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Mega Trends in North American Business Immigration

By Roxanne Israel, EY Law LLP, Posted: 18th July 2017 08:39
Workplace dynamics, changing governments and labour market protectionism are influencing a shift in immigration policy resulting in comprehensive reform in North America. While the new US administration’s recent Executive Order, travel ban and subsequent litigation continues to grab headlines, Canada is also driving change in their temporary and permanent residence immigration processes. ... Read more...

The new regulation on Smart-working in Italy

By Angelo Zambelli, Posted: 17th July 2017 08:13
On May 10, 2017 the Italian Parliament has approved a new piece of legislation containing measures for the protection of the self-employees and to promote smart-working. The new regulation on self-employees will affect more than two million consultants introducing a series of new measures in their support, concerning welfare requirements, unfair clauses and maternity.< ... Read more...

Import and Export Procedures in the Philippines— Best Practices

By ASEAN Briefing, Posted: 10th July 2017 08:27
The Philippines is an archipelago comprising of 7,641 islands. The country shares maritime borders with China, Indonesia, Japan, Malaysia, Taiwan, Vietnam, and the island nation of Palau. In 2015, the Philippines exported goods valued at US$77.9 billion and imported products worth US$76.8 billion. The Philippines’ top export destinations are China, Japan, the United States, and Singapore ... Read more...

Labor Disputes in China: Prepare for Aggressive Negotiating, Uncomfortable Concessions

29th June 2017 08:36
Negotiated settlement is often required to sever the employment of a senior manager with minimal disruption and expense. This is nowhere more true than in China, where private dispute resolution is strongly favored. However, in China, the labor dispute system encourages compromise and payment of severance. In some cases, this can encourage employees to negotiate aggressively to force ... Read more...

Horlick Levitt Di Lella Lawyers: Personal Injury Law Expert

28th June 2017 08:15
Life is a dynamic experience, and it can take a drastic turn at any time, for example, being involved in a road accident. Whether you are on the right or wrong side of the law, having good counsel at your disposal can come in handy. Horlick Levitt Di Lella LLP is a law firm with the most qualified barristers and solicitors; experts in dealing with injured victims involve ... Read more...

Mandatory & Voluntary Takeover Bids Under Spanish Law; The Principal Elements

By IÑIGO GOMEZ-JORDANA, Posted: 27th June 2017 08:39
Spanish regulatory provisions applicable to takeover bids distinguish two basic categories of takeovers: takeover bids when control of a listed company is obtained (i.e., mandatory bids) and voluntary bids.   This article provides a summary review of each of these two categories.   1. Mandatory bids when control is ... Read more...

China’s New Cybersecurity Law: Clarifications, Implementation Delay Announced

By China Briefing, Posted: 26th June 2017 08:13
China’s sweeping new Cybersecurity Law (“the Law”) came into effect on June 1 amid widespread anxiety from the foreign business community. Many in the private sector were concerned by the Law’s stringent requirements, am ... Read more...

Formation of Companies in Colombia

By Parra Rodríguez, Posted: 21st June 2017 09:46
Since 1971, the formation of companies in Colombia has been regulated by the Colombian Commerce Code (Decree 410 of 1971). This Code, applies to the incorporation of different types of companies excepting the Simplified Corporation that was created via Law 1258 of 2008. The Commerce Code allows for the creation of the following types of companies: (i) corporations, (ii) ... Read more...

Import and Export Procedures in Myanmar – Best Practices

By ASEAN Briefing, Posted: 16th June 2017 08:32
As Myanmar continues to liberalize its regulatory landscape, new opportunities are emerging for cross-border trade. Myanmar borders India and China – the world’s most populous countries – and is a member of the Association of Southeast Asian Nations (ASEAN).  Political reforms in Myanmar has spurred world powers to lift trade sanctions against the South East ... Read more...

Exclusive Q&A on Transfer Pricing with Zara Ritchie

15th June 2017 08:56
Can you talk us through the current transfer pricing landscape in your jurisdiction? Australia’s transfer pricing landscape has changed dramatically over the past few years, partly as a result of the OECD’s BEPS project and partly because for a long time the Australian Taxation Office (“ATO”) has pursue ... Read more...

Vietnam Implements Social Insurance Updates

By Vietnam Briefing, Posted: 14th June 2017 08:03
Vietnam’s social insurance scheme is undergoing a series of changes influencing both the statutory contribution rates required of enterprises as well as the types contracts triggering liability. With rate reductions applied from June 2017 and introduction of a wider liability for social insurance contributions scheduled for early 2018, foreign and domestic companies alike will be require ... Read more...

Overview of recent French labour laws

By Joël Grangé , Posted: 13th June 2017 08:54
The Hollande presidency was the source of many labour law reforms. The newly elected President Macron promises to continue and accelerate this trend.   Macron Law   The Macron Law on growth, activity and equal economic opportunities, published on 7 August 2015, implements key reforms concerning colle ... Read more...

Exclusive Q&A on Cyber Security with Maria Vidal

7th June 2017 09:09
Who Are The Main Regulators And What Are The Key Legislations That Apply To The Cybersecurity In Your Jurisdiction? For several years national and European regulators have focused more and more on cybersecurity and cyber risks. This is reflected, for example, in the importance placed on cybersecurity in studies and international forums such a ... Read more...

Upcoming Changes in Mexican Labor Law with an Impact on Businesses

By Alfredo Kupfer-Domínguez and David Puente-Tostado , Posted: 5th June 2017 09:29
Mexico’s current administration has been making important efforts to enact legislation that responds to requirements of a more competitive global economy. Labor law saw an amendment in 2012 introducing important new rules to make more flexible hiring and terminating employees, and limiting back pay accrual during the litigation process.   Although the r ... Read more...

The RERA Act – An Explainer

By India Briefing, Posted: 26th May 2017 08:43
Effective May 1, 2017, the Real Estate (Regulation and Development) Act, 2016 (RERA) will regulate all land development bodies (public and private) that develop real estate for the general public. This includes both r ... Read more...

Measures to Combat A Shrinking Workforce

By Peter Godwin, Posted: 25th May 2017 08:21
On 24 September 2015, Prime Minister Shinzo Abe fired off what he called the "three new arrows" of Abenomics: promotion of economic growth, child-rearing assistance to push up the low birth rate, and social security measures to increase nursing facilities for the elderly.  Shortly thereafter, he announced a new policy: "ichi-oku so-kat ... Read more...

New Case-Law Highlights Importance of Internal Governance Rules in Finnish Ltd’s

By Andreas Doepel , Posted: 23rd May 2017 08:17
In many cases, especially in cross-border M&A, foreign buyers of Finnish target companies tend to nominate new board members from their own organisation to oversee the integration and operations of the target, leaving the existing management in place to continue running the day-to-day business.   A recent ruling by the Finnish Supreme Court highlights the ... Read more...

Exclusive Q&A on Cyber Security Law with Bret Cohen

15th May 2017 08:24
Who are the main regulators and what are the key legislations that apply to the cybersecurity in your jurisdiction?   In the United States, cybersecurity laws are tied to specific data types that are deemed to be particularly sensitive.  For example, there are laws regulating the security of health information, financial info ... Read more...

Exclusive Q&A on Competition & Antitrust with William Kolasky

11th May 2017 10:31
Can You Talk Us Through The Current Competition And Antitrust Landscape In Your Jurisdiction? When Barack Obama campaigned for presidency in 2008, he vowed “to reinvigorate antitrust enforcement,” if elected. Eight years later, I think most antitrust lawyers would agree that President Obama delivered on this campaign promi ... Read more...

Introduction to the Social Security System in India

By India Briefing, Posted: 10th May 2017 08:14
India’s social security system is composed of a number of schemes and programs spread throughout a variety of laws and regulations. Keep in mind, however, that the government-controlled social security system in India applies to only a small portion of the population.   Furthermore, the social security system in India includes not just an insurance paym ... Read more...

The Ideal and Reality of Food Safety Class Action Lawsuits in Taiwan

By Patrick Marros Chu & David Tien, Posted: 27th April 2017 11:22
In recent years, owing to a series of food safety scandals in Taiwan, consumer protection groups initiated many product liability class action lawsuits. In May 2011, the Consumers’ Foundation, Chinese Taipei filed the first food safety class action lawsuit on behalf of 561 victims against dishonest food companies that added plasticizers into food sold to their downstream buyers, and dema ... Read more...

Compare Free Casino helps you find the Right Mobile Casino

25th April 2017 08:26
Tuesday, 25th of April 2017 (London, England) With gambling revenues on the increase and operators releasing mobile casinos on a regular basis, Compare Free Casino has over 250 app reviews on the site. The UK online gambling sector experienced double-digit growth in the year April 2015 – March 2016 with revenue surpassing £4.5bn. Global Smartphone ... Read more...

Product liability in Brazil – Adequate and sufficient information excluding product liability for drug suppliers

By Sérgio Pinheiro Marçal & Lucas Pinto Simão, Posted: 20th April 2017 08:12
The Brazilian Consumer Protection Code (Law No. 8,078 of 1990) came into force in 1991 and has since been an important instrument in bringing balance to the naturally uneven supplier-consumer relations.   Nearly 25 years have gone by since the inception of the Consumer Protection Code, but even today there are still debates and disputes over how best to interpret ... Read more...

Product liability in Brazil – Adequate and sufficient information excluding product liability for drug suppliers

By Sérgio Pinheiro Marçal & Lucas Pinto Simão, Posted: 10th April 2017 08:23
The Brazilian Consumer Protection Code (Law No. 8,078 of 1990) came into force in 1991 and has since been an important instrument in bringing balance to the naturally uneven supplier-consumer relations.   Nearly 25 years have gone by since the inception of the Consumer Protection Code, but even today there are still debates and disputes over how best to interpret ... Read more...

The German “Unternehmergesellschaft (UG)”, a limited liability company with minimum share capital of €1 – success or failure?

By Dr. Arne Vogel, Posted: 6th April 2017 08:09
In 2008, the German legislature introduced a limited liability company with a minimum registered share capital of €1, the so called “Unternehmergesellschaft” (“UG”), often translated as “entrepreneurial company”. This article is meant to give a short introduction to the UG and its formation procedure. We will also take a look on ... Read more...

Should You Be Considering An Estate Freeze?

3rd April 2017 08:27
Do you own assets that are growing in value, such as shares in a privately held company, a portfolio of investments or land? If so, you may be able to arrange your affairs so as to minimize income tax on any future gain in the value of those assets, save provincial probate fees on your death, and plan for the orderly succession of your wealth into the hands of the next generation. ... Read more...

Exclusive Q&A on Labour and Employment Law with Angelo Zambelli

30th March 2017 08:46
Have there been any recent regulatory changes or interesting developments?   The key changes indeed include the wide reforms enacted in 2015 that involved almost all areas of employment law in Italy, and in particular the protection of employees in case of unfair dismissal and the industrial relations systems. ... Read more...

China’s New Cybersecurity Law to be Implemented on June 1

By China Briefing, Posted: 27th March 2017 08:43
Although the new Cybersecurity Law of China is due to come into effect June 1, many companies are still unclear about the specific terms of the law. Given the potentially high cost of non-compliance associated with the law, and the uncertain nature of the guidelines that the government will release, managers should review draft measures and monitor related developments to ensure that their busines ... Read more...

Exclusive Q&A on Mining Law with Ignacio Santamaría

24th March 2017 08:40
Can you talk us through the current mining landscape in your jurisdiction?   LLC&CO.- Currently the mining industry in Colombia is going through a very interesting and in a certain manner contradictory landscape.   On the one hand it is expected to have four gold mines entering into productio ... Read more...

China Streamlines, Shifts to E-Filing System for Company Registration

By Jacob Blacklock , Posted: 22nd March 2017 09:59
In late 2016, the Standing Committee of the National People’s Congress of the People’s Republic of China (PRC), revised Law on Wholly Foreign-owned Enterprises. A new Article 23 was added to the law stating in part:   "Where the establishment of wholly foreign-owned enterprises does not involve the implementation of special access adm ... Read more...

Exclusive Q&A on Offshore Industries and Markets with Guy Wiltcher

20th March 2017 08:47
What Are The Main Factors When Deciding Offshore Location? The main general factors to consider when deciding on an offshore location are the legal and regulatory regime, political stability, financial strength (e.g. S&P rating), time zone, language spoken, taxation system, geographical accessibi ... Read more...

Regional Funding – an East of England Perspective

By Mark Henry & Charles Kirk , Posted: 13th March 2017 09:09
With offices in Cambridge, Chelmsford, Ipswich and Norwich – and as “panel lawyers” for all of the main clearing banks with a regular workflow from them plus various other funders across different sectors (including pensions lending, trade finance, telecoms financing etc) as well as for our various business clients on taking on board funding / financing in various gui ... Read more...

Brave New World

By Saima Hanif, Posted: 8th March 2017 08:25
Introduction 1. As Donald Tusk remarked recently, in response to a comment from Boris Johnson that the UK could have its cake and eat it “…there will be no cakes on the table, for anyone. There will be only salt and vinegar…”    Teresa May confirmed last month that the UK wi ... Read more...

