In light of the recent economic developments in the gulf region and more specifically in the UAE, many disputes have stemmed out of contracts. To be in a position to claim damages under contracts (amongst other remedies offered by the UAE legal system) the claimant or the defendant should be more familiar with the contractual …
Lord Justice Jackson, in his recent report on litigation costs (‘Review of Civil Litigation Costs: Final Report’), lamented the under-utilisation of alternative dispute resolution (ADR) – and especially mediation – in civil litigation. Increasingly, the cost-effectiveness of mediation as a tool for dispute resolution is being recognised by the government. The added benefit of workplace …
Continue reading “Workplace mediation: an overlooked method of dispute resolution”
The rising divorce rate and some well-publicised settlements running into tens of millions of pounds have focused attention on a growing issue in divorce cases: just how far can spouses go to obtain information about their partner’s financial affairs? Uncertainty about legal outcomes adds to the temptation for well-heeled spouses to disregard their obligation to …
Continue reading “Divorce and the media: the courts, the pay-outs and the speculation”
The Netherlands has many different supervisory authorities, including the General Inspection Service, the Health and Safety Inspectorate, the Netherlands Authority for the Financial Markets, the Netherlands Consumer Authority, De Nederlandsche Bank (the Dutch central bank), the Health Care Inspectorate, the Netherlands Competition Authority, and the Inspection Department of the Ministry of Housing, Spatial Planning and …
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Sales and leasebacks of real estate remain an often used mechanism to raise capital, improve operational cash flow, and, all being well, returns on investment. They range from a simply structured transaction involving a straight sale and leaseback, often through auctions, to the most complex structures involving large multimillion-pound portfolios with complex arrangements for the …
It is now over three months since Lord Gill’s ‘Report of the Scottish Civil Courts Review’ was published. Most commentators agree that the 206 recommendations represent a radical and landmark change to Scotland’s court system.
Based in Dubai, Habib Al Mulla & Company has witnessed first hand the worst effects of the 2009 financial crisis. The Dubai construction market has suffered more than most and the number of construction cases through the Dubai International Arbitration Centre (DIAC) has tripled over the course of 2009. The launch of the DIFC LCIA …
Continue reading “Middle East Construction in 2009: an annus horribilis”
The current financial crisis has undoubtedly dampened the initial enthusiasm over public-private partnerships (PPP). However, ongoing developments in relevant legislative frameworks, particularly those in central and eastern European (CEE) and south-east European (SEE) countries, suggest that a belief in PPP projects as an alternative to traditional public contracts still exists. PPP PROJECTS AND THE IMPACTOF …
Continue reading “Development of PPP legislation in CEE and SEE countries”
The REACH (Registration, Evaluation, authorisation and restriction of chemical substances) Chemicals Regulation 1907/2006 (REACH) entered into force across the EU on 1 June 2007. UK enforcement of REACH is led by the Health and Safety Executive (HSE). The main purpose of REACH is to ensure a high level of protection of human health and the …
Continue reading “REACH and CLP: chemicals regulation issues for 2010”
On 11 November 2009, the European Commission imposed fines totalling over €173m on companies involved in a cartel in the market for heat stabilisers (Commission decision of 11 November 2009 in case 38.589). This brings the total value of fines imposed by the Commission in 2009 for cartel activity to over €1.6bn. The Commission found …