Latest updates

Think before you blink: court halts cross-border requests without consideration
Harney Westwood & Riegels
  • Private Client & Offshore Services
  • British Virgin Islands
  • 18 October 2018

The BVI courts have again stepped in to ensure that proper thought and process is applied to requests made by foreign governmental bodies. In the first case of its kind to successfully challenge the exercise of the attorney general's powers under the Criminal Justice (International Cooperation) Act, the BVI High Court held that the attorney general is required to do more than rubber stamp the requests received under the act.

Structuring ICOs in the Cayman Islands
Ogier
  • Private Client & Offshore Services
  • Cayman Islands
  • 18 October 2018

The Cayman Islands has become a popular choice for many businesses conducting initial coin offerings (ICOs) due to its tax neutrality, its reputation as a pre-eminent jurisdiction for investment funds and its securities law regime, which is generally more permissive than those of other jurisdictions. However, before any steps towards conducting an ICO are taken, it is critical that comprehensive legal and tax advice is obtained for each business before any token is sold or any entity is formed.

Non-signatory to arbitration: right to appeal under Section 37
Khaitan & Co
  • Arbitration & ADR
  • India
  • 18 October 2018

The Bombay High Court recently issued a landmark ruling regarding third parties' right to challenge interim measures granted by an arbitral tribunal under the Arbitration and Conciliation Act. The ruling is a welcome reprieve for non-signatories to arbitration proceedings in situations where disputes between arbitrating parties have a bearing on their rights and interests, as well as a step towards balancing innocent parties' interests.

Product liability claims: Faisal v Younis shows scope of product liability law
Burges Salmon LLP
  • Product Regulation & Liability
  • United Kingdom
  • 18 October 2018

The High Court recently held that a retail store owner was jointly liable with a product manufacturer for an accident that had occurred at his store. The existence of joint and several liability has long been criticised for creating disproportionate liability because it arguably places insured companies at greater risk. Suggested reforms have included the introduction of proportionate liability and a statutory capping regime on insurance claims.

Competition Commission examines deceptive marketing practices in the hotel sector
Vellani & Vellani
  • Competition & Antitrust
  • Pakistan
  • 18 October 2018

The Competition Commission recently conducted an enquiry following a complaint filed by Pakistan Services Limited against a number of other hotel operators for fraudulently using the complainant's registered trademark for the branding of their hotels. The commission found that the respondents had resorted to deceptive marketing practices by adopting marks that were identical or deceptively similar to the complainant's registered marks.

Court examines refusal to deal in private antitrust litigation against Tencent
AnJie Law Firm
  • Competition & Antitrust
  • China
  • 18 October 2018

The Shenzhen Intermediate People's Court recently issued its judgment in the private antitrust litigation brought by domestic software company Shenzhen Micro Source Code Software Development Co Ltd (SMSCSD) against tech giant Tencent. SMSCSD had alleged that Tencent possessed a dominant position in the China mainland market for mobile instant messaging and social platform services and had abused this dominance by blocking its WeChat Official Accounts and engaging in discriminatory practices.

Effects of unauthorised agency on arbitration agreements
Global Law Office
  • Arbitration & ADR
  • China
  • 18 October 2018

The Changsha Intermediate Court recently ruled on whether the arbitration clause in a share transfer agreement had a binding effect on the petitioner – who was a controlling shareholder of a public company – and a company to which he had intended to transfer his shares. The validity of the arbitration clause hinged on whether a director of the public company who had signed the share transfer agreement on the petitioner's behalf could express the petitioner's intention to arbitrate.

How Guernsey is benefiting from global M&A boom
Ogier
  • Private Client & Offshore Services
  • Guernsey
  • 18 October 2018

A variety of factors are fuelling a sustained boom in M&A activity around the world, including a number of mega-deals across a variety of sectors. Irrespective of deal size, a wide range of positive factors has driven deal volume. All of this is good news for the financial services community in Guernsey, which is seeing significant growth in work as a result – not least law firms with experienced M&A teams.

Office for the Protection of Competition gets tougher on fines for competition law infringements
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Czech Republic
  • 18 October 2018

The Office for the Protection of Competition recently adopted new guidelines on the method of setting fines for competition law infringements. The new guidelines are intended to underline the repressive and preventive function of fines. As a result, undertakings can expect higher fines for infringements of competition rules than under the previous regime.

Another failed attempt by Indian government to set aside arbitral award before courts
Shearn Delamore & Co
  • Arbitration & ADR
  • Malaysia
  • 18 October 2018

In 2005 the Indian government unsuccessfully applied to the Malaysian courts to set aside a partial award issued by the arbitral tribunal. In 2014 the Indian government issued the defendants with a notice to show cause, prompting the defendants to request the tribunal to be reconvened since there was a dispute on the quantification of sums payable. The tribunal granted the final award and the Indian government applied to the Malaysian High Court to set it aside.