ESI (Central) Amendment Rules, 2017 Expands Maternity Health Benefits

By India Briefing, Posted: 6th March 2017 08:12
The government recently published the Employees’ State Insurance (Central) Amendment Rules, 2017. The amendment rules improve the existing maternity welfare benefits for women who have insurance, expanding the ESI (Central) Amendment Rul ... Read more...

Exclusive Q&A on Shipping and Maritime Law with Stephen Askins

22nd February 2017 11:47
What are the main regulators and legislations that apply to shipping & maritime in your jurisdiction? The main regulator in the shipping world is the International Maritime Organisation (”IMO”). In the UK the regulations on safety etc are implemented by the Maritime Coastguard Agency (“MCA&rdq ... Read more...

Exclusive Q&A on Construction and Real Estate Law with Marilyn Klinger

16th February 2017 08:59
Who are the main regulators and what are the key legislations that apply to your jurisdiction? Needless to say, California is renowned for its regulatory environment that some have said is not particularly business-friendly.  Indeed, the regulators for the construction industry in California number many, including but not limited to ... Read more...

BVI and Cayman Islands – Litigation Wrap-up 2016

By Julie Engwirda & Ian Huskisson, Posted: 14th February 2017 08:11
The BVI and Cayman Courts are usually the work horses of the Caribbean international financial centres. 2016 proved to be no different. The past 12 months have seen important decisions coming out of both jurisdictions. We highlight some of the key decisions in this article.   British Virgin Islands   ... Read more...

Exclusive Q&A on Labour and Employment Law with Karen Seward

13th February 2017 08:13
Have there been any recent regulatory changes or interesting developments?   One of the most important developments in years is the introduction of the Gender Pay Gap Reporting Regulations, which come into force in April 2017. This regime will require employers with 250 or more employees to publish on their website th ... Read more...

Product liability in Brazil – Adequate and sufficient information excluding product liability for drug suppliers

9th February 2017 08:51
(i) Introduction   The Brazilian Consumer Protection Code (Law No. 8,078 of 1990) came into force in 1991 and has since been an important instrument in bringing balance to the naturally uneven supplier-consumer relations.   Nearly 25 years have gone by since the inception of the Cons ... Read more...

Partnership is the key

By John Anthony Signs , Posted: 3rd February 2017 09:29
The design industry, by nature, is always looking to innovate and push the boundaries aesthetically and with regard to materials, specifications and finishes.   Whilst we will never be able to hang our signs on “sky hooks”, this constant innovation means that designers, architects, shopfitters and main contractors need to rely heavily on their ... Read more...

Making Sense of Thailand’s Foreign Business Act

By ASEAN Briefing , Posted: 31st January 2017 08:20
Following Thailand’s 2014 coup, there were suggestions that the incoming military-led government would implement protectionist policies that would restrict investment into the country by foreign firms. However, in the years that followed there was a significant shift in the outlook of Thailand’s leaders. Barriers were lowered and restrictions reduced in a number of industries; ... Read more...

How FDA Announces Drug Approval Decisions: A Broken FDA “System” That Must Be Fixed

By Kurt R. Karst, John R. Fleder & Robert A. Dormer , Posted: 26th January 2017 08:29
FDA is often called upon to make difficult decisions when a blockbuster drug is about to go off patent protection. These decisions generally fit into three categories. Often, the question is whether a brand-name drug company is entitled to extended exclusivity (perhaps due to an assertion that a provision of the Federal Food, Drug, and Cosmetic Act (FDC Act) confers marketing exclusivity beyond th ... Read more...

Expecting in India: Employee Maternity Pay and Leave

By India Briefing, Posted: 17th January 2017 07:36
In an interview last year, Kiran Mazumdar-Shaw – founder of Biocon, India’s biggest biotechnology company – spoke of the obstacles facing India’s female workforce. Namely, the attitudes of women returning to work after taking a leave of absence, such as maternity leave.   According to Mazumdar-Shaw, women in India tend to b ... Read more...

Exclusive Q&A On Company Formation With Dr Priscilla Mifsud Parker

11th January 2017 08:49
What is the procedure for foreign investors setting up a company in your jurisdiction?    The Malta Registry of Companies which forms part of the MFSA is responsible for registering companies and partnerships as per the Companies Act, 1995. Maltese compan ... Read more...

Public Policy and the Wednesbury principle: The post-amendment need for clarity

By Payal Chawla (JusContractus) , Posted: 9th January 2017 08:03
Under the (Indian) Arbitration & Conciliation Act, 1996, there are essentially three types of arbitrations: purely domestic arbitrations (where both parties are Indian and the arbitration is held in India); International Commercial Arbitration or ICA (where at least one of the parties is a foreign national but the arbitration is conducted in India), and foreign arbitrations (where the arbi ... Read more...

Foreign Exchange Fluctuation and its Impacts within the Context of Transfer Pricing

By Carlos Eduardo Ayub, Posted: 5th January 2017 08:39
Approximately twenty-years ago the Brazilian Government, in order to deter tax evasion in the country, introduced rules aimed at avoiding the undue transfer of profits through transactions conducted between multinational companies and their parents or associates abroad. Since then, all movements of goods, services, and rights between entities belonging to the same group subject to transfer pricing ... Read more...

Exclusive Q&A on Company Formations with Dr Mifsud Parker

4th January 2017 09:29
What is the procedure for foreign investors setting up a company in your jurisdiction?    The Malta Registry of Companies which forms part of the MFSA is responsible for registering companies and partnerships as per the Companies Act, 1995. Maltese company law ... Read more...

Electronic Chops: Unauthorized Use and Legal Risk Management in China

By China Briefing, Posted: 9th December 2016 09:41
A company seal, or ‘chop’, is an important component of doing business in China, as it is integral to the administration of a company and the key to legally authorize documentation. This essentially means that whoever is in possession of the company chop holds ultimate authority over a company. An electronic chop is the digital versi ... Read more...

Indian Government Bans 500, 1000 Currency Denominations to Curb Black Money

By India Briefing, Posted: 22nd November 2016 08:27
In a surprise move, the Narendra Modi government announced on the night of November 8 that the existing US$ 7.5 (Rs 500) and US$ 15 (Rs 1,000) currency notes will be withdrawn from public use from the following midnight. The move is the government’s boldest step yet to curb the circulation of black money and counterfeit currency as well as control inflation. Only twice before, f ... Read more...

Exclusive Q&A on Shipping Law with Mohamed Idwan

18th November 2016 08:31
What are the main regulators and legislations that apply to shipping & maritime in your jurisdiction? Law No 17 of 2008 on Shipping ("Shipping Act"). The Shipping Act covers among others regulations on all kinds of water transport, licensing, ship mortgages, maritime liens, ports, safety and security, seawort ... Read more...

Tax Avoidance Schemes – why you shouldn’t touch them with a barge pole

By John Leyden , Posted: 17th November 2016 10:13
As a tax adviser in practice for almost 20 years, it never ceases to amaze me the kind of tax avoidance schemes that are dreamt up and marketed.   They rely on one thing for them to work for the tax avoidance industry – greed, plus a belief that you can get away without paying any tax at all.   I have never advised a c ... Read more...

Trump, Trade, and the Future of the Trans Pacific Partnership

By Vietnam Briefing, Posted: 16th November 2016 08:15
Following weeks of campaigning, culminating in a formal concession from Hillary Clinton, Donald Trump is set to become the 45th president of the United States of America. Given the US’ formative roll in TPP negotiations, and legislative deadlock on the issue at the ratification level, Trump’s victory is likely to have a significant impact on the agreement’s ultimate o ... Read more...

European Union: European Labour & Employment Law Update

15th November 2016 10:11
In early spring 2016, the French government put a bill before Parliament proposing reforms to French labour law. The intention was to introduce more flexibility to French labour law and become more "employer-friendly". The proposals in the bill were controversial and sparked protests and strikes across both public and private sectors. Finally, after months of debate, ... Read more...

Exclusive Q&A on Company Formation with Richard H. Bell

4th November 2016 09:13
What is the procedure for foreign investors setting up a company in your jurisdiction?   Foreign investors can invest anywhere in the world through a Delaware entity. The entity of choice for such investment is a Delaware Limited Liability Company (LLC). The procedure is relatively simple, just contact a Delaware Registered Agent and ... Read more...

Indian Government Set to Introduce Reforms to Labor Laws

By India Briefing, Posted: 1st November 2016 08:30
In a sign that the government wants to get serious about overhauling labor laws, India plans to introduce a proposed Wage Code bill that will guarantee minimum wages across the country in the winter session of parliament. The draft bill will also streamline the definition of wages by combining four wage related laws – the Minimum Wages Act, 1948; the Payment of Wages Act, 1936; the Payme ... Read more...

Exclusive Q&A on Shipping Law with David Henderson

31st October 2016 08:21
What are the laws and procedures for ship arrests in your jurisdiction?   As is well known to the industry, the arrest of a vessel is a desperate maneuver aimed at seeking collateral to guarantee payment of a claim. Naturally the consequences of detaining a vessel escalate exponentially affecting various interests other than just thos ... Read more...

The Ageing Vber – The Deceiving Simplicity Of A Schema

By Dr. Nils Gildhoff, Posted: 28th October 2016 08:54
The EU Block Exemption Regulation 330/2010 on Vertical Agreements (“VBER”) is still valid until 31 May 2022. However, when applying the VBER to vertical agreements in practice, experience shows that the VBER, in (seemingly) more and more cases, proves to be too schematic and therefore probably too old to cope with the challenges nowadays to be faced under EU and national Compet ... Read more...

Exclusive Q&A on Company Formations with Arne Vogel

26th October 2016 08:32
What is the procedure for foreign investors setting up a company in your jurisdiction?   In principle, a foreign investor is free to set up a company in Germany just like a German resident. There are no specific restrictions for foreigners. There are several different types of companies in Germany. In the following I will focus on the ... Read more...

Exclusive Q&A on Franchise Law with Stewart Germann

24th October 2016 08:32
What is the effect of competition law rules on franchising agreements? Competition is encouraged in New Zealand and in relation to competition law the Commerce Act 1986 must be complied with.  It is concerned with anti-competitive behaviour and restrictive trade practices.  The Commerce (Cartels and other Matters) Am ... Read more...

Exclusive Q&A on Product Liability with Kenneth Ross

19th October 2016 08:44
What Are The Product Warning Label Requirements? What Needs To Be Considered In Order To Write A Legally Adequate Warning Label? The law and standards that pertain to warnings are pretty clear and consistent. They require that the warning contain four elements: a description of the hazard, a statement about the probability that the hazard wil ... Read more...

Exclusive Q&A on Immigration Law in Europe with Anthony Michael

12th October 2016 08:46
Have There Been Any Recent Regulatory Changes Or Interesting Developments? In light of the UK referendum, there have been a number of interesting developments, however, negotiations are still taking place. The UK’s decision to leave the EU will inevitably cause a period of great uncertainty for businesses and individuals. A number o ... Read more...

Recent Case Law Precedent under Part III of the Matrimonial and Family Proceedings Act 1984

By Pauline Fowler, Posted: 10th October 2016 08:26
The publicity surrounding the case of Christina Estrada, in which this firm acted for Ms Estrada, has highlighted the possibility of making financial claims in this country following an overseas divorce. It was Part III of the Matrimonial and Family Proceedings Act 1984 that provided a mechanism for someone who has not remarried or entered into a civil partnership to bring a claim in E ... Read more...

Prospective Applicability of Indian Arbitration and Conciliation Amendment Act, 2015: Latest Ruling by the Bombay High Court

By Jyoti Singh & Srisabari Rajan, Posted: 7th October 2016 08:34
Based on recommendations made by Law Commission of India, on 23 October 2015, the President of India promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2015 (Arbitration Ordinance) which introduced some crucial amendments to the Arbitration and Conciliation Act, 1996 (Principal Act) with immediate effect. Subsequently, upon sanctions from both the houses of the Parliament, with Pr ... Read more...

Vietnam Releases Draft Safety Standards For Heavy Manufacturing

By Vietnam Briefing, Posted: 4th October 2016 08:17
Vietnam’s Ministry of Labor (MOLISA) has released the text of proposed technical standards that, if enacted, would apply to companies involved in commercial forging – a key component of heavy manufacturing and related production. Outlined at the circular level, details of the proposal were made public on August 23rd and have been issued as a means of improving safety standards ... Read more...

Professional Negligence Claims and Litigants in Person

By Lester Doake, Posted: 3rd October 2016 08:26
The expectation that the changing tide of legal funding will mean a swell in the numbers of litigants in person being swept up in civil proceedings has been much discussed. Drawing on my own experience, such cases certainly tend to have an added dynamic as they move through the litigation process. One recent example that comes to mind involved no less than thirteen defendants, twenty-one skeleton ... Read more...

Pets in Relationship Breakdown

By Vanessa Lloyd Platt, Posted: 30th September 2016 08:24
For some years Lloyd Platt & Co, our niche divorce and matrimonial practice has noticed that the issue of pets comes up time and time again in matrimonial cases.  This applies to both divorce and cohabitation cases, as well as issues concerning pre-nuptial and post-nuptial agreements.    The reality is that there is a clear gap in the la ... Read more...

