2020
In response to the COVID-19 pandemic, the government introduced a package of measures known as the 'anti-crisis shield'. This article summarises the employment-related measures offered under the different versions of the anti-crisis shield relief packages, covering topics such as exemptions from social security contributions, downtime relief payments and reduced working time.
Updated guide to immigration implications of COVID-19 for employers
Lewis Silkin- Employment & Immigration
- United Kingdom
- 15 July 2020
This article sets out the main immigration law issues and Home Office guidance of which employers need to be aware so that they can consider the implications of the COVID-19 pandemic for their business. It summarises the latest updates and provides further details on issues ranging from logistical considerations to Tier 2 and prevention of illegal working requirements.
COVID-19: non-application of reimbursement obligations under EU Flight Delay Compensation Regulation
Augusta Abogados- Aviation
- European Union
- 15 July 2020
The spread of COVID-19 has had a significant impact on air traffic. The result of this once-in-a-century pandemic has been the global collapse of air travel. This has obviously led to a large number of complaints from affected passengers. This article looks at non-application of reimbursement and compensation claims under the EU Flight Delay Compensation Regulation in this context.
Share-related benefits granted by foreign parent companies: Esko strengthens view that social security contributions are due
ALTIUS- Employment & Immigration
- Belgium
- 15 July 2020
Benefits in general – and shares and restricted stock units in particular – attributed by a third party (eg, a foreign parent company) to employees of a Belgian (group) company will, in principle, be subject to Belgian social security contributions. If followed, the Ghent Labour Court of Appeal's recent decision in Esko will make it even harder, if not impossible, for international groups to avoid the payment of social security contributions.
MRO agreements from airlines' perspective – combating effects of COVID-19
Arnecke Sibeth Dabelstein- Aviation
- Germany
- 15 July 2020
Under long-term maintenance, repair and overhaul (MRO) agreements, airlines must usually pay a certain rate per flight hour to obtain engine or other component maintenance and repair services or just to have access to a certain spare parts pool. However, during the COVID-19 pandemic, most airlines have ceased their entire flight operations. This article addresses possible contractual clauses and statutory rights on which a claim to adjust payment obligations under an MRO agreement may be based.
DOT, HHS and DHS issue joint COVID-19 guidance to airlines and airports
Cozen O'Connor- Aviation
- USA
- 15 July 2020
The Departments of Transportation, Health and Human Services and Homeland Security recently issued a non-binding guidance document which recommends that airports and airlines implement specific measures to mitigate public health risks associated with COVID-19, prepare for increased travel volume and ensure that aviation safety and security are not compromised.
Local lockdowns: HR and employment law issues
Lewis Silkin- Employment & Immigration
- United Kingdom
- 15 July 2020
As national lockdown restrictions begin to ease, employers can expect local lockdowns to become more common. This article explores the relevant HR and employment law issues, including with regard to employee pay, refurloughing and staffing workplaces that are trying to stay open.
Bareboat registration – new initiative to retain Norway's position as leading maritime nation
Wikborg Rein- Shipping & Transport
- Norway
- 15 July 2020
The Norwegian regulations on ship registration have been criticised for being complicated and outdated, thereby making the Norwegian ship registers unattractive compared with more flexible alternatives offered by the so-called 'flags of convenience'. In response to such criticism, Parliament recently passed a bill effecting certain amendments to the relevant legislation aimed at opening up and facilitating the parallel registration of ships (bareboat registration) both in and out of the Norwegian ship registers.
Appeal court finds that carrier had strengthened obligation to furnish facts in CMR claim
AKD- Shipping & Transport
- Netherlands
- 15 July 2020
The Netherlands has historically been a friendly jurisdiction for Convention on the Contract for the International Carriage of Goods by Road (CMR) carriers. However, there are some exceptions. In certain circumstances, a claimant may be able to rely on a carrier's 'strengthened obligation to furnish facts'. The Den Bosch Appeal Court recently held that a CMR carrier had such a strengthened obligation in order to enable the claimant to meet its burden of proof regarding (the fault equivalent of) wilful misconduct.
