Latest updates

Is 2019 novel coronavirus case of force majeure under Macau law?
Rato, Ling, Lei & Cortés Advogados
  • Private Client & Offshore Services
  • Macau
  • 27 February 2020

Although Macau has largely been spared the human toll of the 2019 novel coronavirus, the region's economy will suffer greatly in the short term. The unpredictable nature of the outbreak and the important human and economic costs deriving therefrom have led to inevitable questions, such as what kind of legal consequences can this virus entail? Further, if the severe economic downturn affects the fulfilment of contracts, could this be a case of force majeure, and could contracts be rescinded on this basis?

CCPC continues trend of imposing behavioural remedies
Matheson
  • Competition & Antitrust
  • Ireland
  • 27 February 2020

In its recent decision on CVC's acquisition of Celtic Rugby DAC (the rights holder in respect of the PRO14 rugby union competition), the Competition and Consumer Protection Commission continued its trend of imposing behavioural remedies which are unusual in an international context. It is difficult to see how this could be right and something in respect of which a commitment could reasonably be given by someone in CVC's position.

Avoiding trust litigation in divorce proceedings
Ogier
  • Private Client & Offshore Services
  • Guernsey
  • 27 February 2020

When considering a trust structure for the express purpose of asset protection within family succession planning, the prospect of divorce is never far from the settlor's or draftsperson's mind. Divorce is a costly undertaking and never more so than when consideration must be given to offshore trust assets and the role of a trustee. Combined with the additional possibility of a successful claim against trust property, the cost has the potential to wipe out the anticipated benefit to future generations.

FCO guidance on B2B platforms: launch of digital agricultural platform approved
Fieldfisher (Germany) LLP
  • Competition & Antitrust
  • Germany
  • 27 February 2020

The Federal Cartel Office (FCO) has raised no objections to the launch of 'Unamera', a digital trading platform for agricultural products. During the review, the FCO provided guidance on the competition law implications of digital platforms, specifically with regard to the obligations where shareholders are active in the same market as the platform's users, the market statistics published on these platforms and the risk of price fixing.

Highlights of AML draft amendment – coming changes to competition law
AnJie Law Firm
  • Competition & Antitrust
  • China
  • 27 February 2020

The State Administration for Market Regulation (SAMR) recently published the Draft Amendment to the Anti-monopoly Law (AML) for public comment. The draft amendment demonstrates the SAMR's strong stance on monopoly behaviour and is based on 12 years of antitrust enforcement. It conveys to the public that the Chinese authorities will strengthen enforcement relating to monopoly conduct. This article provides a summary of the draft amendment's main changes and the practical implications thereof.

Words, words, words: concise reasoning not grounds to vacate award
Kubas Kos Gałkowski
  • Arbitration & ADR
  • Poland
  • 27 February 2020

Parties which lose in arbitration often continue to fight off a claim before a state court in post-arbitral proceedings, despite not having a strong case. This provides a double benefit for Polish arbitration practice: not only are a vast majority of these attempts defeated, but the Supreme Court also has a chance to confirm its pro-arbitration approach. One recent decision underlines that the mere fact that the reasoning of an arbitral award is concise is insufficient grounds to vacate the award.

Inheritance tax reform: APPG proposal paper
Forsters LLP
  • Private Client & Offshore Services
  • United Kingdom
  • 27 February 2020

The All-Party Parliamentary Group for Inheritance and Intergenerational Fairness has published a paper proposing a complete overhaul of the existing UK inheritance tax rules. The paper makes thought-provoking suggestions, and it will be interesting to see whether any of the group's ideas appear in government policy or lead to a consultation in the future.

Family business and group privilege
Preslmayr Attorneys at Law
  • Competition & Antitrust
  • Austria
  • 27 February 2020

The cartel prohibition applies to activities between independent undertakings; however, it does not apply to activities between a controlling and a controlled undertaking, as such a subsidiary would not enjoy economic independence. This concept is referred to as 'single economic entity', which such a 'family' of undertakings may enjoy. In a recent case, the Supreme Court reviewed the question of whether such a concept would also apply in relation to a jointly controlled undertaking.

District court examines scope of arbitration agreements and arbitrability of dispute
George Z Georgiou & Associates LLC
  • Arbitration & ADR
  • Cyprus
  • 27 February 2020

In a recent case before the Limassol District Court, the Russian Television and Radio Broadcasting Network applied for the recognition and enforcement of two arbitral awards which had been issued by the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry. The dispute concerned the breach of two film licensing agreements by the respondent, Trevano Pictures Limited.