Reflections On The ‘Culture’ Of Arbitration In Cyprus

By Maria Kozakou, Posted: 28th September 2016 08:20
Μechanisms of alternative dispute resolution (‘ADR’) have been a long time brewing, braising, and accruing.The documented history of formal peace and conflict practices begins with the Kingdom of Mari (Modern Day Syria) in 1800 B.C. In addition, it is a common perception that arbitration in Ancient Greece mirrored modern day practice, providing parties with a flexible me ... Read more...

Understanding Vietnamese Land Rights

By Vietnam Briefing, Posted: 27th September 2016 08:55
Once a foreign investor has decided on Vietnam as a location to establish operations, the next big step is identifying where and how to obtain land for the business. In Vietnam, private ownership of land is technically not permitted, but the law allows ownership of a right to use land—called the Land Use Right (LUR). While this may seem like an inconvenient system, other countries such a ... Read more...

Protecting family businesses from the impact of divorce

By Marika Franceschi, Posted: 26th September 2016 08:23
The overlap between family law and corporate work might not be immediately obvious. Family lawyers deal with relationship breakdown, division of assets, maintenance, disputes regarding children and so on. Surely none of that has anything to do with corporate law?   It is estimated that there are 4.6 million family businesses in the UK ( Institute for family Busin ... Read more...

A light chill? An alternative to freezing orders

By Jason Woodland, Posted: 21st September 2016 08:28
Freezing orders   Faced with a dispute, obtaining judgment against a defendant is satisfying, but it is only half the battle. A claimant needs to know that any judgment can be enforced and the money recovered. Any sensible claimant will undertake due diligence on a potential defendant to make sure that there are enough a ... Read more...

New Dimensions in Financial Crime: The Real impact of the Bribery Act 2010 Corporate Liability

By Jonathan Brogden, Posted: 9th September 2016 08:14
The Bribery Act came into force on 1 July 2011.  Under the Act, it is an offence for a person to bribe or be bribed.  A bribe is essentially the offer of a financial or other advantage with the intent that the person receiving it is induced to improperly perform their function. The Act created a new offence, under Section 7, for a "com ... Read more...

Yukos and Moldova Cases- Two Sides of the Same Coin?

By Marina Leal Galvão Maia, Posted: 31st August 2016 08:10
Two cases that have been catching the eye of many practitioners of arbitration, the Yukos shareholders vs. Russia and the Moldova v. Komstroy (formerly Energoalians), have much more in common than one would have thought at first glance. Both cases deal with investment arbitration claims and their subsequent awards, both in favor of investors, were set aside at the seat of arbitration and raised qu ... Read more...

Purchasing Real Property in Australia Foreign Non-Residents

By Ross C. Koffel , Posted: 26th August 2016 07:14
Torrens Title The Australian states each have differing real property laws but are broadly speaking quite similar in each jurisdiction. This is referred to as the Torrens system of land registration and applies in each state. It is a central register of all land in the state and effectively provides indefeasible title rights to a bona fide pu ... Read more...

Key employment law considerations to take into account in setting up a business in England and Wales

By Anthony Sakrouge, Posted: 24th August 2016 08:14
Organisations and investors hoping to set up a business in another jurisdiction first need to understand the legal obligations they will have to comply with and the entitlements their employees will have. These will often be very different from the ones they are used to. This article looks at the most important employment law entitlements and obligations in England and Wales. &nbs ... Read more...

Private Property and the Climate Future of Negligence

By Paul Babie, Posted: 22nd August 2016 07:53
Introduction   Private property consists of a bundle of rights comprising three primary powers of choice: use, exclusivity, and disposition. These three rights allow their holder to choose how to use, who to exclude, and how to dispose of whatever good or resource, tangible or intangible (from land, to shares, to trademarks and patent ... Read more...

South Africa: Trade mark rights: are South African Courts Pro – IP rights

By Brian Wimpey, Posted: 19th August 2016 14:20
South African law is a common-law system where legal statutes are interpreted by the High Court, and where applicable, by our Constitutional Court with reference to the common law. Trade mark law is no exception, deriving its authority from the Trade Marks Act 194 of 1993 and its predecessors, but heavily interpreted by our High Courts. Nowhere is this more evident than in the interpretation of ne ... Read more...

Prospective Applicability of Indian Arbitration and Conciliation Amendment Act, 2015: Latest Ruling by the Bombay High Court

By Jyoti Singh & Srisabari Rajan, Posted: 17th August 2016 08:25
Based on recommendations made by Law Commission of India, on 23 October 2015, the President of India promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2015 (Arbitration Ordinance) which introduced some crucial amendments to the Arbitration and Conciliation Act, 1996 (Principal Act) with immediate effect. Subsequently, upon sanctions from both the houses of the Parliament, with Pr ... Read more...

An Introduction to Overtime in Vietnam

By Dezan Shira & Associates, Posted: 16th August 2016 07:59
When companies turn to Vietnam to establish their manufacturing operations, it is important to not only consider the laws on regular wages, but also the policies on overtime that will be applicable to the workforce and style of a given operation.  One of the great benefits of Vietnam is that wages are low in comparison to the rest of the region, especially China. Overtime and night work p ... Read more...

Disclosure Obligations and the Extent of a Tribunal's Discretion in International Arbitration

By James Bremen & Leith Ben Ammar, Posted: 15th August 2016 08:16
Courts across the world have very different approaches to procedural matters such as disclosure. The differences are particularly strong between common law and civil law jurisdictions. In civil law jurisdictions such as France, Germany or Qatar, parties are usually required to disclose only the documents they rely on (and importantly, not those they don't wish the other side to ... Read more...

Malta - A Hive of Online Gambling Activity

12th August 2016 07:44
The hot Mediterranean country of Malta has long been a popular destination for tourists looking for a dose of history and sea. But among the megalithic temples, the famous hotel chains and fine dining, this sun-soaked archipelago hides another landmark that many holiday-makers remain oblivious to – it’s gaming authority. Malta has been on the forefront of the onlin ... Read more...

Holding up Half the Sky? Assessing the Current State of Female Employment in China

By China Briefing, Posted: 11th August 2016 08:12
Female employment in China used to be moving in a positive direction. In the late 1970s, almost ten years after Chairman Mao famously remarked that “women hold up half the sky”, about 90 percent of working-age women in cities were participating in the workforce. In 1980, China was one of the first countries to ratify the United Nations International Convention on th ... Read more...

Highlights of Vietnam’s New Decree for Investment Violations

By Dezan Shira & Associates, Posted: 9th August 2016 08:04
The recent ascension to office of Nguyen Xuan Phuc, Vietnam’s new Prime Minister, has opened the gateway to several legislative changes. One such change is Decree 50, signed on June 1, 2016 and effective starting July 15, 2016, which details updated penalties for administrative violations in planning and investment for businesses and investors. The decree covers the adm ... Read more...

Subcontractor Claims – Effective Remedy Against the Main Contractor

By Ahmed Barakat & Paul Day , Posted: 8th August 2016 08:20
Kuwait has seen a boom in construction activity in the private and public sectors. This in turn has resulted in an increase in contractor claims and construction related litigation. Of particular note are the impact of subcontractor claims under Article 682 of the Civil Code (No. 67 of 1980) which provides in pertinent part:   Article 6 ... Read more...

Enforcing foreign arbitral awards and judgments in Dubai

By Nicholas Gould & Claire King, Posted: 5th August 2016 08:13
The UAE (of which Dubai is part) ratified the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), without reservations, in 2006. The New York Convention provides very limited grounds for refusing to enforce international arbitral awards. It also requires that:   &ldq ... Read more...

The role of good faith in current commercial contract law

By David Sears QC, Posted: 4th August 2016 09:14
There has been much discussion recently as to the extent to which, if at all, English common law now recognises a need to import an obligation of good faith into all commercial contracts. Given the move towards ever more collaborative forms of contract, it is a debate which has a particular relevance to the construction industry.   There have been a number of rec ... Read more...

Romania and the Effervescence of Criminal Justice

1st August 2016 08:04
Romania has turned in recent years into a country in ferment due to massive white-collar crime involving prominent politicians and notorious businessmen. Such cases deal mostly with corruption and tax evasion issues and generate excessive media coverage, thus demolishing the concept of “untouchables”. Beside the classic cases of bribery and false acco ... Read more...

Real Estate Laws in Japan

By Kohtaro Tamura, Ushijima & Partners, Posted: 25th July 2016 07:57
Overview of Japanese Property Law   A. Background   Japan is a civil law country tracing its roots to the German Civil Code of the late 19thCentury. Readers used to doing business in Europe will find much that is familiar in the Japanese Civil Code provisions dealing with real pr ... Read more...

Formosa’s US$500 Million Settlement Set to Usher in New Era for Environmental Enforcement

By Vietnam Briefing, Posted: 22nd July 2016 08:07
Dead fish washed ashore. Polluted water. Fishermen losing their economic livelihood and having their well-being threatened. A Taiwanese company implicated. This is not 2016; the year is 2008, and we are looking at the Thi Vai river in southern Vietnam’s Mekong Delta, with an MSG factory upstream owned by Vedan. This was the first prominent case of environmental regulation bei ... Read more...

The “Public Debate”: Hopes And Concerns Arising From A New Feature Of The Public Procurement Tender Rules In Italy

By Gianni Origoni, Posted: 21st July 2016 07:40
On 19 April 2016 the new Italian Public Procurement Tender Code (the “Code”) entered into force (Legislative Decree 50/2016 implementing EU Directives 2014/23/EU, 2014/24/EU and 2014/25/EU).   Art. 22 et seq. of the Code introduce for the first time an additional phase in the procedure aimed at adjudicating public procurement contracts on larg ... Read more...

The Guide to Corporate Establishment in Cambodia

By Dezan Shira & Associates, Posted: 14th July 2016 08:32
Cambodia has been one of Asia’s fastest growing developing countries since the late 1980s when it dropped its planned economy plan for the free market. Its annual growth averaged 7.5 percent over the last decade, driven by robust garment exports, services, real estate, and construction. It is largely expected that the country’s prospects will remain robust in the comin ... Read more...

India’s New Twilight Law: 24/7 Operations for Retailers

By India Briefing, Posted: 13th July 2016 08:06
India’s Union cabinet recently approved a bill that will allow several commercial establishments to operate for 24 hours a day. The Model Shops and Establishments (Regulation of Employment and Conditions of Service) Act 2016 will permit malls, shops, restaurants, banks, and cinema halls to operate on a 24/7 basis. The bill is to have a significant impact on India’s ... Read more...

Brexit, Competition Law and the Prospect of Prison for Price-Fixers

By Dr Peter Whelan, Posted: 12th July 2016 07:59
Following the recent referendum result on Brexit, some commentators have emphasised that the EU Member States are now set to lose a valuable and innovative contributor to the development of substantive and procedural EU law. At a formal level this would certainly be the case. Indeed, in addition to EU law’s ceasing to form part of the national legal landscape, there will no longer be UK ... Read more...

Conspiracy to Defraud and Human Trafficking

By Mark Spragg, Posted: 7th July 2016 08:16
Many people are aware of the offences of Human Trafficking involving serious exploitation of workers brought from outside the UK to work as slaves for Gangmasters and others, sometimes in private homes. These people were promised a new life in a country known for its democracy and Human Rights who are held against their will because their passports are confiscated and exploited by being required t ... Read more...

Converting from an RO to a WFOE: Considerations Prior to the Official Announcement to Employees

By Dezan Shira & Associates, Posted: 4th July 2016 08:26
When an entity starts to expand and it is no longer advantageous to operate a Representative Office (RO), a company may look to establish a Wholly Foreign-Owned Enterprise (WFOE) in China. Timing is key to a smooth employee transfer from an RO to a WFOE (target company), as explored  ... Read more...

Exclusive Q&A on Cyber Security with Simon Morrissey

29th June 2016 07:46
Who are the main regulators and what are the key legislations that apply to the cybersecurity in your jurisdiction?   In addition to the Information Commissioner’s Office (the “ICO”), which is the general regulator of cybersecurity in relation to personal data, the UK regulators responsible for cybersecur ... Read more...

Missing the Mark: The Importance of Trademark Registration in China

By Dezan Shira & Associates, Posted: 28th June 2016 08:17
Apple has recently been involved in a few IP infringement cases in China that it has lost.  Earlier this month, there was a case where sales of all models in Apple’s iPhone 6 series were to be suspended by the Beijing Municipal Bureau of Intellectual Properties due to alleged infringement of appearance design patent of Shenzhen Baili’s 100C model mobile pho ... Read more...

China’s New NGO Law and its Impact on FDI into the Higher Education Industry

By Dezan Shira & Associates, Posted: 14th June 2016 08:02
China’s recently released law to regulate the activities of foreign non-governmental organizations (NGOs) has raised fresh doubts regarding foreign investment into China’s ... Read more...

Layoff Violations Under Vietnam’s Updated Criminal Code

By Dezan Shira & Associates , Posted: 7th June 2016 08:28
Recently implemented, an updated version of Vietnamese criminal code raises penalties for illegal termination of employees. Effective from July 01 2016, Code No. 100/2015/QH13 lays out punishments, including serious fines and even jail time, for those found to be terminating or coercing the termination of employees illegally.   In order to reduce ex ... Read more...

Exclusive Q&A on Outsourcing with Wolfgang Fritzemeyer

1st June 2016 08:18
How are outsourcing transactions regulated in your jurisdiction?   There is no general legal definition of the term "Outsourcing" in German statutory law. The applicability of existing legal provisions depends on the industry sector, the outsourced activities and the outsourcing structure. Usually, relevant statutory ... Read more...

