September 2010

Case of the vanishing millions | Wolf Theiss

ALTHOUGH you might expect to read the following story in a detective novel, it is in fact an abridged version of events that took place in Amsterdam in the spring of last year.

Standard listing: the jury’s still out? | Charles Russell Speechlys

While there has not been the rush that some commentators anticipated of UK companies to standard listings on the London Stock Exchange (LSE)’s main market (there has been barely a trickle), there continues to be interest and speculation about whether this market will take off. This article considers whether there is a role in UK …

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Rectification possible despite entire agreement clause | Cooley

Freedom of contract is a cornerstone of English contract law. It prevents parties that have struck bad or downright foolish bargains from obtaining judicial assistance when seeking to extricate themselves from their contracts. While courts are understandably loathe to intervene in poorly negotiated contracts, they do have the power to assist in cases of genuine …

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Arbitration under UAE law: towards a modern legal framework? | Baker & McKenzie Habib Al Mulla

The use of arbitration is, to a considerable extent, driven by the emergence of the UAE as the regional business hub of the Middle East. Given the cultural differences between the Middle East and the Western world, the best bet is to resolve disputes arising between parties from these two parts of the world by …

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New era in UK financial services regulation | The In-House Lawyer

The current recession has brought about significant changes in the UK financial services sector, ranging from a hardening of the public’s attitude towards financial institutions to the partial nationalisation of two of the largest banks in the world (at a cost of billions of pounds). The UK’s first coalition government for 70 years is making …

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Indemnity, contribution and the meaning of ‘subsidiary’ | Brodies

There have been two very interesting appeal court decisions recently arising out of the same incident of an engine room fire on board the vessel ‘MV Far Service’ (the vessel) in July 2002. The first stems from the Scots court proceedings raised by Farstad Supply AS (Farstad), the owners of the vessel against contractors Enviroco …

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Partnership agreement: review of partner bankruptcy cases | Boekel

International structures as used by multinational companies may typically include limited partnerships or general partnerships. If the Netherlands is involved in international structures, the partnerships may be set up in such a way that they qualify as transparent for Dutch tax purposes. Further, partnerships could be used to manage the recognition of taxable income (for …

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Reforming the law of defamation: an honest opinion | Schillings

There have been several recent cases and developments in the law of defamation that have affected the realm of permissible comment and opinion in publications, whether in the media or in a business context. In defamation law this is the defence of fair comment.

Dilapidations procedure: the latest position | Bond Dickinson LLP

Over the past 12 months there has been much debate in the dilapidations world surrounding procedural aspects of making or defending dilapidations claims. While, to some followers of this debate, it might be unfortunate that discussions have centred around procedural rather than substantive issues, a knowledge of appropriate procedures for dilapidations is important nonetheless. Not …

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Recent developments in ADR: welcome changes for commercial dispute resolution | Byrne Wallace

Ireland was initially slow to realise the potential of alternative dispute resolution (ADR) to deliver meaningful and cost-effective outcomes for commercial enterprises involved in disputes. Things changed dramatically with the inception of the Commercial List of the High Court (known colloquially as the Commercial Court) in 2004, which built into its procedural rules a facility …

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Will the UK courts ever be good Europeans? | Rouse

The 1973 European Patent Convention (EPC) harmonised patent law throughout the contracting states and was a very significant achievement. The contracting states include all the member states of the EU and some other European countries.

Which approach to take? | Holman Fenwick Willan

When insolvency law and arbitration meet, the question arises as to how the commencement of the insolvency proceeding affects the ability to arbitrate, the arbitration agreement, the arbitration proceeding and the setting aside proceeding, as well as the recognition and enforcement of the arbitral award.