International arbitration: local court developments
Courtenay Coye LLP
  • Arbitration & ADR
  • Belize
  • 27 February 2020

Arbitration in Belize is governed by the Arbitration Act. As the act was last amended in 1980 (1980 Ordinance), it has become somewhat outdated. However, the 1980 Ordinance assisted in Belize's assimilation of a modern arbitration enforcement regime by incorporating the New York Convention into domestic law. This article looks at recent arbitration developments in the local courts, including cases concerning qualifications of or challenges to arbitrators and investor-state disputes.

Benefits of Cyprus international trust regime
A G Paphitis & Co
  • Private Client & Offshore Services
  • Cyprus
  • 27 February 2020

The Cyprus International Trusts Law is one of the world's most attractive legal frameworks, as it builds on the well-established English principles of equity and trusts. Under this framework, Cyprus international trusts can be created in most complex situations and enjoy many advantages that cannot be found in aggregate in other trust jurisdictions.

International arbitration: local court developments
Courtenay Coye LLP
  • Private Client & Offshore Services
  • Belize
  • 27 February 2020

Arbitration in Belize is governed by the Arbitration Act. As the act was last amended in 1980 (1980 Ordinance), it has become somewhat outdated. However, the 1980 Ordinance assisted in Belize's assimilation of a modern arbitration enforcement regime by incorporating the New York Convention into domestic law. This article looks at recent arbitration developments in the local courts, including cases concerning qualifications of or challenges to arbitrators and investor-state disputes.

Impact of share or asset sales on employees
Pinsent Masons
  • Employment & Benefits
  • United Arab Emirates
  • 26 February 2020

Share or asset sales can significantly affect employees, particularly with regard to dismissal. This article answers the key questions that all employers should consider when undertaking a share or asset sale, including whether employers must consult with employees beforehand and what protections employees have against dismissal in the context of a share or asset sale.

Consultation on draft Patented Medicines Regulations ends and selected presentations published
Smart & Biggar
  • Healthcare & Life Sciences
  • Canada
  • 26 February 2020

The consultation period for the Patented Medicine Prices Review Board's (PMPRB's) draft guidelines operationalising the amended Patented Medicines Regulations recently ended, after two extensions. Further, the PMPRB has released the presentations from its January 2020 patentee webinar, December 2019 industry forum and December 2019 civil society forum.

New year, new liability under Montreal Convention
Arnecke Sibeth Dabelstein
  • Aviation
  • International
  • 26 February 2020

As of 28 December 2019, the limitations of liability in the Montreal Convention were adjusted. The last adjustment was made in 2009. Prior to that, the liability amounts had remained unchanged for 10 years. The new limits of liability apply to damaging events during air transport which were carried out after the amendments came into force.

Employees' right to sue for constructive dismissal
Fasken
  • Employment & Benefits
  • Canada
  • 26 February 2020

Employees should be treated with dignity and respect. Accordingly, employers risk breaching an employment contract by condoning harassment in the workplace and creating a hostile work environment, which – in turn – may give rise to a constructive dismissal claim. Employers facing a constructive dismissal claim resulting from workplace harassment should assess whether the claim falls within the jurisdiction of workers' compensation legislation, rather than the civil courts.

Zeamarine – what creditors need to know under German law
Arnecke Sibeth Dabelstein
  • Shipping & Transport
  • Germany
  • 26 February 2020

The Bremen Local Court recently designated a provisional bankruptcy administrator responsible for the assets of three companies belonging to the Zeamarine group. All actors in the maritime industry should check whether they have any dealings or outstanding claims against any of the three Zeamarine companies for which bankruptcy proceedings are now pending.

Continuation of remuneration in event of illness: uniformity of incapacity
Mayer Brown
  • Employment & Benefits
  • Germany
  • 26 February 2020

In a recent case, the Federal Labour Court once again had to consider an employee's claim for continued remuneration in case of illness. The decision confirmed that an employee's statutory entitlement to continuation of remuneration is limited to six weeks even if they are suffering from an ongoing illness and, during that time, begin suffering from a different illness which also results in their incapacity to work (the so-called 'uniformity of incapacity' principle).

Workforce reductions and length of service
Homble Olsby | Littler
  • Employment & Benefits
  • Norway
  • 26 February 2020

A recent Supreme Court ruling states that the principle of length of service affects companies' possibility to limit the scope for workforce reductions. This applies to companies bound by a collective bargaining agreement that contains a provision concerning the use of length of service in workforce reductions.

Temporary posting of employees to Poland continues to be problematic
Sołtysiński Kawecki & Szlęzak
  • Employment & Benefits
  • Poland
  • 26 February 2020

Despite the fact that almost four years have passed since the Act of 10 June 2016 on the posting of workers as part of the provision of services entered into force, its application continues to be problematic for foreign employers posting workers to Poland, particularly in regard to keeping and storing records regarding a posted employee's working time. This article answers the key questions raised by the issue.

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