Exclusive Q&A on Gaming Law with Jamie Nettleton

27th May 2016 10:24
Who are the main regulators and what are the key legislations that apply to the gaming industry in your jurisdiction? As a Federation, the legislative power in Australia is divided between the Federal Government and the eight constituent States and Territories. Traditionally, the power to regulate gambling activities in Australia is reserved ... Read more...

China’s New NGO Law: Navigating the Restrictions and Application Procedures

By Dezan Shira & Associates, Posted: 24th May 2016 08:18
A change of address for a business is sometimes a necessary step towards securing long-term gains. A company’s address is a core element of registered information (along with its business scope, registered capital, and company name, etc.), and making changes to this information can be a somewhat complex process. ... Read more...

Changes in French Employment Law

By Joël Grangé , Posted: 23rd May 2016 10:30
French employment law has been the subject of many changes under François Hollande’s government. In 2015, the Macron Law and the Rebsamen Law aimed at strengthening France’s economic growth and streamlined dialogue between social partners, respectively. In 2016, a draft law seeking to further reform employment law has been introduced by Labour Minister Myriam El Khom ... Read more...

Tips for foreigners trying to use a trademark in Japan

By Toshio Kobayashi , Posted: 19th May 2016 09:14
Needless to say, there is a big risk in receiving a lawsuit from another person because of infringement of a trademark under the Japanese Trademark Law or Unfair Competition Prevention Law, when you use a trademark without doing prior research about the availability of using that trademark in Japan. Therefore, we recommend requesting that we search the availability and registrability of the mark i ... Read more...

Managing Corporate Name Infringement in Vietnam

By Dezan Shira & Associates , Posted: 18th May 2016 11:08
In the midst of attracting record investment from all corners of the globe, Vietnam has a nasty secret – intellectual property (IP). Not only does the nation rank 88th out of 140 economies in terms of IP protection, but policy instability is increasingly cited by investors as a concerning aspect of doing business within the country.   ... Read more...

Exclusive Q&A on Divorce Law with Rita Ku

17th May 2016 07:59
Can You Talk Us Through The Process For Divorce In Your Jurisdiction? In Hong Kong a couple cannot divorce if they have been married for less than one year. After that either party can present a petition to the court and serve it on the other party, or there can be a joint application where both parties agree to divorce. The grounds for such ... Read more...

Exclusive Q&A on Corporate Governance with Robert Mundheim

13th May 2016 09:57
What are the main regulators and legislations that apply to corporate governance in your jurisdiction?   The internal affairs of the corporation (the role of the board, the powers of shareholders) are governed by the corporate law of the state of incorporation.  Most of the major U.S. corporations are incorporated in Delaware ... Read more...

Arbitration to Solve Corporate Disputes in Brazil

By Walter Stuber, Posted: 11th May 2016 08:44
Brazilian law expressly allows the inclusion of an arbitration clause or arbitral convention (convenção de arbitragem) in the by-laws of a company (sociedade anônima) and to make such clause binding upon all shareholders, including those who voted against the inclusion of the arbitration clause, granting the dissenting shareholders the right to withdraw from the com ... Read more...

Changing Shape of Employment Law

By Alex Lock, Posted: 9th May 2016 09:40
Employment law is where politics meets economics meets social policy. Every political party has a policy on employment law and every government since the 1970s at least has managed to tinker with legislation, if not stamp its mark on the employment law landscape. The last 20 years saw a huge expansion of rights and entitlements under the New Labour government, through to their curtailment under th ... Read more...

The Rights and Wrongs of Ship Arrest in Ireland

By Paul Gill, Posted: 3rd May 2016 09:59
One of the main things worth bearing in mind when considering the arrest of a ship (or a sister ship) in the Republic of Ireland (ROI) is the applicability of the various arrest conventions. Whereas the ROI is party to the Arrest Convention of 1952 and has given effect to it in its legislation, it is not a party to the 1999 Arrest Convention, and nor indeed is it a party to the Maritime Liens and ... Read more...

Exclusive Q&A on Corporate Governance with Mark Innis

25th April 2016 10:04
What are the main regulators and legislations that apply to corporate governance in your jurisdiction? The primary law that governs companies is Law No. 40 of 2007 on Limited Liability Companies ("Company Law"), overseen by the Ministry of Law and Human Rights, however it is critical to assess other laws in the relevant sect ... Read more...

Enforcement Anti-Corruption Trends: Bombastic Lessons From Brazil

By Isabel Franco, Posted: 19th April 2016 09:46
Ever since the 2014 World Cup defeat, Brazilians have never felt so humiliated by embarrassing headlines all over the globe showing the corruption scandals in Brazil. The huge corruption case swirling around Brazil’s state-run oil company Petrobras is being called the world’s largest. The bribery investigation known as “Carwash ... Read more...

The Spanish Supreme Court judgment on the “Prestige” casualty

By Julio López Quiroga & Hannah de Bustos, Posted: 18th April 2016 09:26
On 14 January 2016, the Criminal Division of the Spanish Supreme Court rendered a judgment in relation to the events that occurred since 13 November 2002, following the oil spill caused by the M/V “Prestige”.   The Supreme Court overturns the judgment issued by the La Coruña Court of Appeal on 13 November 2013 and, based on the fact ... Read more...

Exclusive Q&A on Divorce Law with Simon Cooper

15th April 2016 08:52
Can you talk us through the process for divorce in your jurisdiction?   Either party to the marriage may submit a petition together with a statement in support. These petitions are now handled centrally at one of 11 regional divorce centres rather than the parties’ local county court as was the case previously. ... Read more...

Exclusive Q&A on Environmental Law with Peter Alpert

13th April 2016 09:59
What does COP21 mean for the future of environmental law?  Properly and fully implemented in the United States, COP21 will necessitate political change more than it will require dramatic changes to prescriptive environmental law.  In the U.S. a general conceptual framework already exists for the implementation of COP ... Read more...

Public Private Partnerships in Vietnam Part 2: The Tendering Process

By Dezan Shira & Associates, Posted: 12th April 2016 10:47
Public Private Partnerships (PPP) are a growing and profitable entry point to the Vietnamese market. For firms seeking to tap into these opportunities, several steps must be followed as part of the investment process, including the preparation of a project proposal, its submission, and the tendering process. In part two of Vietnam Briefing’s series on PPPs, we help to s ... Read more...

Forensics Without Borders

By Dr. Robert D. Moody, Posted: 6th April 2016 09:25
Recently I was asked to reflect on my graduation from Law School in 1993 and my graduation dissertation addressing the effects technology would have on the US Statute commonly known as the “Long Arm Statute.”   To briefly summarize, I addressed the question as to whether or not the Long Arm Statute in its current or some future altered form wo ... Read more...

Joint and Several Liability in Canada

By Peter Cronyn , Posted: 4th April 2016 09:59
In Canada, the vast majority of personal injury cases are advanced on the basis of our law of negligence. In most provinces, one of the cornerstones of negligence law is the principle of joint and several liability.   With several liability, each defendant found liable is only responsible to pay his or her proportionate share of the damages.  But with jo ... Read more...

Legislative Developments in Employment Law

By Blerina Kotori , Posted: 29th March 2016 11:25
In 2015, Oregon continued to lead the nation in its progressive approach to employment law.  It passed a number of laws that address many employee issues that are defining the current presidential campaign, from an unprecedented structure for minimum wage to sick leave rights. This article summarizes the most significant changes that will not only impact companies conducting business in O ... Read more...

The EU – Vietnam FTA: Understanding Rules of Origin

By Dezan Shira & Associates, Posted: 22nd March 2016 12:30
Recently signed, the European Union – Vietnam FTA (EVFTA) presents exciting opportunities in a multilateral trading partnership that was valued at over 28 billion Euros in 2015. Not only has the agreement slashed tariffs on nearly 99 percent of all Vietnamese exports to the EU, measures have also been taken to ensure that the FTA stays updated in the face of future agre ... Read more...

Company Formations in Hungary

By Ádám Illés and Veronika Francis , Posted: 21st March 2016 09:50
Hungary is an EU member state since 2004 having a strong interest in foreign investment, hence the country aims to maintain an open economy in the heart of Eastern and Central Europe.  During the recent years leading up to the horizon of 2016, investments through new or existing company formations uplifted significantly such sectors like e.g. the automotive, information technology, life s ... Read more...

Exclusive Q&A on Litigation and Dispute Resolution with Alexandre Khrapoutski

14th March 2016 11:56
Have there been any recent regulatory changes or interesting developments? Yes, there has been major regulatory change in Belarus in past year. In 2015 the possibility to recover uncontested debt through obtaining executory endorsement made by notary public was substantially expanded. Now it is also possible to recover uncontested debt under ... Read more...

Ninth Circuit Disinvites Back-of-the-House Employees from Tip-Pool Party

By Sean Ray, Posted: 8th March 2016 09:56
On February 23, 2016, a panel of judges on the Ninth Circuit overturned the June 2013 Oregon District Court decision allowing employers in Oregon (and other Ninth Circuit states where employers do not claim tip credits) to have tip pools which include employees who are not customarily tipped (the “back-of-the-house” employees like dishwashers and cooks).  That 2013 dec ... Read more...

Terminating a Contract on the Grounds of Resume Fraud in China

By Dezan Shira & Associates, Posted: 7th March 2016 09:03
Resume fraud cases have risen in China in recent years. This is hardly surprising as, due to China’s increasingly competitive job market, applicants are willing to take sometimes drastic measures to appeal to potential employers. This can have significant consequences for the employer, such as wasted expenditure in the recruiting and hiring process and  ... Read more...

U.S. Sanctions Changes – New Opportunities and Risks with More Enforcement

By Alan M. Dunn & Jennifer M. Smith, Posted: 3rd March 2016 10:27
There have been dramatic changes in U.S. economic sanctions programs over the past six months.  In some cases the U.S. government has lifted restrictions, allowing transactions that had long been prohibited – notably Iran, Cuba, Liberia, and Myanmar.  In other cases, new sanctions have been added that are more restrictive, such as U.S. sanctions on Russia, Syria, and Su ... Read more...

Argentina’s commitment before the World Trade Organization to eliminate restrictions to imports

By Mercedes de Artaza, Posted: 1st March 2016 13:01
Within the framework of the Understanding on Rules and Procedures Governing the Settlement of Disputes of the World Trade Organization (WTO), and in compliance with the recommendations of the Dispute Settlement Body (DSB) before which certain WTO members filed the case Argentina – Measures which affect the import of goods, Argentina agreed to eliminate as from 31 Dec ... Read more...

Exclusive Q&A on Fraud and White Collar Crime with Jeremy Scott-Mackenzie

22nd February 2016 09:46
Have There Been Any Recent Regulatory Changes Or Interesting Developments? Whilst cyber-crime, such as the theft of personal data, is badly under-reported across Asia Pacific, there is slow legislative movement to address how companies handle these incidents.   As an example, the Australian government has ju ... Read more...

Australia's Insolvency Law Is Changing

By Ian Walker, Posted: 19th February 2016 11:13
Australia's corporate and personal insolvency laws are facing a substantial series of changes to be made by the Insolvency Law Reform Bill 2015 (ILRB 2015).  The ILRB 2015 was introduced into Parliament on 3 December 2015, but does not relate to restructuring.  But there are more changes likely to occur, particularly in relation to turnarounds and the restructure of finan ... Read more...

Exclusive Q&A on Competition and Antitrust with Ulrich Schnelle

18th February 2016 08:20
Have there been any recent regulatory changes or interesting developments? One of the more interesting development, in particular in comparison to other jurisdictions in the EU such as the UK or the Netherlands, is the specific focus of the Federal Cartel Office (Bundeskartellamt) on restrictions of internet (online) trade. The Federal Cartel ... Read more...

Exclusive Q&A on Fraud and White Collar Crime with James Ratley

10th February 2016 12:35
Can You Outline The Key Fraud And White Collar Crime Trends In Your Jurisdiction? Information security and technological innovations are two major trends to keep an eye on in the near future.  Information security is a major concern for organisations of all sizes and in virtually every industry, ... Read more...

Double Bind: Government Refuses To Define The ‘Online Marketplace’

By Dezan Shira & Associates, Posted: 2nd February 2016 09:46
Moving back on its earlier position, the Bharatiya Janata Party (BJP) led National Democratice Alliance (NDA) government has decided against defining the ‘online marketplace’ in India. The lack of clarification on what constitutes retail, wholesale and marketplace selling on online platforms is perpetuating confusion for foreign investors.   D ... Read more...

When Consent Is Not Consent

By Dominic Chambers QC, Posted: 1st February 2016 09:15
Recently civil courts in the United States of America have been making increasing use of so-called “consent directives” or “disclosure directives”, whereby the court (in the exercise of its personal jurisdiction) has compelled the customer of a bank to sign a directive authorising the bank to disclose details of his account which would otherwise have remaine ... Read more...

Patent – Law on Employees inventions in Europe

By Ms. Fabienne Paris, Ph.D., Posted: 28th January 2016 09:49
The EU Unitary Patent and Unitary Jurisdiction, which are planned to enter into force in 2017, provide a major step towards achieving harmonization of the various national patent laws and jurisdictions that rule patent prosecution and enforcement in the EU.    However, there are some patent-related issues that fully remain at the national levels.&nbs ... Read more...

