Germany is a civil law jurisdiction whose laws do not have an express provision on the admissibility of dissenting opinions in arbitration proceedings. Because dissenting opinions by German judges (except Federal Constitutional Court judges) are prohibited as a violation of the secrecy of deliberations principle, the admissibility of dissenting opinions in arbitration proceedings seated in Germany is controversial.
The Supreme Court recently determined the admissibility of conducting an arbitral hearing by means of a videoconference in the context of challenge proceedings. The court held that even where one party opposes, ordering a remote hearing in arbitration is admissible and does not constitute a reason to challenge the arbitral tribunal. This decision must be regarded as a precedential landmark decision as it appears to be the first decision of any apex court worldwide to tackle this issue.
This article looks at the government's introduction of new legislation in relation to beneficial ownership and controlling interests requirements. This new legislation, the Financial Services (Disclosure and Provision of Information) (Jersey) Law 202-, aims to implement in Jersey the requirements set out by the Financial Action Task Force, the intergovernmental body that sets standards for combating money laundering, terrorist financing and other related threats to the integrity of the international financial system.
Guernsey ticks all the right boxes when it comes to private equity – both private and listed. Importantly, Guernsey's private equity regime is simple and established, with sensible proportionate regulation which recognises the sophistication of managers and their investors. Guernsey is the ideal gateway to the United Kingdom and the European Union for US managers who continue to make use of private placement regimes in all of the key markets.
The COVID-19 pandemic has undeniably disrupted the performance of contracts. Although the Paris Commercial Court has ruled the pandemic to be a force majeure event in a commercial contract, this characterisation may not be retained in all situations. This article provides helpful tips to keep in mind when analysing a contractual situation, in light of French law specificities that might be unknown to foreign companies or counsel involved in arbitration proceedings to which French law applies.
Following the first market study in the consumer protection field in 2019 relating to the application of digital comparison tools, the Hungarian Competition Authority did not hesitate to apply its findings in practice. In early 2020 it imposed a record fine on Booking.com BV for unfair commercial practices. This has now been followed by a decision that Szallas.hu, the biggest local market player and a main competitor of Booking.com, engaged in unfair practices. However, this time, no fine was imposed.
This article answers FAQs on restructuring and corporate recovery options available in the Cayman Islands, with respect to domestic procedures, cross-border procedures, creditors, avoidance transactions, contributions to liquidation estates and officer liability.
In May 2020 a bill was passed to provide sickness benefits to employees who are at a higher risk of becoming seriously ill from COVID-19 or the relative of a person who is at a higher risk. The temporary scheme ran until 31 August 2020. Parliament has now passed a new bill which, among other things, extends this scheme until 31 December 2020.
Chancellor of the Exchequer Rishi Sunak has significantly expanded the Job Support Scheme after objections from businesses, particularly those in Tier 2 areas, that they are facing massively reduced demand but less support from the government than Tier 3 businesses legally forced to close. The changes could have a significant impact – but employers have little time to take the steps needed to take advantage of the scheme before it takes effect on 1 November 2020.
The Statement of Changes in Immigration Rules HC 813 was recently published. This key document outlines the features of the government's points-based immigration system and simplifies the language and structure of some areas of the Immigration Rules. The new system will apply to EEA and Swiss nationals, aside from Irish nationals. This article highlights some of the changes that are likely to be of most interest to employers.
The government recently reinforced the urgent measures to limit the further spread of COVID-19. Teleworking is no longer highly recommended, but has become the standard for all employees whose roles allow for telework. Yet, the new rule is less far-reaching than that in place during the first lockdown, as an exception now applies when the continuity of business operations, activities and services does not allow for teleworking.
In June 2020 the Discrimination Legislation (Miscellaneous Amendments) Ordinance 2020 came into effect. The enhanced protections commenced with immediate effect, save for those relating to breastfeeding, which are expected to come into force on 19 June 2021. As a result, the existing anti-discrimination ordinances have been or will be amended to extend protection against discrimination on the ground of breastfeeding and strengthen protection against unlawful discrimination and harassment.
The Supreme Court recently ruled that parties seeking to apply foreign law to a matter in the Maldivian courts have the burden of proving the foreign law to the court. Where a party fails to prove the foreign law, the judge may apply Maldivian law. In light of this, foreign court judgments can be submitted to the Maldivian courts as evidence. Further, a local court decision will be required to enforce a foreign judgment in the Maldives.
In a recent decision, the head of the Commercial Court provided topical guidance on the construction and application of material adverse effect clauses in the context of the COVID-19 pandemic. The judgment highlights the significance of the precise words used and the importance of ensuring, insofar as possible, that they properly reflect the intended allocation of risk between the parties.
The judiciary in Hong Kong recently published a Guidance Note for Case Settlement Conference in Civil Cases in the District Court. The guidance note extends a pilot scheme for facilitating settlement in general civil cases in the District Court. While facilitating the settlement of certain civil disputes is a laudable aim and part of the underlying objectives in the court rules, the guidance note appears to raise more questions than it answers.
In a recent decision, the Royal Court considered – for the first time – whether it can exercise a foreign statutory power on the application of a trustee of a foreign trust. The court concluded that it can do so as a matter of principle and went on to exercise an English statutory power so as to permit the trustees of a trust governed by English law to self-deal. The judgment is a welcome one for trustees in two particular respects.
Law 7251 recently entered into force, allowing the courts to conduct remote hearings through video and audio transmission either upon the parties' request or ex officio under certain circumstances. Although remote hearings are not new to Turkish law, allowing more space for such practices is significant given the COVID-19 pandemic. However, this practice is available only in certain courts and more widespread use may create capacity problems for the existing judiciary infrastructure.
The Beijing IP Court recently denied the inherent and acquired distinctiveness of Van Cleef & Arpels' four-leaf clover 3D trademark. Van Cleef & Arpels appealed before the Beijing High Court and the case is pending. The Beijing IP Court has set a high threshold in assessing the registrability of a 3D trademark which consists of a product shape. It remains to be seen whether this view is shared by the Beijing High Court.
The COVID-19 pandemic has evidenced the need for an efficient and safe system for the electronic prosecution of patent applications and has forced the Mexican Institute of Industrial Property to make such a system available for applications originally filed in paper format. However, as this article shows, the path to this outcome has not been straightforward.
A contractor and claimant, Econpile, has had verdicts delivered by both the Court of Appeal and the High Court on, among other things, the issue of whether an adjudicator has the jurisdiction to decide on a payment claim when the contract has been terminated and whether the contractor is entitled to commence an adjudication proceeding under the Construction Industry Payment and Adjudication Act 2012 after the contract has been terminated.