Latest updates

Supreme Court confirms right to limit liability
AKD NV
  • Litigation
  • Netherlands
  • August 21 2018

The Supreme Court has reconfirmed the right to limit liability under Dutch law, even in personal injury cases. It held that limitation as such is not a violation of the human right to protection of property under the First Protocol to the European Convention on Human Rights, and that it is nationally and internationally considered necessary that the liability of the carrier is limited or may be limited in the event of a passenger's death or personal injury.

Cross-border insolvency regime – past and future
RPC
  • Litigation
  • Hong Kong
  • August 21 2018

There are no statutory provisions empowering the Hong Kong courts to provide assistance and recognition to foreign insolvency office holders. The courts therefore rely on their inherent power (where appropriate) under the common law principle of modified universalism to provide such assistance. Although the application of this principle is not without its problems, the courts in recent years have shown some willingness to assist the effective implementation of cross-border insolvency and restructuring regimes.

Revisiting shareholder disclosure duties in Swiss rights offerings
Niederer Kraft Frey
  • Capital Markets
  • Switzerland
  • August 21 2018

As in other jurisdictions, under Swiss law there are specific requirements relating to the disclosure of shareholdings and the actions of shareholders for companies whose equity securities are listed in whole or in part in Switzerland, including on Switzerland's main stock exchange, the SIX Swiss Exchange Ltd. This update aims to revisit and provide some practical guidance on certain shareholder disclosure duties in the context of Swiss rights offerings.

Joint venture franchises: the whys and wherefores
  • Franchising
  • International
  • August 21 2018

Franchising provides a flexible model for growth or re-engineering, with a variety of structures to meet different needs. Of all of the structures, the joint venture franchise is the least understood and most likely to cause difficulties if not structured correctly. In order to understand why this is so, it is necessary to consider the rationale for using the joint venture model and the manner in which such a relationship should be structured.

Supreme Court interprets amended Order 30 and meaning of 'completion of the pleadings'
Elias Neocleous & Co LLC
  • Litigation
  • Cyprus
  • August 21 2018

The Supreme Court recently issued a judgment that interpreted the meaning of the term 'completion of the pleadings' as the start of the time limit for issuing an application for directions in accordance with Order 30 of the Civil Procedure Rules. The court noted that Order 30, Rule 1(c) provides no room for saving a claim if the relevant deadlines have expired. The court then considered the appellant's argument that the time limit had not begun with the completion of the pleadings between the plaintiff and the defendant.

Non-party access to documents on court file: normal service resumes
RPC
  • Litigation
  • United Kingdom
  • August 21 2018

A master's decision to allow a non-party to proceedings to access a wide range of documents in the proceedings was recently reviewed by the Court of Appeal. As well as providing useful guidance on how the court should deal with applications by non-parties for access to documents, this case is a reminder to parties to proceedings that they should be aware of the potential loss of confidentiality.

Dishonesty is a serious allegation and must not be pleaded lightly: rolled-up plea is insufficient
  • Litigation
  • Cayman Islands
  • August 21 2018

The Grand Court has set out the requirements for pleading a cause of action of dishonest assistance and reaffirmed the established principles of the defence of estoppel. The decision provides welcome comfort to corporate entities with robust and thorough systems for detecting fraud.

How does insured's fraudulent claim affect third-party insurance rights?
Levitan, Sharon & Co
  • Insurance
  • Israel
  • August 21 2018

The Supreme Court recently examined whether Article 25 of the Insurance Contract Law, which discharges an insurer of liability where an insured or beneficiary submits a fraudulent claim, also applies to third-party claims made in good faith. The court's decision clarifies that fraud by an insured will also affect bona fide third-party claims and that the total discharge of an insurer does not require a causal connection between the fraud and the insurer's liability to be proven.

Court finds P&I club not directly and jointly liable for associate shipowners' debts
Kincaid | Mendes Vianna Advogados
  • Insurance
  • Brazil
  • August 21 2018

The Sixth Civil Chamber of the Rio de Janeiro State Court of Appeals recently decided that a protection and indemnity (P&I) club was not liable for an associate shipowner's debts. In its decision, the court distinguished the P&I club from insurers operating in the Brazilian insurance market. This decision is paramount because it creates an important court precedent regarding P&I clubs' liability for the damages caused to third parties by their associates.

Franchisor caught between rock and hard place: importance of clear exclusivity clauses
Lapointe Rosenstein Marchand Melançon LLP
  • Franchising
  • Canada
  • August 21 2018

Franchise arrangements often involve a three-way relationship whereby franchisors enter into commercial leases with landlords and then sublease the rented premises to franchisees. Such leases often contain an exclusivity clause limiting the landlord's ability to lease nearby commercial space to competitors of the franchise network. The Superior Court of Quebec recently confirmed that exclusivity clauses must be interpreted and applied restrictively so as not to unduly interfere with the parties' freedom of contract.

