This overview includes case law since mid-2022 and provides an overview of legal amendments that have a practical impact on national and international contracts.
Insolvency-based rescission clauses
Há algum tempo o Brasil tem sido o maior receptor de investimento estrangeiro direto na América Latina devido ao seu tamanho (7ª maior economia e 2ª maior população do hemisfério ocidental), a sua riqueza de recursos naturais e relativa estabilidade política. A maioria dos investimentos no Brasil proporciona aos investidores um retorno atraente. O paíspode apresentar desafios para os investidores, especialmente os que não estão familiarizados com os desafios do “custo brasil” (ou seja, o alto custo para fazer negócios no Brasil) ou seu ambiente de negócios único.
Brazil has been the single largest recipient of foreign direct investment in Latin America for some time due to its size (7th largest economy and 2nd biggest population in the western hemisphere), its wealth of natural resources, and relative political stability. Most investments in Brazil provide investors with an attractive return, but some do not. Brazil can present challenges for investors, especially those not familiar with the challenges of “custo brasil” (i.e., high cost of doing business in Brazil) or its unique business environment.
In Re Tucker, Quintis Leasing Pty Ltd [2023] FCA 1673, the administrators of a company successfully obtained orders from the Federal Court modifying the operation of section 443B of the Corporations Act 2001 (Cth).
The latest quarterly figures from The Insolvency Service for Q4 of 2023, covering the period October to December, show that company insolvency volumes in England and Wales reached a 30-year high. 25,158 registered companies entered some form of insolvency in 2023. The food and drink sector has not been immune to this, and indeed has seen some of the biggest rises in insolvency as many businesses face significant financial challenges.
Multiple headwinds
January, 2024 For Private Circulation - Educational & Informational Purpose Only A BRIEFING ON LEGAL MATTERS OF CURRENT INTEREST KEY HIGHLIGHTS * Supreme Court: Arbitration clauses in unstamped agreements enforceable, seven-judge bench overrules ‘NN Global’ decision. ⁎ Supreme Court: Non-signatories to an arbitration agreement can be made parties to an arbitration proceeding under the group of companies doctrine.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 15, 2024.
HFW DISPUTES DIGEST 2023
Welcome to the second annual Disputes Digest, in which we collate our 2023 global HFW LITIGATION and International Arbitration publications in one place.
This edition includes updates from across our Disputes arena, including England and Wales, BVI, AsiaPac, and the Middle East.
Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of December 18, 2023.
Following our previous article on the Canadian case of Qualex-Landmark Towers Inc v 12-10 Capital Corp, there has been an application to appeal to Alberta’s highest court with several intervener applications. Beale & Co provides an update and further commentary on the next chapter of this environmental case.