Unsafe Products: Acting responsibly

By Richard Matthews, Posted: 15th January 2016 10:20
Criminal offences and how to avoid committing them   Standards of safety in consumer products have been driven upwards in recent years by ever increasing consumer expectations and broadening civil remedies.  Against a backdrop of headline- grabbing media reports and huge potential fines, we have also seen a significant growth in proactive intervention by ... Read more...

Exclusive Q&A on Real Estate by Juan Gomez Acebo

8th January 2016 10:06
Have there been any recent regulatory changes or interesting developments?   The main regulation in Spain is the Building Law of 5 November 1999 (Ley de Ordenación de la Edificación or LOE). The LOE sets out the legal framework for the construction process in Spai ... Read more...

The Guide to Employment Permits in Thailand for Foreign Workers

By Dezan Shira & Associates, Posted: 23rd December 2015 10:15
For expatriate workers and their employers in Thailand understanding the process to obtain a work permit is vital. Indeed, failure to do so would indicate illegal employment in the Kingdom in most cases. To secure a work permit in Thailand, a foreigner needs an initial visa, which is a non-immigrant visa, and it must be obtained before entering Thailand. Once the foreign ... Read more...

Exclusive Q&A on Fraud and White Collar Crime with Shula de Jersey

22nd December 2015 12:31
Have there been any recent regulatory changes or interesting developments?   Section 92 of the Care Act 2014 creates a new criminal offence for a provider organisation to supply, publish or otherwise make available certain types of information that is false or misleading where that information is required to comply with a statutory or ... Read more...

Outline of New Employee Invention System

By Shin Ushijima & Hiroyasu Kageshima, Posted: 21st December 2015 09:58
On 3 July 2015, the Act for Partial Revision of the Patent Law was enacted and is expected to become effective on 1 April 2016.  While the second Abe Cabinet is, as one of its growth strategies, aiming to raise Japanese competitive power by promoting innovation, the Amended Patent Law is intended to make it easier to keep the relevant patent rights in the companies, while allowing the inv ... Read more...

IPR equally valuable in Russia as in other regions

By Erik Goussev, Posted: 17th December 2015 13:38
Bureaucracy is regarded as one of the problems with doing business in Russia.  The country is known for government ineffectiveness when it comes to registration of any documents with the state officials.  Examination and registration of intellectual property rights (IPR) by the Russian Patent Office, however, is done efficiently and without unnecessary delays. &n ... Read more...

Thailand’s New Transfer Pricing Guidelines

By ASEAN Briefing, Posted: 7th December 2015 10:51
Thailand’s vote this past May to implement a new transfer pricing law is expected to come into effect in the early part of the new year. Transfer pricing refers to the sale of goods or services between branches of a company or subsidiary companies to a parent enterprise, and most countries instate some form of transfer pricing regulations in order to ensure that sales between divisions o ... Read more...

Exclusive Q&A on Labour and Employment with Emmanuelle Ries

2nd December 2015 09:25
Have there been any recent regulatory changes or interesting developments? Shared Parental Leave came into force in April 2015.  The first two weeks compulsory maternity leave is retained but eligible parents will be able to share some or all of the remaining maternity (or adoption) leave and pay, replacing additional paterni ... Read more...

Is it possible to purchase a software licence?

By Michał Paluszek, Posted: 1st December 2015 09:34
In my professional career, I often meet with people who start the description of their legal problem with “I have bought some software...” – but when I ask them to present me with a copy of a contract for the software, the best I can get is an invoice.  And then comes the surprise – such person has not “purchased”, but &ldquo ... Read more...

Regulation of the European Parliament and interchange fees for card-based payment transactions

By Jan Byrski, Posted: 26th November 2015 11:43
The Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions (hereinafter: the Regulation, IF Reg), is the European Union’s (EU) first legal act to regulate the issue of the functioning of payment card schemes in respect of card-based payment transactions.   The Regul ... Read more...

Post Grant Amendment of Patents

By John Richards, Posted: 24th November 2015 10:48
There is a real life problem in that when filing a patent application one will carry out a search, but it will be a relatively cheap search.  When the patent is granted and becomes important, those who are, or who feel, threatened by the patent carry out a much more expensive search.  This may result in prior art that knocks out part but not all of a claim.  The problem ... Read more...

Pharmaceuticals price regulation in Bulgaria – principles and latest changes

By Damyan Ganchev, Posted: 20th November 2015 09:49
The price regulation of pharmaceuticals by definition aims to achieve a balance between, on one side, the public interest in effective and accessible healthcare, and on the other the private commercial interests of pharmaceutical companies.  And if innovations and the improved access to treatment of previously incurable conditions are accepted well, the ever-increasing prices of medicines ... Read more...

High Court confirms that nucleic acid sequences are not patentable in Australia: D’Arcy v Myriad Genetics Inc

By Kim O’Connell, James Ellsmore and Luke Hawthorne, Posted: 16th November 2015 10:11
The High Court of Australia has handed down a significant decision, holding that Myriad’s patent claims for isolated nucleic acid sequences, indicative of a predisposition to breast cancer, are not patentable subject matter in Australia: D’Arcy v Myriad Genetics Inc & Anor [2015] HCA 35.  The decision does not touch on the remaining 27 claims of the Myriad pate ... Read more...

Walmart’s Bribery Scandal Shows Legal, Reputational Risks in India

By Dezan Shira & Associates , Posted: 12th November 2015 12:39
The Wall Street Journal recently reported that Walmart personnel paid bribes amounting to several million U.S. Dollars to support operations in India. The report stated that Walmart personnel made small payments between US $5 and US $200 to low-level government officials. According to the report, the bribes were made to obtain real estate permits and facilitate the movement of goods through custom ... Read more...

Exclusive Q&A On Technology, Media & Telecommunication with Indrė Barauskienė

10th November 2015 10:27
Who are the main regulators and what are the key legislations that apply to technology, media and telecommunications in your jurisdiction?   The Law of the Republic of Lithuania on Electronic Communications regulates the electronic communications sector in Lithuania. The Communications Regulatory Authority (CRA) supervises telecommuni ... Read more...

The “Safe Harbor” judgment of the European Court of Justice (“ECJ”) – Practical impacts

By Peter Homberg , Posted: 6th November 2015 09:14
The transmission of personal data to a third country outside of the EU is only permissible under European law if the third country in question guarantees an appropriate level of protection for this data. In its Safe Harbor decision, the EU Commission determined that the USA did offer an appropriate level of protection due to the “Safe Harbor” regulations. ... Read more...

The Sexual Harassment Act and the Indian Workplace

By Melissa Cyrill,Dezan Shira & Associates , Posted: 5th November 2015 11:49
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act is a legal act of the Indian parliament that came into effect on December 9, 2013. The Act was passed after numerous political delays and controversies, and is based on the landmark guidelines established by the Supreme Court in the case of Vishaka versus State of Rajasthan, 1997. < ... Read more...

Options and Alternatives For Candidates Not Selected In The H-1B Lottery

By Anthony F. Siliato & Scott Malyk, Posted: 27th October 2015 09:18
The H-1B visa is, by far, the most sought-after temporary work visa in the United States for foreign national workers. It requires sponsorship by a U.S. employer and is limited to specialty occupation positions which generally require the candidates to hold at least a bachelor’s degree (or the equivalent) in a relevant discipline.   Despite its demand, ... Read more...

The Guide to Overtime Regulations in ASEAN

By Maxfield Brown, Posted: 19th October 2015 13:55
As Chinese wages continue to rise and the economy transitions towards a more efficiency based structure of production, the Association of South East Asian Nations (ASEAN) has increasingly been tapped as the next factory of the world. Those looking to explore opportunities in ASEAN’s growing manufacturing base must be aware of the nuances found within the region and tailor their operation ... Read more...

Exclusive Q&A on Shipping and Maritime Law with Javier Franco Zarate

15th October 2015 09:06
What are the main regulators and legislations that apply to shipping & maritime in your jurisdiction? The Commercial Colombian Code (CCC) has incorporated some provisions regarding shipping and maritime matters in its fifth book, namely, the book on “Navigation”. Said provisions are referred to several matt ... Read more...

A Case study for the Netherlands

By Wilma van der Veer, Sanne van Ruitenbeek & Lyke Apontoweil, Posted: 13th October 2015 08:28
When a Dutch IT company is ready to hire a great candidate from India as their IT manager there are several aspects that need to be considered before making that decision.  These aspects are: the employment law situation, the tax consequences, and the permit situation and last but not least the relocation itself.    A ... Read more...

Exclusive Q&A on Franchise Law with Mercedes Clavell

9th October 2015 08:45
Can you outline the main laws affecting franchising in your jurisdiction?   In Spain we have Royal Decree 201/2010. It defines the franchising activity and establishes the minimum content of the disclosure document and the prohibition for the franchisor to receive any monies from any prospective franchisee before 20 days from the date ... Read more...

Vietnam Mulls Law Requiring Shipping Companies to Publicize their Freight Tariffs

By Vietnam Briefing, Posted: 7th October 2015 08:13
HCMC – The Vietnamese government has announced that it is considering implementing a new decree that would require shipping companies to publicize their freight tariffs (including surcharges and commissions paid to brokers) on both their own websites and on the Vietnam Maritime Administration’s website.   According to the government, the decre ... Read more...

Best Interests of Children Is Worldwide Standard to Resolve Custody Disputes

By Hollie A. Lemkin, CFLS, Posted: 6th October 2015 08:19
Not so long ago, the world seemed a very large place, and we all appeared very different from one another.  With respect to the standards and practices of Family Law, however, the world is fast becoming a very small, homogenized setting.    As recently as August 2015, actress Kelly Rutherford and her German-born ex-husband Daniel Giersch&rsq ... Read more...

Exclusive Q&A On Franchise Law with Stewart Germann

By Stewart Germann, Posted: 5th October 2015 10:49
Have there been any recent regulatory changes or interesting developments? In New Zealand a recent proposed change is to cartels, and the Commerce (Cartels and Other Matters) Amendment Bill 2011 could have a huge impact on franchising.  The Bill was introduced into Parliament on 13 October 2011 but it has not yet been passed. ... Read more...

Make in India: A Year in Review

By Melissa Cyrill, Dezan Shira & Associates, Posted: 2nd October 2015 10:24
Make in India is one year old this week. Designed to kick-start India’s lagging manufacturing sector, the national program has affirmed the business-friendly nature of the Bharatiya Janta Party (BJP)-led National Democratic Alliance (NDA) government. This was a key campaign promise by the BJP in the 2014 general elections – regain foreign investor confidence after y ... Read more...

Relocating Abroad With Children

By Eileen Pembridge, Posted: 1st October 2015 09:11
Whilst we pride ourselves in this country on our Diversity of Ethnicity, culture and creed, and enjoy the benefits of international marriages and other relationships there is one area of family law where this can cause heartbreaking litigation.  This is where one parent of a child from such a union wants to move abroad—typically but not necessarily ‘back home&rsquo ... Read more...

Indonesia to Implement Policy Package to Strengthen Lackluster Economy

By ASEAN Briefing , Posted: 29th September 2015 09:27
As Indonesia continues to struggle with an economy that refuses to strengthen adequately, President Joko Widodo has launched a policy package intended to jumpstart economic growth in the country.   The Indonesian economy has been faltering for some time now, with the country’s currency (the rupiah) falling to its lowest level since the 1997-98 Asian Financial Crisis at ... Read more...

USCIS now requires amended H-1B petitions to be filed when moving workers

By Matthew Morse & Michelle Burns, Posted: 23rd September 2015 11:30
On 9 April 2015, the U.S. Citizenship and Immigration Services (USCIS) Administrative Appeals Office (AAO) issued a precedent decision that addressed whether a change in work location is a material change requiring the employer to file an amended H-1B petition.  In Matter of Simeio Solutions, LLC, the AAO held that a change in a work location to a new geographical area requiring a new Lab ... Read more...

Cross Border Divorce

By Dr Alan Ma, Posted: 17th September 2015 10:09
The term “conflict of law” is mostly known in the context of business law and arbitration.  It is a set of rules aiming to assist courts in deciding cases which contain a foreign element.  There are three main elements to be considered: Jurisdiction of a court, whether the court is competent to hear and determine a case; ... Read more...

Immigration routes for work-related relocation to the UK

By Lee Jackson, Posted: 11th September 2015 09:27
There are a number of immigration routes available by which foreign nationals can relocate to the UK.  The following article summarises the main work-related routes available.    EEA migrants   It is far easier for nationals of the European Economic Area (EEA – i.e., the E ... Read more...

Formation of Companies and their litigation needs

By Luis Vidal Hamilton-Toovey, Posted: 8th September 2015 09:04
Chile has taken a huge step forward in recent years by enacting laws and regulatory procedures that permit the incorporation of a company in one day. This has been accomplished by means of a web page (www.tuempresaenundia.cl) that guides the person forming the company, step-by-step to draft the articles of association, and the pri ... Read more...

Plaintiff and French Competition Law

By Jean-Louis Fourgoux & Leyla Djavadi, Posted: 3rd September 2015 10:05
Under the French jurisdictional system, a victim of anticompetitive practices can lodge a complaint before: the French Competition Authority (“l’Autorité de la Concurrence” AdlC), the commercial courts, the administrative courts, and ... Read more...