Outside statements used as exhibits for identifying ordinary skill
Lee and Li Attorneys at Law
  • Intellectual Property
  • Taiwan
  • August 20 2018

In patent disputes, claim construction and a person having ordinary skill in the art determination often become the focus of the parties' arguments. Based on the principle of good faith and the doctrine of estoppel, it is common for one party to quote statements made by the other party outside the litigation proceedings as a basis for interpreting the claims or identifying ordinary skill. The Supreme Administrative Court recently assessed whether such statements may be used as evidence.

Refusal of consent under AML reporting regime: Royal Court weighs in
  • White Collar Crime
  • Guernsey
  • August 20 2018

The Financial Intelligence Service's recent refusal to consent to a proposed transaction under Guernsey's anti-money laundering reporting regime has resulted in the Royal Court deciding its first private law action between the person claiming the asset and the financial institution holding it. The decision clarifies the legal framework for determining the source of funds, which will be highly relevant to all regulated entities in Guernsey.

Latest negative list opens power sector up to foreign investors
Broad & Bright
  • Energy & Natural Resources
  • China
  • August 20 2018

The 2018 negative list was released in the middle of the current Sino-US trade war and is thus largely a gesture to show China's commitment to making consistent, reformative progress towards trade liberalisation. The new negative list has significantly opened the market up to foreign investment, particularly in the energy sector. Among the restrictions which have been lifted are those regarding power grid construction and the exploration and exploitation of oil and natural gas in free trade zones.

Relationship between new Anti-unfair Competition Law and Paris Convention: websites and domains
Wanhuida Peksung
  • Intellectual Property
  • China
  • August 20 2018

Article 6(1)(3) of the new Anti-unfair Competition law prohibits the unauthorised use of a website name, webpage or the main parts of a domain name with a certain level of influence. By way of an analysis of this provision from the perspective of Article 10bis of the Paris Convention and a comparison with the corresponding provisions of the Trademark Law, it is possible to examine how it will redefine the legal landscape for protecting commercial signs in China.

New Trade Secrets Act implements EU directive
Advokatfirman Lindahl
  • Intellectual Property
  • Sweden
  • August 20 2018

A new Trade Secrets Act, which implements the EU Trade Secrets Directive, recently entered into force. Even if the strengthened position for trade secret owners is welcome, discrepancies remain between trade secrets and other IP rights. Further, any dispute on trade secrets will not be subject to the jurisdiction of Sweden's specialised IP courts – jurisdiction will remain vested in the courts of general jurisdiction and often subject to labour dispute rules.

CEQ requests comment on how to update National Environmental Policy Act implementing regulations
Sidley Austin LLP
  • Environment & Climate Change
  • USA
  • August 20 2018

The White House Council on Environmental Quality recently published an advance notice of proposed rulemaking in the Federal Register, seeking comment on how best to update its implementing regulations for the National Environmental Policy Act. The Trump administration has identified the National Environmental Policy Act process as a key contributor to slowing down infrastructure projects and has floated changes to it on several occasions.

ATSDR asserts that perfluoroalkyl compounds may endanger human health at low levels
Sidley Austin LLP
  • Environment & Climate Change
  • USA
  • August 20 2018

The Agency for Toxic Substances and Disease Registry recently released a draft toxicological profile for perfluoroalkyl compounds which asserted that they may be harmful to human health at low levels. Due to their non-stick properties, perfluoroalkyl compounds have been used as non-stick coatings for cookware, as paper and cardboard surface coatings and in firefighting foam.

New forest regulation aims to improve resource management
Hogan Lovells BSTL SC
  • Environment & Climate Change
  • Mexico
  • August 20 2018

In recent years, Mexico has seen the significant deterioration of its forest resources, making it one of the 10 worst countries in terms of deforestation. To combat this issue, the New General Law for Sustainable Forest Development was recently published in the Federal Official Gazette. The law is an attempt to focus Mexico's forestry regulation on better management of resources, while also safeguarding human rights and social involvement.

Companies can now distribute dividends on a quarterly basis – but will they?
Schoenherr
  • Company & Commercial
  • Romania
  • August 20 2018

Until recently, Romanian companies could distribute dividends to shareholders only on an annual basis and on approval of their annual financial statements at the end of each financial year. This paradigm has changed and companies can now opt to distribute their dividends annually or quarterly. Although these newly acquired corporate rights have been widely welcomed within the Romanian business markets, they may initially be treated with suspicion by entrepreneurs.

New approach to beneficial owners of income
Gorodissky & Partners
  • Corporate Tax
  • Russia
  • August 17 2018

The Federal Tax Service (FTS) recently issued a letter providing an extensive explanation of the tax authorities' application of the beneficial owner of income (BOI) concept. This concept was previously referred to only in the international tax treaties between Russia and other states, but has recently been actively implemented into Russian tax legislation. In this regard, the FTS's letter is of great interest, as it summarises the approach of both the courts and the tax authorities with regard to resolving BOI issues.

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