The insolvency of a party to a commercial lease, whether it be the landlord, tenant or an undertenant, is going to impose restrictions on, and limit the rights and powers of, the other parties to the lease. Being aware of all the options is therefore imperative to making the best of what is always going …
Continue reading “Landlord and undertenant insolvency: the sandwiched tenant”
Foreign corporate ownership in the UAE presents an interesting opportunity for entities, whether they are corporate bodies or individuals, seeking to establish a foothold in the Middle East. There are a myriad of corporate vehicles available, with a structure to suit the majority of potential commercial goals. This article aims to provide a brief overview …
Continue reading “Legislative advice for establishing LLCs and JVs”
Dutch corporate law needs to be modernised to make it more appealing at an international level. The Dutch Lower House adopted five legislative proposals in December 2009 that are meant to contribute to this modernisation. These proposals will be discussed in this article.
The past month has seen the publication of some dramatic proposals and legislation that will significantly affect environmental and energy-based businesses. This article is devoted to four of these key developments. The first one of these is the new civil sanctions regime. It will increase the options available to regulators and will provide alternative sanctions …
Continue reading “Four key developments in regulation shake-up”
It is well recognised that the Internet has made the world a smaller place. Not just by the easier methods of communication and the exchange of information, but also to commerce and the availability of new, larger markets to buy and sell to. These changes have provided opportunities for small businesses to reach a potential …
One of the main factors behind many settlements of civil claims is that settlement will achieve certainty for the parties. Further, the settlement of civil disputes is encouraged at every stage of the litigation (and pre-action) process. Parties to disputes have also been equipped by the Civil Procedure Rules (CPR) with powerful settlement weapons, in …
Continue reading “Making certainty certain: the operation of settlement offers under CPR 36”
Up to 5% of a firm’s annual turnover may be lost through fraud in the workplace and, according to a recent survey, at least 70% of that fraud is perpetrated by employees. What may surprise many is that most corporate fraud is not billion-euro embezzlement by top directors, but is committed by ordinary workers who …
When an event occurs that triggers a notification provision in an insurance contract, the terms should be complied with before quietly sitting back and waiting for the insurer to exercise its rights to adjust the loss or control any issues that arise, including litigation. It is clearly in the insurer’s interests to minimise the loss …
A Financial Times journalist reporting on the successful approval of a company voluntary arrangement (CVA) by the creditors of JJB Sports plc (JJB) in May 2009 referred to CVAs as:
On 1 March 2010, the European Commission conditionally cleared the proposed merger between Orange UK Ltd (Orange) and T-Mobile (UK) Ltd (T-Mobile), during phase one of its investigation. To resolve the Commission’s competition concerns, the parties have agreed to amend an existing network sharing agreement with Hutchison 3G UK Ltd (H3G) and to divest a …
Continue reading “Commission clears Orange and T-Mobile merger with conditions”
The boom in the Indian economy has been accompanied by an increase in the perception of India as a lucrative avenue for employment. The employment of foreign nationals, especially as skilled or super-specialised labour in areas such as information technology, oil and gas, power projects or to lead Indian operations of multinational companies, is a …
Continue reading “Indian government prescribes new guidelines for work visas”
On 10 February 2010 the Secretary of State for the Home Department, Alan Johnson, announced that foreign students from outside Europe wishing to come and study in the UK would be required to meet stricter entry criteria. The announcement follows the Prime Minister’s announcement of a review of the Tier 4 route under the points-based …
Continue reading “Tier 4 student visas: tough new rules for foreign students”