Delhi High Court clarifies procedural and jurisdictional issues in CCI antitrust inquiry
Vaish Associates Advocates
  • Competition & Antitrust
  • India
  • 18 October 2018

By way of a landmark judgment, the Delhi High Court recently clarified some important procedural ambiguities surrounding an inquiry by the Competition Commission of India (CCI) under the Competition Act. Significantly, the court clarified when a recall application can be filed and stated that while exercising its discretion in permitting cross-examinations under the Competition Commission of India (General) Regulations, the CCI must act judicially.

Establishing international trusts for children
A G Paphitis & Co
  • Private Client & Offshore Services
  • Cyprus
  • 18 October 2018

Typically, a parent's main concern is being able to pay for their children's education and ensuring the best start for them when they grow up and want to purchase property or launch their own business. One way to accomplish these goals is to set up a Cyprus investment trust (CIT), which allows a trustee to manage its assets for the good of the beneficiaries. Setting up a CIT for children is easy and allows parents to tailor a trust to fit their unique circumstances.

Standard setting in roofing felt business was not by object infringement
Gorrissen Federspiel
  • Competition & Antitrust
  • Denmark
  • 18 October 2018

The Competition Appeals Tribunal recently rendered a decision in a case concerning the possible coordination of conduct regarding industry standards in the roofing felt business. The tribunal remitted the case to the Competition Council for renewed assessment because of an insufficient by object assessment. The so-called 'by object box' has been widely debated among legal professionals in Denmark and the rest of the European Union.

Enumeration breakdown – Court of Appeals examines what constitutes a 'unit' under Hague-Visby Rules
Wikborg Rein
  • Shipping & Transport
  • United Kingdom
  • 17 October 2018

In a recent case concerning the enumeration of units for the limitation of containerised cargo, the Court of Appeals was asked to determine whether the Hague-Visby Rules are compulsorily applicable if a bill of lading is not issued, what constitutes a 'unit' under the rules and what enumeration of cargo is required under Article IV.5(c) of the rules. The claim arose following damage to a cargo of frozen bluefin tuna packed into three refrigerated containers, which had occurred during carriage from Cartagena to Japan.

Unsteady grounds – Labour Court doubles award in disability discrimination case
Mason Hayes & Curran
  • Employment & Benefits
  • Ireland
  • 17 October 2018

Employers cannot be expected to hold positions open indefinitely for employees who are absent on extended sick leave. However, as confirmed in a recent Labour Court determination, where an employer proposes to dismiss an employee on the grounds of incapacity or a disability, it is essential that the decision is made based on up-to-date medical advice. Otherwise, the employer may be exposed to claims of discriminatory dismissal or failure to reasonably accommodate the employee.

Parental bereavement bill receives royal assent
Lewis Silkin
  • Employment & Benefits
  • United Kingdom
  • 17 October 2018

The Parental Bereavement (Pay and Leave) Bill recently received royal assent to become the Parental Bereavement (Leave and Pay) Act 2018. The act entitles employed parents who have lost a child to take statutory paid leave to allow them time to grieve. The new rights are expected to come into force in 2020.

Chancery court allows Straight Path stockholders to pursue direct claims against company's former controlling stockholder
Ropes & Gray LLP
  • Corporate Finance/M&A
  • USA
  • 17 October 2018

The Delaware Court of Chancery recently denied a motion to dismiss the claims of Straight Path Communi­cations Inc's stockholders against the company's controlling shareholder. The background of this case involved IDT, which is controlled by its former CEO, Howard Jonas, and was Straight Path's former parent company. When IDT spun out Straight Path, it agreed to indemnify Straight Path for liabilities arising from pre-spin-off conduct.

Health Canada releases statistical report on PMNOC Regulations and data protection
Smart & Biggar/Fetherstonhaugh
  • Healthcare & Life Sciences
  • Canada
  • 17 October 2018

Health Canada recently released the Therapeutic Products Directorate Statistical Report 2017/2018, which provided an overview of its administration of the Patented Medicines (Notice of Compliance) Regulations and data protection regime. The report includes information regarding trends in listing on the Patent Register and the Register of Innovative Drugs, as well as related court activity.

Suspension without pay and constructive dismissal: a refresher
Fasken
  • Employment & Benefits
  • Canada
  • 17 October 2018

Despite agreeing with a trial judge that a casino employee's suspension without pay was a constructive dismissal, the Ontario Court of Appeal reversed the trial judge's award on the question of damages and examined whether the employer had been obliged to offer alternate employment. The court's decision is a reminder of the principles governing suspension without pay during an investigation into employee misconduct.

Judgment on public procurement puts parallel importers at a disadvantage
Advokatfirman Lindahl
  • Healthcare & Life Sciences
  • Sweden
  • 17 October 2018

The Stockholm Administrative Court recently ruled that the obligation on tenderers of public procurements of medicinal products to have routines which ensure that the use and handling of active ingredients would have as little effect on the environment as possible, as well as the obligation that they routinely survey and have dialogue with their subcontractors, were permissible. The decision has been appealed to the Administrative Court of Appeal in Stockholm, which has yet to make a decision.

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