The Delhi High Court recently granted an anti-arbitration injunction in relation to an arbitration invoked in accordance with the terms of a family trust deed, which provided for arbitration to be governed under the aegis of the International Chamber of Commerce, by holding that disputes in relation to trusts are non-arbitrable. The court ruled that it is the prerogative of the courts (and not arbitral tribunals) to determine the arbitrability of a dispute, notwithstanding the competence-competence principle.
The Hungarian Competition Authority's (HCA's) recent decision in an abuse of significant market power case against Spar has created a forward-looking solution which is unprecedented in such cases. As a proactive reparation for the competition infringement and in order to avoid an HCA fine, the supermarket chain will develop a new regional supply system. The programme will have a budget of HUF1.7 billion and will not only improve small producers' sales opportunities, but also create new jobs.
In August 2020 the Commission for the Protection of Competition (CPC) reopened its in-depth review of the sale of CEZ's Bulgarian assets to Eurohold. Based on the collected data in the course of the investigation, the CPC concluded that the merging of two large economic groups operating in the electricity and insurance sectors did not create or strengthen a dominant position of the affected markets in which the parties operate. The CPC unconditionally cleared the transaction.
Capital gains tax (CGT) is a tax on the gain in value made when an individual disposes of a capital asset such as a residential property. Most people's homes are exempted from the charge due to principal private residence relief (PPR), which relieves any charge on an individual's only or main residence. However, individuals must be wary of unexpected CGT bills on their main home. The most likely cause of this is the property not being the main residence for a period, meaning that PPR has to be pro-rated.
This article analyses the role of conventional wisdom in the promotion of efficient arbitration proceedings. It identifies numerous ideas and principles which are generally accepted and ensure the functioning of the arbitration process. However, questioning the meaning of conventional wisdom and identifying the principles which constitute it first requires an examination of the foundations of international arbitration.
A new administration at the federal government level may mean tax law changes during 2021. Although unlikely to apply retroactively, advisers to international families should keep an eye on US tax developments, including increased information reporting. This overview provides a summary of the general framework for US gift, estate and generation-skipping transfer taxes and describes some of the many income tax and reporting obligations imposed on both US and non-US persons.
Although the Macau regulator has reported that the potential use of a digital yuan in Macau's casinos is 'fake news', this new form of currency could jeopardise the gaming promotion activity that has underpinned the entire industry since the 1980s. A centralised, trackable and seizable digital currency would provide never-before-seen visibility over clash flows to the city cages. This could singlehandedly cut off the shadow banking and money laundering activities that have plagued economies worldwide.
This article highlights recent amendments to employment law, including with regard to increases to the cost of living, amendments to the minimum wage, confirmation of public holidays and vacation leave in 2021 and clarification of the Industrial Tribunal's jurisdiction, particularly with respect to fixed-term contracts.
Under the new immigration system launched on 1 December 2020, the skilled worker route has replaced Tier 2 (General). Benefits for employers include the fact that there are fewer restrictions on switching to the Skilled Worker visa from within the United Kingdom, the skills threshold has been lowered to Regulated Qualifications Framework Level 3, the salary thresholds have been reduced and the resident labour market test has been removed.
The government has launched the 'Making Remote Work' National Remote Work Strategy, which aims to ensure that remote working "is a permanent feature in the Irish workplace that maximises economic, social and environmental benefits". Under the strategy, the government promises to, among other things, mandate that remote work be the norm for 20% of public sector employees and develop a code of practice for the right to disconnect.
Rome Fiumicino Airport is the first Italian airport, and one of the first worldwide, to have implemented a protocol to operate COVID-19-tested flights. Pursuant to the applicable ministerial decree, in order to be exempt from mandatory quarantine on arrival in Italy, passengers must show a certificate proving a negative molecular COVID-19 test or an antigen rapid test, carried out within 48 hours before the flight. Otherwise, they must undergo an antigen rapid test at the departure airport directly before boarding.
The National Transportation Safety Board (NTSB) investigates aviation, railroad, highway, marine and pipeline accidents to determine their probable cause and issues safety recommendations to reduce the risk of future accidents. This article provides companies with an overview of how they can best prepare for NTSB investigations into transport accidents.
In a recent case, the Court of Appeal revisited the so-called 'costs-plus' rule and considered the extent to which employers can rely on cost and budget considerations when justifying policies that may disadvantage some protected groups. If employers have a policy which is indirectly discriminatory and their aim is no more than to save money, the Court of Appeal has ruled that this cannot justify the discrimination. However, needing to balance the books can be a valid justification for indirect discrimination.
Many businesses appear to be more optimistic about the economic opportunities ahead in 2021. However, with news of a more virulent COVID-19 strain spreading internationally and a continuing impact on business travel, client meetings and office attendance, companies and HR managers must continue to be proactive, mindful and practical in relation to their workforce management. This article discusses five key areas of concern for businesses and the associated practical considerations.
In a recent case, the Admiralty Court considered whether, in an admiralty action, an intervener (ie, a party other than the proper defendant) can apply to set aside a warrant of arrest of a vessel on non-traditional grounds. The court's decision shows that it has the inherent power to lift, discontinue or set aside a warrant of arrest on account of the arresting party's failure to comply with an order of the court.
The introduction of three new bills will herald the dawning of a new age in aviation in The Bahamas and position the jurisdiction to attain the international recognition that it deserves. These bills – the Civil Aviation Bill, the Civil Aviation Authority Bill and the Air Navigation Services Authority Bill – address the issues arising from, and remedy the defects found in, the 2017 International Civil Aviation Organisation audit, the current Civil Aviation Act and the Civil Aviation (General) Regulations.
Since the World Health Organisation declared the COVID-19 outbreak a pandemic on 11 March 2020, governments worldwide have made significant efforts to cope with this unforeseen situation and control the spread of the virus. A complex maze of laws, regulations, directives, recommendations and instructions has made it difficult to identify the obligations of air passengers. This article looks at the various travel restrictions which have been introduced in Spain to help combat the spread of COVID-19.
Pursuant to three presidential decrees recently published in the Official Gazette, the termination ban and unilateral unpaid leave, which were due to expire by 17 January 2021, have been extended until 17 March 2021. Further, the short-time working allowance granted to workplaces which had applied until 31 December 2020 has been extended until 28 February 2021. Similarly, the application deadline for the short-time working allowance has been extended until 31 January 2021.
When conducting M&A transactions in Japan, one of the most important considerations is how to handle the target's employment relationships. In Japan, it is generally difficult for an employer to dismiss employees or change their employment conditions to ones which are disadvantageous without obtaining the employees' consent. Therefore, buyers must carefully examine a target's existing employment contracts and the effects of the M&A transaction on its employment relationships.
Remote working has become increasingly common as a result of the COVID-19 pandemic and many companies are considering introducing more permanent arrangements beyond the pandemic. Although remote working has clear benefits for many, it also has negative aspects and practical and legal challenges. This article highlights various topics and issues that employers should consider when introducing a more permanent scheme for working from home.