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    UK Commercial Disputes: Winter Newsletter
    2021-02-02

    2020 was a difficult and uncertain year, with unprecedented challenges across the globe, changing the world as we know it. At the start of 2021, the country remained in lockdown and Brexit materialised - with a deal - posing a further seismic shift. It remains unclear what the full effect of either will be on the economy. On the plus side, the active vaccination programme may offer us a route out of the pandemic. But one thing is clear, lawyers are resilient and our flexible fee structures and case funding options prove more important than ever. We are here, ready to help.

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, IT & Data Protection, Litigation, Public, Hausfeld LLP, Financial Conduct Authority (UK)
    Authors:
    Lianne Craig , John McElroy
    Location:
    European Union, United Kingdom
    Firm:
    Hausfeld & Co LLP
    Marex: Where next for the rule against reflective loss?
    2021-02-01

    The Supreme Court’s decision in Sevilleja v Marex Financial Ltd [2020] UKSC 31 of 15 July 2020 provided much needed clarity on the scope of the rule against “reflective loss”.

    Filed under:
    European Union, United Kingdom, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, Due diligence, House of Lords
    Authors:
    Richard Gwynne , Michael Barron , Chris Pettett , Harriet Campbell
    Location:
    European Union, United Kingdom
    Firm:
    Stephenson Harwood LLP
    India Business Guide - Start-Up to Set-Up
    2021-01-19

    India is the seventh largest country in the world spread over a total area of 32,87,263 sq kms, including the territorial seas. Located in South Asia in the tropical belt just north of the equator, it is separated from mainland Asia by the Himalayas, a mountain range that umbrellas the entire northern region stretching to a distance of 2,400 kms to the east. India is home to some of the world‟s highest peaks shielding the country‟s 281 States and 82 Union Territories. Several important rivers originate from this mountain range.

    Filed under:
    India, Arbitration & ADR, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Environment & Climate Change, Insolvency & Restructuring, Litigation, Real Estate, Tax, White Collar Crime, Vaish Associates Advocates
    Location:
    India
    Firm:
    Vaish Associates Advocates
    A matter of trust: Australian court enforces interium measures to secure the amount in dispute
    2020-05-20

    A recent judgment of the Supreme Court of Western Australia, Dalian Huarui Heavy Industry International Company Ltd v Clyde & Co Australia [2020] WASC 132 (available here), demonstrates that the use of interim measures to provide security for an amount in dispute can be a very powerful remedy when structured through the creation of a trust.

    Filed under:
    Australia, Singapore, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Singapore International Arbitration Centre, Corporations Act 2001 (Australia)
    Authors:
    Brenda Horrigan , Chad Catterwell
    Location:
    Australia, Singapore
    Firm:
    Herbert Smith Freehills LLP
    A legal handbook for businesses the COVID-19
    2020-05-19

    The recent outbreak of Covid-19 pandemic has had grave effects on people’s life as well as the economy in almost every country in the world, including Vietnam.

    Recognizing the negative impacts of the pandemic on the economy, as well as the considerable difficulty of businesses in solving crises arising during this period of time, Apolat Legal publishes the “A legal handbook for businesses the COVID-19 pandemic” to provide a useful legal reference that businesses can apply to solve difficulties during this period.

    Filed under:
    Vietnam, Arbitration & ADR, Banking, Company & Commercial, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employee Benefits & Pensions, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Patents, Real Estate, Tax, Trademarks, Apolat Legal, Value added tax, Force majeure, Coronavirus
    Location:
    Vietnam
    Firm:
    Apolat Legal
    COVID-19 Special Newsletter - Spain | May 18 and May 31
    2020-05-18

    New guarantee facility, extension of ERTE temporary layoff procedures, effects of the crisis on transfer pricing, return to judicial activity and ‘shields’ for businesses.

    Filed under:
    Spain, Arbitration & ADR, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Litigation, Garrigues, Private equity, Force majeure, Coronavirus, Personal protective equipment
    Authors:
    Mónica Martín de Vidales , Álvaro López-Jorrín , Carlos de los Santos , Rosa Zarza Jimeno , Eduardo Abad Valdenebro , Adrian Thery , Alfredo Fernández Rancaño
    Location:
    Spain
    Firm:
    Garrigues
    Newsletter Especial COVID-19 - España | Del 18 al 31 de mayo
    2020-05-18

    Esta semana cabe destacar la nueva línea de avales, la prórroga de los ERTE, los efectos de la crisis en los precios de transferencia, la vuelta de la actividad judicial y los posibles ‘escudos’ para empresas en dificultades.

    Filed under:
    Spain, Arbitration & ADR, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Trade & Customs, Garrigues
    Authors:
    Mónica Martín de Vidales , Álvaro López-Jorrín , Carlos de los Santos , Rosa Zarza Jimeno , Eduardo Abad Valdenebro , Adrian Thery , Alfredo Fernández Rancaño
    Location:
    Spain
    Firm:
    Garrigues
    The Cayman Islands Court of Appeal Relieves the Tension between Arbitration Clauses and the Just and Equitable Winding Up Jurisdiction
    2020-05-14

    In a comprehensive judgment published on 23 April 2020, the Cayman Islands Court of Appeal, comprising Moses JA, Martin JA and Rix JA, has provided welcome clarification of the interplay between a contractual agreement to arbitrate disputes arising between shareholders and the exclusive jurisdiction of the Court to determine whether a company should be wound up on the just and equitable ground.

    Filed under:
    Cayman Islands, Arbitration & ADR, Insolvency & Restructuring, Litigation, Ogier, Arbitration clause
    Authors:
    Gemma Bellfield (nee Lardner) , Oliver Payne , Edwin Gomez
    Location:
    Cayman Islands
    Firm:
    Ogier
    Focus on Litigation and Dispute Resolution
    2020-05-13

    The enhanced community quarantine (ECQ), declared over many areas in the Philippines, including the island of Luzon where the National Capital Region is located, has caused significant business disruption. [1] As in other jurisdictions, there are concerns that the country will see a rise in contract disputes and foreclosures, and even businesses invoking laws on suspension of payments, rehabilitati

    Filed under:
    Philippines, Arbitration & ADR, Insolvency & Restructuring, Litigation, SyCip Salazar Hernandez & Gatmaitan, Force majeure, Coronavirus, Singapore International Arbitration Centre, Hong Kong International Arbitration Centre
    Authors:
    Ricardo Ma. P.G. Ongkiko , Ma Patricia B. Paz-Jacoba
    Location:
    Philippines
    Firm:
    SyCip Salazar Hernandez & Gatmaitan
    Colombia: Newsletter COVID-19 Colombia Guidelines
    2020-05-11

     

    Colombian State of Emergency

    The president of Colombia decreed a State of Emergency on the national territory due to the recent COVID-19 outbreak. He has issued a series of measures to contain its effects on public health and the economy. This chapter will be updated on a daily basis, including the principal measures issued by the national government.

    Filed under:
    Colombia, Arbitration & ADR, Banking, Company & Commercial, Employee Benefits & Pensions, Healthcare & Life Sciences, Insolvency & Restructuring, Tax, Baker McKenzie, Force majeure, State of emergency, 5G network, Coronavirus
    Authors:
    Tatiana Garcés Carvajal
    Location:
    Colombia
    Firm:
    Baker McKenzie

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