Entrepreneurs – Argentina’s New “Value Added Engine”

By Carlos Casanovas & Gustavo Scravaglieri, Posted: 21st August 2015 09:11
Entrepreneurship ecosystem has been growing strong during the last years in Argentina.  The traditionally good quality of Argentine human resources plus numerous factors has turned entrepreneurs into a tool that the country is using as a “Value Added Engine” to generate new jobs and growth out of its borders.  In this sense, as we will analyse below, tech entr ... Read more...

Singapore’s New Amendments to the Companies Act: the Annual Audit Exemptions for Small Firms Explained

By ASEAN Briefing, Posted: 18th August 2015 09:31
Qualifying small companies in Singapore can now benefit by foregoing a yearly financial burden – annual audits. The new regulations arise from the amendment of Singapore’s Companies Act in October, 2014 – the most sweeping change made since the law’s original promulgation in 1967. The first set of alterations to the city-state& ... Read more...

Exclusive Q&A On Intellectual Property with Andrew J. Sherman

By Andrew J. Sherman, Posted: 14th August 2015 10:07
Is the era of Patent Trolls now behind us with the shifting political mood toward aggressive patent enforcement? The era of patent trolls is not yet behind us, much to the disappointment of small and mid-sized companies worldwide.  While several pieces of legislation have been introduced into the US Congress, no laws have yet ... Read more...

UK Prime Minister Cameron’s ASEAN Trip Reflects Growing Trade Links and Opportunities

By Dustin Daugherty, Dezan Shira & Associates, Posted: 13th August 2015 11:09
On Monday July 27, 2015, David Cameron, Prime Minister of the United Kingdom, capped off a five day long tour of South East Asia to discuss blossoming trade relations between the fast growing region and the UK. Surrounded by a phalanx of government ministers and business leaders that comprised a 30-member strong delegation, the Prime Minister visited four out of the six largest economies in the As ... Read more...

Vietnam and the EU Reach Agreement in Principle on FTA

By Edward Barbour-Lacey, Dezan Shira & Associates, Posted: 10th August 2015 09:34
HCMC – On Tuesday, Vietnam and the European Union reached an agreement in principle on a free trade agreement (FTA) that would remove most tariffs on goods, among other benefits. This is the first such agreement that the EU has concluded with a developing country, such as Vietnam. The newly announced agreement puts an end to the two and a half years of negotiat ... Read more...

Good Faith in Commercial Contracts: A New Duty?

By Ruhi Sethi, Posted: 7th August 2015 08:56
As English law currently stands, there is no general duty of good faith in commercial contracts.  There are exceptional contracts where the law will imply a duty of good faith i.e. employment, insurance and contracts governing fiduciary relationships where a group majority can bind a minority.  Over the last few years the UK courts have had to consider whether it is possible to i ... Read more...

Exclusive Q&A on Aviation Law with Jonathon Foglia

By Jonathon Foglia, Posted: 5th August 2015 09:21
What are the main regulators and legislations that apply to aviation in your jurisdiction?   The Federal Government pervasively regulates aviation and has exclusive sovereignty over the airspace of the United States.  The primary Federal regulatory agencies are: (i) the Federal Aviation Administration (FAA), which has several ... Read more...

Exclusive Q&A On Insurance and Risk Management with Joseph L. Petrelli

By Joseph L. Petrelli, Posted: 4th August 2015 09:13
Can you outline the current insurance & risk management landscape?   Excellent question!  There are paradigm shifts taking place on both the insurance and risk management landscapes. In the insurance landscape, alternative capital has discovered the property reinsurance marketplace. Primary carriers are utilizing the ... Read more...

Changes to the jurisdiction regime and enforcement across the EU and beyond

By Edward Hazzan & Rupert Croft, Posted: 3rd August 2015 08:34
Litigation is frequently discussed in the parlance of sport; parties speak of “teams”, “tactics”, “strategy” and “playing the game”.  Just like in sport, one should never underestimate the effect of the home-field advantage in cross-border litigation.  In a commercial dispute, having easy access to yo ... Read more...

Data Privacy and Security Law Develops Quickly in China

By Marissa Dong, Posted: 31st July 2015 08:32
The information and technology security related legislation and practice develops quickly in a fast changing environment for China’s national security challenges.  In April 2014, to respond to the various challenges in the new era, President Xi Jinping for the first time raised the “overall concept of national security”.  Thereafter, a series of legi ... Read more...

The Jockey in Third Party Finance

By Selvyn Seidel , Posted: 29th July 2015 09:08
To many investors in third party finance, if not most, the magnet attracting them to a claim is not any specific aspect of the claim itself.  Rather, it is the prosecuting lawyer.  The lawyer is the jockey mounted to ride the claim to success.  An experienced and skilled rider can make the difference.  That is particularly the case when U.S. lawyers are involved ... Read more...

The Bribery Act 2010: An International Act with Far Reaching Consequences for Business

By Adrian Eissa , Posted: 24th July 2015 10:24
Adrian Eissa argues that UK businesses and those who perform services for them need to ensure that they take steps to comply with the Bribery Act.   The foreword to the United Nations Convention against Corruption(1) declares that: “Corruption is an insidious plague that has a wide range of corrosive effects on so ... Read more...

South Africa – Combatting cartels and abuses of dominance high on the Competition Commission’s agenda

By Heather Irvine, Posted: 23rd July 2015 09:12
Since the inception of the Competition Act in 1999, the South African Competition Commission has focussed intensively on detecting and prosecuting cartels and preventing abuses by dominant firms in South Africa.  Billions of Rands in fines have been paid by global and South African companies involved in price-fixing, market allocation and bid-rigging to date, and the Commission has prosec ... Read more...

Vietnam - Starting a Business Under the New Law on Enterprises: Company Seals and Bank Accounts

By Dezan Shira & Associates, Posted: 20th July 2015 09:31
The Law on Enterprises 2014, which came into effect on July 1, 2015, has altered the processes associated with one of the most intriguing features of doing business in Vietnam – the company seal, affixed by using a “chop”. ... Read more...

Applying for Permanent Residency in Singapore – What a Foreigner Needs to Know

By Amelia Tsui, Dezan Shira & Associates, Posted: 16th July 2015 11:03
Known as one of Asia’s more stable and well-developed countries, Singapore has increasingly become an attractive business environment for many prudent foreigner business professionals and investors. A contributing factor to Singapore’s success is the government’s strong incentives program for foreign talent to commit to the country. ... Read more...

Automatic Enrolment and the New Regulatory Landscape for Pensions in the UK

By Robert Young, Posted: 15th July 2015 09:38
There is no doubt that this is an interesting time for pensions with yet another period of major change.   Firstly we have the challenges of Automatic Enrolment.  Although this started back in October 2012, at that stage it was the largest employers and it is now moving into a phase where smaller employers are reaching their staging dates until eventuall ... Read more...

Australian Senate to inquire into the effectiveness of Australia’s foreign anti-bribery measures

13th July 2015 09:41
Abstract   The Australian Senate is set to hold an inquiry into the effectiveness of Australian laws designed to tackle foreign bribery.  Senator Nick Xenophon, who moved for the inquiry said that it is “widely known to be illegal for Australian companies and organisations to engage in bribery and corruption oversea ... Read more...

Residency Schemes and Eligibility Requirements in ASEAN

By Dezan Shira & Associates, Posted: 6th July 2015 10:01
Regulations and procedures significantly vary between countries, and overall, obtaining a long-term residency status is a challenge for foreigners in ASEAN. We explain permanent residency and other programs available for foreigners who wish to reside in any of nine ASEAN nations. Malaysia  Foreign ... Read more...

India: Sunny Days Ahead

By Upendra Joshi , Posted: 3rd July 2015 09:29
That stemming climate change needs urgent attention and decisive action is news no more.  The need for clean energy is being felt like never before.  As a country with the third largest carbon footprint, India needs to find solutions.  Paradoxically though, in a country with the fourth largest coal reserves the per capita electricity consumption is abysmally low and a si ... Read more...

Spanish Government Announces a New Regulation on Electric Self-Consumption

Francisco Solchaga, Posted: 29th June 2015 11:52
On 5 June 2015, the Ministry of Industry sent to the National Markets and Competition Commission (CNMC –Comisión Nacional de los Mercados y de la Competencia-) the draft royal decree regulating the self-consumption that assures to"allow the establishment of such facilities where it is efficient for the whole electrical system,not in ... Read more...

Exclusive Q&A on Immigration Law with Anu Gupta

24th June 2015 13:02
Have there been any recent regulatory changes or interesting developments in your jurisdiction?   There have been several in the past year, most of them detrimental to attracting a foreign work force. To use Massachusetts as an example, the new Governer, Charlie Baker has been trying to balance the $768 million budget deficit he inher ... Read more...

What to Do When an Employee in China Gets Injured

Steven Elsinga, Dezan Shira & Associates, Posted: 23rd June 2015 08:23
Industrial accidents are unfortunately a common occurrence in China. No matter where the workplace is, an accident may just be around the corner. As an employer, it is therefore important to know what to do if an employee gets injured, and what would happen if a company fails to perform these duties. Work-related injury and occupational disease are covered under ... Read more...

California Mandates State,Wide Paid Sick Leave Law

By Kristine E. Kwong, Esq, Posted: 22nd June 2015 08:45
On 10 September 2014, California Governor Edmund G. Brown, Jr., signed into law the Healthy Workplaces, Healthy Families Act of 2014 (“California Paid Sick Leave Act”), with an effective date of 1 January 2015.  AB 1522 adds Labor Code Sections 245-249 and amends Section 2810.5 and requires California employers to provide paid sick leave to employees who work a certain ... Read more...

Will Your Employee Test Make the Grade? Considerations for Applicant and Employee Testing

By Tyler Volm, Posted: 18th June 2015 09:38
With demand increasing for efficient applicant and employee screening due to the proliferation of online job applications and rising safety concerns, scrutiny and enforcement have also increased.  Selection procedures (including testing) may occur during the hiring process, but may also be used for determining promotions, retention, transfer, and training decisions, which are subject to m ... Read more...

An Innocent Tweet or a Data Leak: Guidance for Drafting Social Media Policies to Protect Confidential Information

By Michael A. Shadiack, Esq. & Caitlin Petry Cascino, Esq., Posted: 17th June 2015 08:58
The concurrent expansion of social media platforms and proliferation of related regulatory/agency guidance, case law, and legislation is giving rise to a new set of challenges for employers.  As the use of social media increases and new guidance is issued almost daily, employers may find it difficult to remain in compliance while protecting their business interests.  To meet thes ... Read more...

Warming up to the Job: Employee Probation in China

By Andrew Salzman, Posted: 8th June 2015 08:47
The probation period is a feature of Chinese labor law with which many foreign companies may be unfamiliar, but it is a key provision that is employer friendly and allows companies to terminate employees without the onerous requirements set forth for regular employees. When hiring employees and writing the employment contract, businesses can choose to input a pr ... Read more...

Disputes at work and termination of employment

By Tom Redfern, Posted: 1st June 2015 08:32
There will always be issues at work between employee and employer.  On the employee side, they usually relate to incidents between fellow employees; workload, bullying, poor man management or pay.  On the employer side, they usually relate to poor performance or misconduct.  This article looks at the main ways of dealing with these from an employee and from an employer p ... Read more...

Local Directors no longer needed in Japan: Practical Issues with the Recent Rule Change

By Henry Tan & Matthew Kyle, Posted: 29th May 2015 10:22
Over the past decade Henry Tan, Representative Director of Tricor K.K., has helped companies of all industries enter the Japanese market.  Each time a company planned to set up an entity in Japan, without fail, there was a discussion about why there was a requirement to appoint a local Japanese resident, member or officer (details a ... Read more...

How to Plan for your Auto Enrolment Staging Date

22nd May 2015 09:09
The law regarding workplace pensions has recently changed. If you are an employer with one or more people working for you, you must now enrol eligible staff into a workplace pension scheme. It is known as automatic enrolment because your staff will be automatically enrolled by you. The following are key points and milestones in planning for the process. ... Read more...

China Releases Harshest Food Safety Law in History

By Kimberly Wright, Posted: 20th May 2015 09:36
China is updating its food safety law for the first time since 2009, in what is hailed as the harshest food safety regulation in China so far. The 2015 Food Safety Law will have a significant impact on both domestic and foreign firms involved in food business in China. The new food safety law, which will take effect on October 1, 2015, signals that the Chinese g ... Read more...

Hong Kong Announces Enhancement Measures for Immigration Policy

By Stephen O’Regan, Posted: 15th May 2015 10:03
Hong Kong is now facing the same ageing population crises as Mainland China. It is estimated that by 2040, about one in three Hong Kong residents will be over the age of 65. In order to help alleviate concerns about this, the Immigration Department has recently announced th ... Read more...

The Forged Instruction – A New Form of Fraud a la Francaise

By Bruno Weil, Posted: 12th May 2015 09:44
The following issue describes a case experienced first-hand by the author.   During a meeting with an executive of an international company and the managing director of its French subsidiary, an increasingly threatening risk of fraud in France that has affected dozens of companies including clients of our law firm, was brought up for discussi ... Read more...

