When insolvency law and arbitration meet, the question arises as to how the commencement of the insolvency proceeding affects the ability to arbitrate, the arbitration agreement, the arbitration proceeding and the setting aside proceeding, as well as the recognition and enforcement of the arbitral award.
In recent months we have assisted on several high-value software licensing transactions, all of which involved long debates about the ‘perpetual’ nature of the licences granted. This prompted us to revisit the important lessons to be learned from the judgment recently handed down in BMS Computer Solutions Ltd v AB Agri Ltd [2010], which all …
The Indian IT industry is one of the success stories of the Indian economy, and a large number of American and European corporations have been relying on Indian IT expertise to fulfill their IT needs, both in terms of software development as well as IT-enabled services. According to a report issued by the National Association …
Continue reading “Copyright in outsourced software developed in India”
The US Immigration and Nationality Act (the Immigration Act) – the key federal law governing immigration and citizenship – is one of the more complex and frequently amended US statutes. Together with Title 8 of the Code of Federal Regulations, it contains the rules and regulations for entry to and exclusion from the US by …
Continue reading “New guidance impacts on health-related inadmissibility”
Our previous article ‘Confiscation: the ultimate penalty?’ showed that the law on confiscation, as set out in the Proceeds of Crime Act (POCA) 2002 can have severe financial consequences for both corporates and individuals. The case law and practice that have evolved since the introduction of POCA 2002 is complex and constantly evolving to deal …
Continue reading “Confiscation: practicalities and pitfalls”
The majority of electricity used by businesses in the UK is currently generated by large coal, gas and nuclear power stations, and is often supplied over long distances, via the transmission and distribution networks.
ALTHOUGH you might expect to read the following story in a detective novel, it is in fact an abridged version of events that took place in Amsterdam in the spring of last year.
While there has not been the rush that some commentators anticipated of UK companies to standard listings on the London Stock Exchange (LSE)’s main market (there has been barely a trickle), there continues to be interest and speculation about whether this market will take off. This article considers whether there is a role in UK …
Freedom of contract is a cornerstone of English contract law. It prevents parties that have struck bad or downright foolish bargains from obtaining judicial assistance when seeking to extricate themselves from their contracts. While courts are understandably loathe to intervene in poorly negotiated contracts, they do have the power to assist in cases of genuine …
Continue reading “Rectification possible despite entire agreement clause”
The use of arbitration is, to a considerable extent, driven by the emergence of the UAE as the regional business hub of the Middle East. Given the cultural differences between the Middle East and the Western world, the best bet is to resolve disputes arising between parties from these two parts of the world by …
Continue reading “Arbitration under UAE law: towards a modern legal framework?”
The current recession has brought about significant changes in the UK financial services sector, ranging from a hardening of the public’s attitude towards financial institutions to the partial nationalisation of two of the largest banks in the world (at a cost of billions of pounds). The UK’s first coalition government for 70 years is making …
Continue reading “New era in UK financial services regulation”
There have been two very interesting appeal court decisions recently arising out of the same incident of an engine room fire on board the vessel ‘MV Far Service’ (the vessel) in July 2002. The first stems from the Scots court proceedings raised by Farstad Supply AS (Farstad), the owners of the vessel against contractors Enviroco …
Continue reading “Indemnity, contribution and the meaning of ‘subsidiary’”