April 2010

Tier 4 student visas: tough new rules for foreign students | Magrath Sheldrick LLP

On 10 February 2010 the Secretary of State for the Home Department, Alan Johnson, announced that foreign students from outside Europe wishing to come and study in the UK would be required to meet stricter entry criteria. The announcement follows the Prime Minister’s announcement of a review of the Tier 4 route under the points-based …

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Extradition risks in the spotlight | DLA Piper

In principle, there can be no argument that someone who commits an offence in one country should be able to avoid justice by fleeing to another. Generally, it is likely to be in the interests of justice for the trial to take place in the country where the crime was committed. Provided that fundamental human …

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Carrying outcross-border mergers in central, eastern and south-eastern Europe | Wolf Theiss

After advising a client on merging a group of companies across several countries, we realised there was a need for a firm-wide effort to research and compile a guide on how to successfully carry out multijurisdictional mergers. The project focused on the 12 countries in central, eastern and south-eastern Europe (CEE and SEE) where Wolf …

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Recent developments in tax case law | Jones Day

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.

Jurisdiction clauses: clear and precise incorporation is needed | Edwards Wildman Palmer UK LLP

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 …

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Use of trusts for asset protection in the UAE | Baker & McKenzie Habib Al Mulla

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.

Practical tips for compliance with anti-corruption legislation | Blake, Cassels & Graydon LLP

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 …

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Scottish arbitration | Brodies

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?

Enviroco: what now for the meaning of subsidiaries? | Norton Rose Fulbright

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.

Landlord and undertenant insolvency: the sandwiched tenant | CMS Cameron McKenna

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 …

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Legislative advice for establishing LLCs and JVs | Baker & McKenzie Habib Al Mulla

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 …

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Changes to corporate law in 2010 | Boekel

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.