Developments in UK & US Whistleblowing Protection

By Arpita Dutt, Posted: 22nd April 2015 10:07
In the wake of various corporate scandals, there has been increasing recognition of the public interest in robust whistleblowing protection and procedures in the UK and US.   Every month’s media headlines feature a new scandal such as LIBOR fixing, bribery or tax fraud.  Behind each lie individuals who knew, or at least suspected, that wrongdoi ... Read more...

Lump-sum taxation and residence permit in Switzerland

By Jean Donnet & Mattia Deberti, Posted: 14th April 2015 09:41
Foreign nationals who opt for Switzerland as their new place of living must obtain a residence permit in this purpose.  Citizens of non EU countries, even if they do not intend to carry out any gainful activity in the country, are not entitled to the grant of a residence permit if they have no specific personal relation to Switzerland and are not over the age of 55.  In such case ... Read more...

Find me the fastest way into the UK

By Adam Landy & Kerry Garcia, Posted: 9th April 2015 09:21
Could your business send an employee to work in the UK if there was an urgent business need to do so and how quickly could they start?   The answer depends upon the steps the business has already taken to plan for this eventuality and the long term intentions of both the migrant and the business.    The UK ... Read more...

An introduction to Italy’s perspectives for 2015

By Angelo Carlo Colombo & Martino Canal, Posted: 7th April 2015 09:31
After three years of recession, 2015 is expected to be the year in which GNP in Italy will resume growth.  Also, thanks to a number of coinciding favorable conditions: low interest rates, an abundance of cash in circulation (thanks to the ECB’s Quantitative Easing), political stability, and reforms completed and promised by the Government.  In addition, the Universal Ex ... Read more...

The Right to Privacy and to be Forgotten in an Era of Global Information

By Dr. Roffeh Ehud, Posted: 30th March 2015 09:20
One of the central questions discussed by lawmakers and academics is the right to be forgotten and how to restore control of privacy in the digital era.   As we discuss this issue, which includes questions regarding the right to be forgotten and the public’s right to know, the European Court has decided to implement the right of the individual to be for ... Read more...

The Offshore Industry – the end or the beginning of a new era?

By Tonia Antoniou, Posted: 26th March 2015 09:03
Undoubtedly the offshore industry has been under controversy and attack throughout the years, whereas recently some tried to link the offshore system to financial instability and crisis.   Offshore jurisdictions have been trying to attract wealthy and multinational corporations by offering them low tax rates, offshore banking services, high-quality administration ... Read more...

India’s Free Trade Agreements Under Negotiation – Progess and Developments

By Dezan Shira & Associates, Posted: 23rd March 2015 09:45
Free trade agreements (FTAs) are normally made between two countries, or a larger nation and a regional trading bloc. Many governments, including India, have either signed FTAs or are in the process of negotiating new bilateral free trade and investment contracts.   There are typically two types of FTAs: bilateral and multilateral. With positive signs recently em ... Read more...

Cambodia Recognizes First Patent Application

By Dezan Shira & Associates, Posted: 17th March 2015 09:34
Cambodia has recognized its first-ever patent application, marking a landmark for legal services provision in the country. The country has had a patent law in place since 2003, enacted as part of the countries WTO obligations, however it has struggled with the internal mechanisms required to enable it to actively process such applications.   However, in light of ... Read more...

Important Changes to UK Company Law

By Peter Stevens , Posted: 16th March 2015 09:34
The Small Business, Enterprise and Employment Bill completed its passage through Parliament in March 2015, and is expected to become law before the general election on 7 May 2015.  It will come into force in various stages between July 2015 and April 2016. The Bill is a substantial one (265 pages) with wide impact, but business owners and investors will be parti ... Read more...

Cyprus – a straightforward route to EU citizenship

By Tonia Antoniou, Posted: 11th March 2015 08:51
Cyprus is one of the most popular jurisdictions for non-EU citizens who wish to obtain an EU passport.  Over the last few years, the island has attracted many third-country nationals who wish to either live in Europe or enjoy the advantages of holding an EU passport.  The Cyprus naturalisation by investment scheme is considered the most straightforward route to becoming a Europea ... Read more...

Market Overview: The Entertainment Industry in China

By Dezan Shira & Associates and Brandeis School of International Business, Posted: 10th March 2015 09:01
The entertainment industry in China has seen explosive growth in recent years (an expected CAGR of 17 percent between 2010-2015), growing at a much faster pace than the overall economy. As more and more people in China enter the middle class, disposable income has grown by leaps and bounds, from US$760 per person in 2000 to US$3440 by 2011, according to Ernst & Young. As a result, millions ... Read more...

Setting up a Wholly Foreign-Owned Subsidiary Company in India

By Dezan Shira & Associates, Posted: 6th March 2015 09:25
Under Indian law, foreign investors are able to establish wholly owned subsidiary companies (WOS) in the form of private limited companies if they operate in sectors that permit 100 percent foreign direct investment (FDI). With India’s recent loosening of FDI caps, companies are now also able to establish WOS in the telecom services and asset reconstruction sectors. Establishing a privat ... Read more...

The EU Public Procurement Reform: A Danish View

By Jesper Avnborg Lentz & Petrea Brinkmann Hvet Hvas, Posted: 2nd March 2015 08:58
In February 2014 the EU adopted new public procurement legislation: updated Utilities and Public Services Directives and a new Concessions Directive.  EU member states now have until 17 April 2016 to transpose the new rules into national law.  A regulation, also part of the legislative package on public procurement, is still under negotiation.   ... Read more...

Enforcement On Arbitration Award In Indonesia

By Pheo M. Hutabarat, Asido M. Panjaitan & Leonive Simamora, Posted: 27th February 2015 09:27
Generally, there are two alternative forums for settling the commercial disputes, i.e. through (i) litigation and (ii) arbitration.  Arbitration is a form of alternative dispute resolution, a technique to resolve disputes outside the courts, where the parties to a dispute have agreed to resolved their legal dispute to one person or more (called the “arbitrators”, & ... Read more...

Obtaining a Multi-Year Employment Permit in China

By Stephen O’Regan, Posted: 19th February 2015 09:10
International Business Advisory Associate, Dezan Shira & Associates   Visas and the accompanying work permits are a common cause of confusion among expats in China. Regional differences and frequently-changing rules are often the root of the issue.   Recently, several cities have changed their policy relating to Employme ... Read more...

Exclusive Q&A On Labour & Employment With Jacqueline Beaumont

13th February 2015 08:59
1. Have there been any recent regulatory changes or interesting developments regarding labour and employment laws in your jurisdiction?   California’s Supreme Court recently approved the use of class action waivers in employment arbitration agreements, but denied the application of such waivers to Califo ... Read more...

Exclusive Q&A On Administration & Public Law With Paul Cunningham

9th February 2015 09:54
Q1. To what degree is administrative law adequate for understanding global politics and society?   A good lawyer never expects to anticipate judicial decision making in a national or local jurisdiction before careful study of the court’s social and political context and its internal culture. < ... Read more...

Setting up an Advertising Company in China

By Steven Elsinga, Posted: 5th February 2015 08:47
As China’s consumer market is expanding, demand for Western products is growing rapidly. Hand in hand with this development is the ever-increasing use of advertising to reach the rising Chinese middle class. In the first of this three part series, we explain how a foreign investor can set up an advertising agency. The second article will shed some light on the rules and regulations that ... Read more...

Indonesia Looks to Foreign Investment to Boost Economy

By Dezan Shira & Associates, Posted: 27th January 2015 09:16
As Indonesia looks for ways to attract more foreign investment and boost its economy, it has prepared for a busy year of investor-friendly reforms. It is set to introduce a one-stop service for providing ministry licenses, speed up the completion of government tenders by March each year, establish a land bank to fast track infrastructure projects and release a five-year $450 billion infrastructure ... Read more...

State Bank of Vietnam Issues New Regulations for 2015

By Dezan Shira & Associates, Posted: 23rd January 2015 09:19
HANOI – The State Bank of Vietnam (SBV) has issued a number of regulations for 2015. These new laws, which seek to help the country achieve its economic growth targets in 2015, touch on areas such as foreign currency loans, reducing bad debts, and money laundering.   Through Circular 43/2014/TT-NHNN, the SBV has extended permission for credit institutio ... Read more...

India Regulatory Brief: New Indian Accounting Standards, Changes to Environmental Law

By Dezan Shira & Associates, Posted: 22nd January 2015 09:00
India announces revised roll-out for new Indian Accounting Standards   On January 2, India’s Ministry of Corporate Affairs announced a revised plan for the implementation of the new Indian Accounting Standards (IndAS), which largely follow International Financial Reporting Standards (IFRS). If passed, the IndAS will bring In ... Read more...

Strategic Remedies for Corporate Fraud Victims: What to do When Fraud Hits Home

By Olivia G. Robinson, Posted: 14th January 2015 09:55
 - An air-tight investment dissolves in a Ponzi scheme.  - A trusted employee siphons off your profits in cooked books.  - A new consultant disappears with your client list.  - A cybercrime ring targets your company.   Corporate fraud—internal and external—is widespread ... Read more...

Singapore Signs IGA on FATCA with the United States

By Dezan Shira & Associates, Posted: 13th January 2015 12:43
SINGAPORE – On December 9, 2014, Singapore became the first country in Southeast Asia to sign an Intergovernmental Agreement (IGA) on tax information sharing with the United States. The signing follows an in substance agreement reached between Singapore and the US ... Read more...

Product Liability in Australia

By Greg Williams and Richard Abraham, Posted: 9th January 2015 09:06
Under Australian law, a person who claims to have been injured as a result of a product can bring an action for compensation on a number of grounds.  The causes of action most commonly plead are the common law tort of negligence, a breach of a statutory duty or a breach of the Australian Consumer Law (ACL) (formerly the Trade Pra ... Read more...

Is the U.S. Ready to Progress Beyond the 9/11 Era With Its Business Immigration Policies?

By Jorgelina E. Araneda , J.D., LL.M., Posted: 8th January 2015 09:00
The recently announced executive actions of President Obama of the United States makes it clear that the current Administration wishes to modernize and improve the country's immigration programs to grow the economy and create jobs.  This is important because the current status of business and employment immigrant visas is in flux.    Eac ... Read more...

NGO Activity in China Remains Limited, Despite Voiced Commitments to Reform

By Dezan Shira & Associates, Posted: 7th January 2015 09:56
SHANGHAI – As China faces increasing social and environmental challenges, the role of non-governmental organizations (NGOs) in addressing such issues has been recognized by the Chinese government to a greater extent than ever before. As evidence of this, the number of NGOs registered in China has almost doubled over the past decade.   ... Read more...

Developments in Collective Redress in the Netherlands

By Karen Jelsma, Posted: 6th January 2015 08:54
More frequently consumers buy their products outside their own home country which results in an increase of the cross-border trade.  With the increase of the global market, situations can arise in which a large (known or unknown) number of persons throughout the world get injured by a defective product or as a result of a wrongful act.  Collective redress mechanisms, including th ... Read more...

How to Establish an NGO in India

By Grace Tate, Posted: 5th January 2015 09:24
The Indian government has long been wary of foreign political interference through the operation and funding of non-governmental organizations (NGOs). As a result, the current legislation affords regulatory discretion to the government by prohibiting foreign funding for political organizations and imposes onerous reporting requirements for all NGOs. Recent intelligence reports have sparked fears t ... Read more...

Setting Up a Foreign-Owned Travel Business In Vietnam and China

By Edward Barbour-Lacey, Posted: 19th December 2014 09:14
HCMC – Tourism is big business throughout Asia. With its rising middle class, Chinese tourists are traveling throughout the region. Countries like Vietnam are seeing significant growth in their tourism industries.  As a result, more and more companies are looking to set up operations in the region. In this article we look at the regulations around setting up a tourism company in ... Read more...

India’s Companies Act 2013

By Jeenendra Bhandari, Posted: 18th December 2014 09:10
The Companies Act, 1956 had more than 650 sections; it was amended several times according to changing economic scenarios.  The Act came into force when there were only approx 0.03 million companies in India which is now raised to more than one million.  57 years after the first Companies Act was enacted and over 20 years after liberalisation, India inched closer to bringing more ... Read more...

Private Investigators in the UK: How the role is changing

By Mark Booth , Posted: 17th December 2014 09:02
Historically, Private Investigators in the UK are largely overlooked for mainstream investigation.  Eclipsed by what was once the greatest Police force in the world, their market was limited.  This was due to the commonly accepted reality that the Police would investigate and solve, successfully or not, anything that the general public could throw at them.   ... Read more...

Understanding India’s Industry-Specific Tax Incentives

By Dezan Shira & Associates, Posted: 16th December 2014 09:05
DELHI – Last month, India signed a Memorandum of Understanding (MoU) with the U.S. that will pave the way for an influx of investment into various infrastructure projects. While the focus of ... Read more...

Vietnam Minimum Wage Increases Spark Investor Uncertainty

By Dezan Shira & Associates, Posted: 15th December 2014 08:40
HANOI – The Vietnamese government has issued a decree to increase the country’s minimum salary by between VND250,000-VND400,000 (US$12-$19) starting January 1, 2015. This will bring the wage floor to between VND2.15 million-VND3.1 million ($101.4-$146.2) depending on the region.   The minimum wage will be highest in Region One, which includes ... Read more...

