October 2010

New legislation on genetically modified produce | Burges Salmon

The Debate over Genetically Modified organisms (GMOs) has been active for several years now. In 2005 the media regularly depicted protesters against GM trials. The debate may have largely subsided since then but it has risen again recently with news that scientists at Bristol and Liverpool universities have cracked the complete genetic code of wheat. …

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The revised UNCITRAL Arbitration Rules | Wolf Theiss

On 25 June 2010, the United Nations Commission on International Trade Law (UNCITRAL) adopted its revised arbitration rules (the UNCITRAL Rules).1 The new rules replace the successful UNCITRAL Arbitration Rules adopted in 1976 (the 1976 Rules).2 The revision was not intended to change the structure, the spirit or the drafting style of the 1976 Rules, …

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Bribery Act 2010 and operational issues for businesses | The In-House Lawyer

The Bribery Act 2010 (the 2010 Act) is due to come into force in April 2011. The potential commercial impact of the 2010 Act is something that many organisations will have to face and businesses should start their preparations for putting in place appropriate compliance systems.

Exclusion of liability: Court of Appeal holds ex-gratia payments are recoverable | Cooley

An injured party is entitled to claim for damages in compensation for breach of contract by the guilty party, provided the damages are not too remote. The principle for the remoteness of damages was first laid down in Hadley & anor v Baxendale & ors [1854], and has stood as good law ever since.

Abu Dhabi real estate: safeguarding investors’ rights | Baker & McKenzie Habib Al Mulla

Past years have witnessed huge growth in the real estate realm of the UAE. Investors from across the world were queuing up to ensure their piece of property in the region. The boom touched more or less the whole of the country, though the emirates of Dubai and Abu Dhabi were the biggest beneficiaries.

Commercial litigation in Scotland: fast and flexible | Brodies

Most commercial organisations try to avoid court actions if at all possible. The fear of becoming embroiled in a long-running and potentially intractable dispute understandably puts many businesses off enforcement of their contractual rights through standard legal channels. Alternative means of dispute resolution have sprung up to fill the gap. Mediation, arbitration and adjudication have …

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IPOs of Dutch public companies: practical notes | Boekel

Dutch Public companies, NVs (Naamloze Vennootschappen), are commonly selected as entities for initial public offerings (IPOs), mostly through conversions of existing Dutch private limited companies (BVs or Besloten Vennootschappen) that are part of the group for the purpose of tax structuring. The purpose of this article is to give in-house counsel a headstart on the …

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Protecting corporate reputations during deal times | Schillings

Generally speaking, 2010 has not been a good year for the M&A market. According to recent data published by Dealogic, global M&A volumes have dropped to their lowest levels in six years, reaching only £785bn in the first six months of the year, a mere 3% increase on the same period last year.1

Property and telecoms: easy money, but at what risk? | Bond Dickinson LLP

It is estimated that in 2009 there were in excess of 70 million mobile phone connections in the UK.

Ireland’s outsourcing future: challenges and opportunities | Byrne Wallace

Outsourcing is a key strategic decision for businesses, enabling more efficient operation through a focus on core areas, while leveraging the capabilities and scale of specialist service providers to effectively operate non-core areas. The economic downturn has increased the pressure on businesses, in Ireland and globally, large-scale corporations and SMEs, to maximise competitiveness while controlling …

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Preventing trade name infringement in Vietnam | Rouse

One of the most important steps in setting up a new business is finding a name for the company. When choosing a name, the two main concerns are usually the meaning of the name and its availability for use. Given that there are countless businesses already established, it is a challenge for a new firm …

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Insurance and the Bribery Act 2010 | Holman Fenwick Willan

Born from increasing international co-operation on anti-bribery issues and a general acceptance that legislation relating to the issue in the UK is outdated, the Bribery Act 2010 (the 2010 Act) received royal assent on 8 April 2010.