On 12 September 2011 the International Chamber of Commerce (ICC) published the revised version of its Rules of Arbitration, updating the 1998 Rules. The new Rules of Arbitration of the International Chamber of Commerce (the 2012 Rules)1 will come into force on 1 January 2012 and will be applicable to all ICC arbitrations (with some …
The Court of Appeal was recently given the opportunity to consider the remedy of rescission in Howard-Jones v Tate [2011] and in doing so, stressed a distinction between the remedies that are available to an innocent party where there has been a repudiatory breach of contract, and those situations where rescission ab initio will be …
Continue reading “Court of Appeal denies rescission of transfer of land for breach of contract”
The judgment of the UK Supreme Court in the case of AXA General Insurance Ltd & ors v The Lord Advocate & ors [2011], issued on 12 October 2011, marks the end of a long and winding litigation in which all manner of questions of Scottish public and administrative law have been examined. These include …
Continue reading “AXA ruling raises as many questions as it answers”
The UK Coalition’s programme for government set out that deficit reduction, and continuing to ensure economic recovery were the most urgent issues facing Britain. It then started on a programme to cut public spending. One of the results has been a plethora of legal challenges, directed both against central government and against local government. Typically, …
In-house lawyers handling complex product liability litigation in the US are likely to have to deal with extensive discovery exercises. The plethora of electronic devices used by businesses these days means that costs of electronic discovery (e-discovery) can be significant and substantial resources are required to manage the process.
Ever wondered why that obviously fake, self-righteous review of your company’s service, sits stubbornly underneath your carefully manicured LinkedIn page? Or why that obscure blog attacking your CEO sits firmly on page one of your company’s Google search? Welcome to the murky world of online reputation warfare. Since the dawn of the online search engine, …
Continue reading “How to deal with online conspirators: a sticky problem ”
While we’re all accustomed to accusations of ‘smear campaigns’ and underhand tactics being bandied about in the political arena, we are seeing more examples of both companies and private individuals becoming the victims of such campaigns. They are often well-organised, well-funded, multi-jurisdictional in reach and with the express aim of causing maximum damage to the …
Continue reading “The law of conspiracy: dirty tricks, corporate rivals and brand attacks”
In comparison with some other countries, the English court system operates relatively quickly. However, litigation in this jurisdiction still takes time. As a very rough guideline, and depending on the division where proceedings are issued, a commercial dispute of any complexity is likely to take 12-18 months to reach trial (from the date when proceedings …
Ever since the 1980s, when the Domain name system was introduced, opportunistic entrepreneurs have conducted a profitable trade in domain names – a domain name being the alpha-numeric string that follows the ‘@’ in an email address and the ‘www’ in a web address. This article provides an update on domain name complaints and valuable …
In this article we identify some of the intellectual property issues that will be of importance for anyone involved in technology development in the Middle East, particularly in the context of the many initiatives, largely government financed, that have been undertaken in the region to create a fertile ground for that development.