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.
In recent months we have assisted on several high-value software licensing transactions, all of which involved long debates about the ‘perpetual’ nature of the licences granted. This prompted us to revisit the important lessons to be learned from the judgment recently handed down in BMS Computer Solutions Ltd v AB Agri Ltd [2010], which all …
The Indian IT industry is one of the success stories of the Indian economy, and a large number of American and European corporations have been relying on Indian IT expertise to fulfill their IT needs, both in terms of software development as well as IT-enabled services. According to a report issued by the National Association …
Continue reading “Copyright in outsourced software developed in India”
The US Immigration and Nationality Act (the Immigration Act) – the key federal law governing immigration and citizenship – is one of the more complex and frequently amended US statutes. Together with Title 8 of the Code of Federal Regulations, it contains the rules and regulations for entry to and exclusion from the US by …
Continue reading “New guidance impacts on health-related inadmissibility”
Our previous article ‘Confiscation: the ultimate penalty?’ showed that the law on confiscation, as set out in the Proceeds of Crime Act (POCA) 2002 can have severe financial consequences for both corporates and individuals. The case law and practice that have evolved since the introduction of POCA 2002 is complex and constantly evolving to deal …
Continue reading “Confiscation: practicalities and pitfalls”