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co-operation on anti-bribery issues and a general acceptance that legislation relating to the issue in the UK is outdated, the Bribery Act 2010 (the 2010 Act) received royal assent on 8 April 2010.
On 21 May 2010, the EU’s General Court ruled that statements made by the French Minister of the Economy in July 2002 to the French press, pledging financial support from the French state to struggling public company France Telecom (FT), and the government’s subsequent offer of a €9m shareholder loan to the company, did not …
Continue reading “Minister’s support is not illegal state aid”
Enforcing a foreign judgment or a foreign award has always been a contentious issue across the globe. More so because concepts of reciprocity of recognition of judgments and awards have become fundamental in determining the enforceability of a judgment or an award. Indian law also has provisions for dealing with this in the statutes governing …
Continue reading “Enforcing a foreign non-convention country award in India”
A hot topic in the UK Immigration world is the introduction of an annual quota in respect of migrant workers who enter the UK under either Tiers 1 or 2 of the points-based system (PBS). The government’s stated aim is to ‘reduce net migration to tens rather than hundreds of thousands’. This was a key …
By now, everyone is familiar with the stories in the press about prosecutors and regulators. On the one hand there are swingeing budgets cuts, stripping them of resources and affecting their capacity to investigate. On the other, record fines are being handed down and they are taking every opportunity to remind us that they are …
Continue reading “Managing internal investigations: seven key considerations”
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. …
Continue reading “New legislation on genetically modified produce”
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, …
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.
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.
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.
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 …
Continue reading “Commercial litigation in Scotland: fast and flexible”
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 …
Continue reading “IPOs of Dutch public companies: practical notes”