One of the most important steps in setting up a new business is finding a name for the company. When choosing a name, the two main concerns are usually the meaning of the name and its availability for use. Given that there are countless businesses already established, it is a challenge for a new firm to select a name that benefits its public image without infringing other companies’ intellectual property (IP) rights.
Continue reading “Preventing trade name infringement in Vietnam”
Born from increasing international co-operation on anti-bribery issues and a general acceptance that legislation relating to the issue in the UK is outdated, the Bribery Act 2010 (the 2010 Act) received royal assent on 8 April 2010.
On 21 May 2010, the EU’s General Court ruled that statements made by the French Minister of the Economy in July 2002 to the French press, pledging financial support from the French state to struggling public company France Telecom (FT), and the government’s subsequent offer of a €9m shareholder loan to the company, did not constitute illegal state aid. The judgment overturns a European Commission decision from August 2004, which held that the loan the French government offered FT six months after the Minister’s initial public statements, was illegal state aid. The Commission and French operator Bouygues Telecom challenged the General Court’s ruling by lodging an appeal at the European Court of Justice (ECJ) in August 2010.
Continue reading “Minister’s support is not illegal state aid”
Enforcing a foreign judgment or a foreign award has always been a contentious issue across the globe. More so because concepts of reciprocity of recognition of judgments and awards have become fundamental in determining the enforceability of a judgment or an award. Indian law also has provisions for dealing with this in the statutes governing civil procedures and arbitrations.
Continue reading “Enforcing a foreign non-convention country award in India”
A hot topic in the UK Immigration world is the introduction of an annual quota in respect of migrant workers who enter the UK under either Tiers 1 or 2 of the points-based system (PBS). The government’s stated aim is to ‘reduce net migration to tens rather than hundreds of thousands’. This was a key element of the Conservative Party’s immigration manifesto in the run up to the general election and was arguably a response to growing public concern in the UK surrounding immigration during the recession.
By now, everyone is familiar with the stories in the press about prosecutors and regulators. On the one hand there are swingeing budgets cuts, stripping them of resources and affecting their capacity to investigate. On the other, record fines are being handed down and they are taking every opportunity to remind us that they are effectively managing these cuts, and are still investigating and prosecuting not only individuals but also companies who break the law.
Continue reading “Managing internal investigations: seven key considerations”
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 way of arbitration (when an escalation is inevitable). To this effect, the Middle East needs a world-class arbitration centre. The UAE is fully aware of this and has been working towards its implementation.
Continue reading “Arbitration under UAE law: towards a modern legal framework?”
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 Ltd (Enviroco), whose employees were carrying out tank cleaning services on the vessel at the time of the engine room fire. The Supreme Court overturned the decision of the Inner House in Scotland and approved the opinion of the judge of first instance, Lord Hodge (Farstad Supply AS v Enviroco Ltd & anor [2008] – ‘The Scottish Proceedings’). The second decision relates to proceedings issued in the Chancery Division of the High Court in London by Enviroco against Farstad, which were subject to an appeal to the Court of Appeal (Enviroco Ltd v Farstad Supply AS [2009] – ‘The English Proceedings’).
Continue reading “Indemnity, contribution and the meaning of ‘subsidiary’”
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 example, the so-called CV-BV structures). This article may be helpful to further manage and control the tax risks within such structures. Continue reading “Partnership agreement: review of partner bankruptcy cases”
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.
Continue reading “Reforming the law of defamation: an honest opinion”
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 following the correct procedures, or not understanding what they entail, can elongate the claim and be, at best, the source of professional embarrassment and, at worst, a cause for an extra costs liability for the defaulting party in question (see Business Environment Bow Lane Ltd v Deanwater Estates Ltd [2008]).
Continue reading “Dilapidations procedure: the latest position”
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 to adjourn Commercial Court proceedings, allowing the parties time to consider whether the issues in dispute ought to be referred to a process of mediation, conciliation or arbitration.
Continue reading “Recent developments in ADR: welcome changes for commercial dispute resolution”