June 2010

Proposed amendments to arbitration law in India: implications and effect | Amarchand Mangaldas

Indian Legislature has ostensibly put into place a cohesive structure for alternative dispute resolution (ADR) mechanisms, primarily through the Indian Arbitration and Conciliation Act 1996 (the 1996 Act). The 1996 Act is wide in its scope and within its ambit covers arbitrations, as well as conciliations. India, however, is still not a preferred destination for …

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Liability: Transfield revisted | SJ Berwin LLP

In IHL169 we wrote of the effect of the House of Lords judgment in Transfield Shipping Inc v Mercator Shipping Inc [2008] (also referred to as The Achilleas), which cast some doubt on the application of the traditional rule on remoteness set out in Hadley v Baxendale (1854). In short, Transfield found that types of …

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Administrators, landlords and tenants: three key cases | Holman Fenwick Willan

Since the introduction of the Insolvency Act 1986 (the 1986 Act), there has been a standard way of dealing with the leasehold premises of a company in administration as part of the sale of the business. Typically, the business sale agreement provides for the purchaser to occupy the leased premises on the basis of an …

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Insureds’ continuing obligations through the policy period | Debevoise & Plimpton LLP

Apart from specific requirements imposed to minimise the chance of loss, the insurer may also insist on more general obligations, such as a clause requiring the insured to take reasonable care to avoid liability, loss or damage.

Trap orders to establish passing off | Rouse

In most litigation, evidence is everything. This is certainly true of passing off actions where, to succeed, the claimant must prove the classic trinity, namely a reputation and goodwill, a misrepresentation and consequential damage. This article is concerned with the second of those elements, the misrepresentation, and one of the methods of obtaining the evidence …

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E-commerce regulation: a tangled web | Byrne Wallace

The internet promised a revolution in retailing. ‘One-click’ shopping was heralded as the ultimate in ease and comfort for savvy shoppers. While this remains largely true, increasingly the online retailing experience is characterised by a myriad of terms and conditions (T&Cs), privacy policies, order confirmation e-mails and delivery status notifications that need to be either …

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Property litigation: breaking up is hard to do | Bond Dickinson LLP

In the current market, tenants increasingly seek to exercise break clauses of over-rented and unwanted properties, but in so doing have encountered resistance from landlords. Three recent High Court and Court of Appeal decisions underline the difficulties a tenant faces in attempting to effect a break clause in a commercial lease. This article will examine …

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Digital Economy Act 2010: who should be worried? | Schillings

Depending on which newspaper you read, the Digital Economy Act 2010 (the 2010 Act), which became law on 8 April 2010 after a speedy parliamentary ‘wash-up’ procedure, is either going to kill or cure the digital ills of the nation. Certain quarters of the press would have us believe that it is only a matter …

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How to reorganise a business in the Netherlands | Boekel

The current economic situation has forced many companies to reduce costs. Such cost reductions can often only be effected by implementing important changes in the organisation (reorganisation), which most of the time leads to (collective) redundancies. To have a legally valid reorganisation in the Netherlands, there are several statutory requirements to comply with. This article …

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Proposals for regulating the sale of food, drink and tobacco | Brodies

Amid the coverage of the UK general election and its aftermath, the activities of the Scottish Parliament and Scottish government have dropped beneath the radar. Of course, this will only be a temporary absence, particularly since the Scottish media and political parties will soon have to switch their focus to next year’s Scottish Parliamentary elections. …

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