the plurilateral Anti-Counterfeiting Trade Agreement (ACTA) is currently being negotiated by Australia, Canada, Japan, Mexico, Morocco, New Zealand, Korea, Singapore, Switzerland, the US and the EU, in response to the ever-increasing international trade in counterfeit goods. It is hoped that the large emerging economies, often the source of counterfeit goods, will ultimately sign up to ACTA.
Do strangers to an insurance contract have a right to claim against the insurers?
Imagine the situation: your company has a significant claim against a supplier for breach of contract and/or negligence. Following the original tender process you are aware that the supplier has the benefit of liability insurance, you know the identity of the insurers and the levels of cover available. You suspect that the supplier itself is in financial difficulties or, worse still, it is in fact insolvent. In what circumstances can you circumvent the insured wrongdoer and proceed directly against the insurers? The purpose of this article is to compare and contrast the position under English and French law.
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New legislation on genetically modified produce
The Debate over Genetically Modified organisms (GMOs) has been active for several years now. In 2005 the media regularly depicted protesters against GM trials. The debate may have largely subsided since then but it has risen again recently with news that scientists at Bristol and Liverpool universities have cracked the complete genetic code of wheat. GM hit the headlines again when an American newspaper quoted an unnamed British farmer, who claimed to be selling milk from a clone-derived animal. So what is the future of GMOs?
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The revised UNCITRAL Arbitration Rules
On 25 June 2010, the United Nations Commission on International Trade Law (UNCITRAL) adopted its revised arbitration rules (the UNCITRAL Rules).1 The new rules replace the successful UNCITRAL Arbitration Rules adopted in 1976 (the 1976 Rules).2 The revision was not intended to change the structure, the spirit or the drafting style of the 1976 Rules, and should maintain the flexibility that contributed to their success in the past.3
Bribery Act 2010 and operational issues for businesses
The Bribery Act 2010 (the 2010 Act) is due to come into force in April 2011. The potential commercial impact of the 2010 Act is something that many organisations will have to face and businesses should start their preparations for putting in place appropriate compliance systems.
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Exclusion of liability: Court of Appeal holds ex-gratia payments are recoverable
An injured party is entitled to claim for damages in compensation for breach of contract by the guilty party, provided the damages are not too remote. The principle for the remoteness of damages was first laid down in Hadley & anor v Baxendale & ors [1854], and has stood as good law ever since.
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Abu Dhabi real estate: safeguarding investors’ rights
Past years have witnessed huge growth in the real estate realm of the UAE. Investors from across the world were queuing up to ensure their piece of property in the region. The boom touched more or less the whole of the country, though the emirates of Dubai and Abu Dhabi were the biggest beneficiaries.
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Commercial litigation in Scotland: fast and flexible
Most commercial organisations try to avoid court actions if at all possible. The fear of becoming embroiled in a long-running and potentially intractable dispute understandably puts many businesses off enforcement of their contractual rights through standard legal channels. Alternative means of dispute resolution have sprung up to fill the gap. Mediation, arbitration and adjudication have all proved successful to greater or lesser degrees in achieving resolution of disputes away from the pressures of the courtroom.
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IPOs of Dutch public companies: practical notes
Dutch Public companies, NVs (Naamloze Vennootschappen), are commonly selected as entities for initial public offerings (IPOs), mostly through conversions of existing Dutch private limited companies (BVs or Besloten Vennootschappen) that are part of the group for the purpose of tax structuring. The purpose of this article is to give in-house counsel a headstart on the preparations of an IPO of a Dutch public company by highlighting a few practical aspects relating to the issuer’s prospectus and corporate governance structure that need to be considered and decided at an early stage of the IPO.
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Protecting corporate reputations during deal times
Generally speaking, 2010 has not been a good year for the M&A market. According to recent data published by Dealogic, global M&A volumes have dropped to their lowest levels in six years, reaching only £785bn in the first six months of the year, a mere 3% increase on the same period last year.1 Continue reading “Protecting corporate reputations during deal times”
Property and telecoms: easy money, but at what risk?
It is estimated that in 2009 there were in excess of 70 million mobile phone connections in the UK.
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Ireland’s outsourcing future: challenges and opportunities
Outsourcing is a key strategic decision for businesses, enabling more efficient operation through a focus on core areas, while leveraging the capabilities and scale of specialist service providers to effectively operate non-core areas. The economic downturn has increased the pressure on businesses, in Ireland and globally, large-scale corporations and SMEs, to maximise competitiveness while controlling the cost base. Outsourcing can be a valuable method of achieving this balance. As outsourcing transactions move further up the value chain, in-house counsel have a key role to play, both at the strategic decision stage in evaluating risks and identifying key issues, and then in implementing the decision to outsource by co-ordinating the procurement and contract negotiation process in conjunction with internal stakeholders and external advisors. This article offers an overviewof key trends and future developments in the Irish outsourcing market, together with some useful guidelines to assist in-house counsel and their organisations, both to effectively manage the outsourcing process and to achieve successful long-term outsourcing relationships.
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