Bharat Aluminum Company v Kaiser Aluminum Technical Services, Inc [2005] (the Balco judgment) concluding that the Indian courts would not have jurisdiction with respect to arbitrations with ‘seat outside India’, either for the purposes of granting interim relief or with respect to entertaining a challenge to foreign arbitral awards in India. With this decision, the …
It has been an eventful few months in Britain, the summer Olympics have been and gone, party conference season is over and suddenly Christmas is on the horizon once again. The UK Border Agency (UKBA) have been equally busy, announcing new policies, further changes to the Immigration Rules and the piloting of a new priority …
Continue reading “Recent developments at the UK Border Agency”
In the government’s recent consultation on the introduction of deferred prosecution agreements (DPAs), one of the reasons given in favour of them was that DPAs would assist with the difficulties of establishing the necessary mens rea of many corporate criminal offences.1 The logic of this is questionable, but, given the current focus on DPAs as …
Continue reading “Establishing the criminal liability of corporations”
Customers may often demand that suppliers’ charge prices that are the same as, or lower than, those charged to other customers. For some time, it has been assumed that these arrangements reduce supply chain costs and therefore benefit competition and consumers. However, this may not always be the case, according to a report (the Report) …
Continue reading “A fresh look at price promises: the impact of competition law”
A new offshore transmission licensing regime (the regime) was introduced in 2009 that set out to radically change the way in which offshore transmission assets (ie those assets connecting offshore generating assets to the onshore electricity networks) were designed, built, funded and operated. Three years on, while many of the underlying mechanics of the regime …
Continue reading “Offshore transmission: the enduring OFTO regime”
When existing, off-the-shelf products do not meet requirements, a customer must obtain a tailor-made product or system. The Court of Appeal has recently considered the implied terms applicable to a contract to design and install a bespoke system, restricting the obligation of the contractor to a duty to take reasonable care only. Although the decision …
Continue reading “Out of the frying pan: an analysis of implied terms in bespoke design contracts”
There has been much discussion about the Scottish independence referendum, due to be held in 2014, the relative merits of ‘Devo Max’ and ‘Devo Plus’, both of which would devolve greater powers to the Scottish Government, and the implications of a lower corporation tax rate north of the border, should the Scottish Government be given …
Sanctions have been an important mechanism in the efforts – by the UN, EU and individual states – to promote international peace and security. Since the early 1990s, and following the experience of implementation of comprehensive sanctions against Iraq, increasing use has been made of so-called targeted sanctions – measures taken against named individuals or …
Continue reading “Targeted financial sanctions: what if the target is wrong?”
In addition to civil product liability claims, a company and its directors could also face criminal charges following the recall of an unsafe product. In part 2 of this two-part series considering post-recall risks, Alison Newstead, partner with Shook Hardy & Bacon International, outlines the potential offences and penalties under the General Product Safety Regulations …
In the recent case of Jackson v Dear & anor [2012], Briggs J considered, among other things, the extent to which traditional tests for implying terms into contracts have been superseded by Lord Hoffmann’s decision in the Privy Council case of (1) Attorney General of Belize (2) ECOM Ltd (3) Belize Telecommunications Ltd v (1) …