The beginning of 2010 has been marked by several important tax cases, which stand out either because they are indicative of the attitude of tax authorities or concern points of law that might have consequences for all taxpayers.
In a contractual dispute (or indeed any dispute), involving at least one party domiciled in an EU member state, the choice of jurisdiction will be governed by Brussels II (Council Regulation (EC) No 44/2001). This regulation sets out when the courts of a member state should have jurisdiction. It also allows the parties to opt …
Continue reading “Jurisdiction clauses: clear and precise incorporation is needed”
Significant legislative changes have taken place in the UAE within the relatively recent past that enable investors and others to use trusts to creatively hold and manage their assets and businesses.
Any company conducting business abroad is exposed to the potential application of anti-corruption legislation. In fact, in a recent survey of business executives, 63% of respondents indicated they had encountered some form of actual or attempted corruption. Increasingly, authorities have devoted significant resources to the enforcement of anti-corruption measures. This enhanced enforcement trend is reflected …
Continue reading “Practical tips for compliance with anti-corruption legislation”
The Arbitration (Scotland) Act 2010 (the 2010 Act) was passed by the Scottish parliament on 18 November 2009 and will come into effect later this year (the latest estimates are for June 2010). What changes does it introduce and what impact will it have on dispute resolution in Scotland?
The recent decision in Enviroco Ltd v Farstad Supply A/S [2009] has prompted debate and consideration of how corporate structure has, and should be, defined going forward, and the potential impact this may have on group companies’ financial and commercial dealings.
The insolvency of a party to a commercial lease, whether it be the landlord, tenant or an undertenant, is going to impose restrictions on, and limit the rights and powers of, the other parties to the lease. Being aware of all the options is therefore imperative to making the best of what is always going …
Continue reading “Landlord and undertenant insolvency: the sandwiched tenant”
Foreign corporate ownership in the UAE presents an interesting opportunity for entities, whether they are corporate bodies or individuals, seeking to establish a foothold in the Middle East. There are a myriad of corporate vehicles available, with a structure to suit the majority of potential commercial goals. This article aims to provide a brief overview …
Continue reading “Legislative advice for establishing LLCs and JVs”
Dutch corporate law needs to be modernised to make it more appealing at an international level. The Dutch Lower House adopted five legislative proposals in December 2009 that are meant to contribute to this modernisation. These proposals will be discussed in this article.
The past month has seen the publication of some dramatic proposals and legislation that will significantly affect environmental and energy-based businesses. This article is devoted to four of these key developments. The first one of these is the new civil sanctions regime. It will increase the options available to regulators and will provide alternative sanctions …
Continue reading “Four key developments in regulation shake-up”
It is well recognised that the Internet has made the world a smaller place. Not just by the easier methods of communication and the exchange of information, but also to commerce and the availability of new, larger markets to buy and sell to. These changes have provided opportunities for small businesses to reach a potential …
One of the main factors behind many settlements of civil claims is that settlement will achieve certainty for the parties. Further, the settlement of civil disputes is encouraged at every stage of the litigation (and pre-action) process. Parties to disputes have also been equipped by the Civil Procedure Rules (CPR) with powerful settlement weapons, in …
Continue reading “Making certainty certain: the operation of settlement offers under CPR 36”