Tax, Accounting, and Audit in China 2015 – New Publication from China Briefing

By Dezan Shira & Associates, Posted: 9th December 2014 08:55
Tax, Accounting, and Audit in China 2015, out now and available for download in the Asia Bri ... Read more...

How the Foreign Corrupt Practices Act is Affecting Asia – Part 2

By Benedict Lynn, Posted: 8th December 2014 09:10
In the second part of this two part article examining how the Foreign Corrupt Practices Act (FCPA) will affect key nations in Asia-Pacific, we focus this week on ASEAN.  ... Read more...

How to Navigate India’s Employment Visa Procedures

By Adam Pitman, Posted: 4th December 2014 09:10
In September, Prime Minister Narendra Modi announced plans to relax visa restrictions for Non-Resident Indians. Expatriates have long been seeking a simplified application process for employment visas in India, and the reform initiative has buoyed the hopes of foreign nationals with an interest in the country.   While the Indian government may introduce tourist v ... Read more...

How the Foreign Corrupt Practices Act is Affecting Asia – Part 1

By Benedict Lynn, Posted: 2nd December 2014 09:39
The Foreign Corrupt Practices Act (FCPA) is a piece of U.S. federal law that aims to achieve accounting transparency and clamp down on corruption. Its remit is extensive and includes both U.S. companies and companies incorporated in the U.S., along with their officers, directors, employees, stockholders, and agents. The act prohibits payment to foreign officials, which it broadly defines as being: ... Read more...

Product Liability In Taiwan

By Jackson Shuai-Sheng Huang, Posted: 27th November 2014 09:10
In Taiwan, there are no specific sets of statutes dealing with product liability cases.  However, their relevant regulations concerning product liability are included in the Civil Code.  If a consumer is injured due to defects in a product or service, there are two different claims that he can assert in an attempt to remedy his injuries in accordance with the Civil Code.  ... Read more...

Australia Secures Far-reaching Benefits in Free Trade Agreement with China

By Steven Elsinga, Posted: 26th November 2014 09:43
China and Australia concluded a Free Trade Agreement (FTA) on November 17 in Canberra, with Chinese President Xi Jinping and Australian Prime Minister Tony Abbott signing the official document. This marks the conclusion of negotiations originally begun in 2005. China is Australia’s largest trade partner, with 20 percent of Australian imports coming fro ... Read more...

Transferring Capital and Profit Into and Out of Vietnam

By Dezan Shira & Associates, Posted: 21st November 2014 09:23
HCMC – Foreign exchange control is a paramount concern of all foreign investors entering into Vietnam, as regulations on capital inflows and outflows have a great influence on operations and profit.   Foreign exchange control includes transferring capital into and out of the country, opening and using bank accounts, borrowing foreign loans and ... Read more...

Is Equal Pay In The Private Sector A Ticking Time Bomb?

By Jawaid Rehman, Posted: 14th November 2014 09:15
Over the past decade or so, many public sector employers have been faced with huge liabilities that have arisen from equal pay claims.  These claims have come about primarily due to the implementation of job evaluations schemes - Single Status in local authorities and Agenda for Change in the NHS.  But will these claims find their way in to the private sector.  I would s ... Read more...

The 2014 Reform of the Spanish Reference Pricing System

By Jorge Llevat & Paula Barnola, Posted: 12th November 2014 09:16
The Spanish reference pricing system has been recently reformed with the introduction into Spanish legislation of Royal Decree 177/2014, 21 March, regulating the reference pricing system and the medicines homogeneous groups in the National Healthcare System(the “Royal Decree”) and the Ministerial Order SSI/1225/2014 (the “Order”), which develops the former.& ... Read more...

Discrimination Law in Indonesia

By Richard D. Emmerson , Posted: 11th November 2014 09:36
Indonesia is the largest economy in Southeast Asia and is a member of the G-20 major economies.  Annual growth averaged 5.8 percent for the 10 years through 2013.  Accompanying this economic growth, and perhaps encouraging it, Indonesia has seen gains in its equality rankings.  In the 2013 Human Development Report prepared by the United Nations Development Program, Indon ... Read more...

End of the Line: Terminating an Employee in China

By Zhou Qian, Posted: 10th November 2014 09:17
Heightened pressure in China’s labor market means that employers are commonly required to terminate employees to optimize their business operations. Legally speaking, this is by no means an easy thing to do, especially under the comparatively stringent regulations on terminating employment contracts since 2008. ... Read more...

AIFMD in Luxembourg: Passporting Regime & Reporting Timetable

By Jonathan Burger, Posted: 5th November 2014 08:56
Over the last 25 years Luxembourg has built up its position as the most popular domicile for undertakings for collective investments in transferable securities (“UCITS”).  At the same time Luxembourg has developed a strong track record in alternative investment funds structure such as hedge funds and funds of hedge funds, private equity vehicles and real estate funds.& ... Read more...

Unfair Competition & Compliance Law Portal

By Wioletta Gwizdała, Posted: 4th November 2014 09:19
The Unfair Competition & Compliance Law Portal, launched on 1 October 2014, is devoted to law concerning combating unfair competition.      This international project is an effect of cooperation of partner law offices from Poland, Germany and France.&am ... Read more...

Vietnam-U.S. Relationship Shows Continued Signs of Improvement, TPP Progressing

By Edward Barbour-Lacey, Posted: 27th October 2014 09:07
HCMC – Recent high-level government meetings have confirmed that Vietnam and the United States are continuing to strengthen their bilateral relations.  Among the important agreements are trade deals such as the Trans-Pacific Partnership (TPP) and the removal of a US arms embargo.  In 2015, the two countries will celebrate their 20th anniversary of ... Read more...

UK Government to impose 15% tax increase on off-shore gaming companies

22nd October 2014 09:07
Online gaming companies who have a UK based customer field but are based off-shore are set to face an increase in tax, with a new levy coming into fruition from December.  As it currently stands, gaming companies’ taxes are based on where they are geographically registered, rather than the location of their customer base, but this new legislation drawn together by the government ... Read more...

The Effect of Mitchell on Litigation Lawyers and Their Clients

By Simon Young & John Mackle, Posted: 20th October 2014 08:56
Mitchell v Newsgroup Newspapers Limited [2013] EWCA Civ 1537concerned a libel action by former government minister, Andrew Mitchell against The Sun newspaper which reported that Mitchell had called police officers at the entrance to Downing Street “f***ing plebs”.  For litigation lawyers, Mitchell has become synonymous not with ... Read more...

Deregistering a Representative Office in China

By Rainy Yao, Dezan Shira & Associates, Posted: 10th October 2014 08:41
For foreign companies looking to expand into the Chinese market, a representative office (RO) is the easiest type of entity to set up, as it entails no requirements in terms of registered capital. However, investors should be warned that in China, deregistering a representative office can be even more time-consuming and complex than setting up a new one. In this article, we detail the full process ... Read more...

Here Comes The Sun

7th October 2014 09:32
Against the backdrop of Dubai’s success with Expo 2020 and the emergence of green shoots of recovery, the prospects of resurgence in the property market look very promising.  Is the time ripe for replacing the negative sideshow of dispute resolution with the positive endeavour of delivering quality projects, on time and on budget?  If so, have the banks recovered their ... Read more...

Overview & Key Implications of the Recent Changes in the Commercial Law of the Republic of Serbia

By David Schoch & Patricia Gannon, Posted: 6th October 2014 09:34
From May of this year through the end of August, the government of the Republic of Serbia has enacted a number of changes to the commercial legal framework of the country.  The changes enacted provide a fairly good signal from the current government about their priorities in the coming years and their views on the challenges at present to the Serbian economy.  These legislative c ... Read more...

The New Corporate Criminal Law in Germany

By Prof. Dr. Jürgen Wessing, Posted: 3rd October 2014 11:09
Sanctioning corporations is a never-ending theme.  Various names of large companies are afflicted with negative headlines caused by offences of their employees, which resulted in fines up to billions.  The white collar crime debate in Germany is actually dominated by a draft law, which concerns the introduction of a corporate criminal law.  Suc ... Read more...

Franchise Law in Malaysia

By Jin Nee Wong , Posted: 1st October 2014 09:20
The Malaysian franchise industry is highly regulated.  The Franchise Act 1998 (“the Act”) was effective since 8 October 1999 and was amended by the Franchise (Amendment) Act 2012 which came into force on 1 January 2013.  The Act applies to the sale and operation of any franchise in Malaysia and regulates almost every aspect of a franchise including registratio ... Read more...

Antitrust Liability of Trade Association Members in case of Infringement by the Trade Association

By Pedro Callol & Jorge Manzarbeitia, Posted: 30th September 2014 08:59
If your company is a member of one of the myriad of trade associations active in the European Union (EU) you should stop for a second and think about this: your company may be found to be liable for antitrust fines imposed on the trade association of which your company is a member; and indeed your company is very likely to be found liable, since these associations usually lack any substantial econ ... Read more...

Applications Pursuant to Article 8 of the UNICTRAL Model Law

By Lydia B. Bunni & Dr Nael G. Bunni, Posted: 19th September 2014 09:51
Historically in Irish Law, where an arbitration agreement was found to exist between the Parties, Irish Courts, unless satisfied that the arbitration agreement was “null and void, inoperative or incapable of being performed or that there [was] not in fact any dispute between the Parties”, would make an order staying any court proceedings regarding that disp ... Read more...

‘Alternative’ Primed To Become Mainstream In Commercial Dispute Resolution

By Paul Jonson & Elizabeth Wilkinson, Posted: 28th August 2014 09:21
Alternative dispute resolution (ADR) is an umbrella term for the various techniques which may be deployed to resolve commercial disputes outside of the courts.  The term encompasses arbitration, mediation, expert determination, early neutral evaluation as well as informal negotiations and settlement meetings.    In our experience, mediation has ... Read more...

A recent, unreported decision of the Grand Court has provided some welcome guidance to liquidators and stakeholders

By Guy Cowan & Ross McDonough, Posted: 20th August 2014 09:46
A recent, unreported decision of the Grand Court has provided some welcome guidance to liquidators and stakeholders alike on the question of litigation funding in liquidations. In the Cayman Islands, all forms of alternative fee arrangements and commercial litigation funding were historically prohibited, as a matter of public policy, by criminal and civil laws against ma ... Read more...

Interesting Trends That Are Being Noticed In Litigation & Dispute Resolution In Botswana

By Luke and Associates, Posted: 18th August 2014 09:27
Recent trends show a positive approach to arbitration as a preferred means of dispute resolution as opposed to litigation.  Firstly, there has been an increased use of arbitration in Botswana; this is mostly because of a rise in commercial disputes, international and regional transactions between state parties and/or business men.  Furthermore, disputes connected with the terms a ... Read more...

Structured Notes Dispute Resolution in Taiwan – Update

By Dr. George Lin, Eric Hsu & Ross Darrell Feingold, Posted: 15th August 2014 09:08
As in other jurisdictions, disputes between structured notes investors in Taiwan and distributor banks increased dramatically from September 2008’s financial crisis when such products lost significant value or ceased to trade.  Under Taiwan’s regulatory structure, investors purchased the notes via non-discretionary trust account at a distributor bank, which in turn pur ... Read more...

The Silver Splitter

By Vanessa Lloyd Platt, Posted: 12th August 2014 08:40
Over the last two years certain discernible trends have been developing in divorce and matrimonial cases.  Some are as a direct result of the impact of the recession and others as a result of changing social trends.    This article is about the trend of the silver splitter.  What is this?  How is it affecting clients and what a ... Read more...

Foreign Cartels & U.S. Courts: How the FTAIA Exceptions Apply

By Barbara Hart, Vincent Briganti & Geoffrey Horn, Posted: 5th August 2014 10:28
While there is some controversy about whether U.S. courts should police global conspiracies, there are vibrant and noteworthy remedies available when foreign conduct gives rise to a Sherman Act claim.  The United States Congress passed the Foreign Trade Antitrust Improvements Act in an effort to limit the foreign reach of the Sherman Act, 15 U.S.C. § 6a, “exclud[ing] fr ... Read more...

Riots At Sports Events – Does A Club Have The Right To Apply Physical Force To Prevent Damage?

By Dr. András Gurovits, Posted: 1st August 2014 08:45
In conjunction with riots by rioting "fans" before, during and after a sports event, there are regularly calls for the organiser to be held responsible for the financial consequences.  In this short article, it is shown that it needs to be differentiated whether a person comes to harm outside or inside the stadium.   The organiser can s ... Read more...

Corporate Governance Challenges in Asia-Pacific

By Dezan Shira & Associates, Posted: 31st July 2014 08:40
SINGAPORE – Regulatory compliance issues and a lack of secure business communication processes are among the key challenges in corporate governance faced by companies operating in Asia-Pacific, according to the latest results of the Thomson Reuters and EY 2014 Governance Survey. The Reuters’ report surveyed employees from the governance teams of a wid ... Read more...

Short term loans in 2014: a review

By Claire Carpenter, Posted: 30th July 2014 09:30
The payday loans market has come in for some considerable criticism during the last few years and come under the spotlight of the consumer credit industry’s watchdog, the Financial Conduct Authority (FCA).   What has all that attention meant for payday loans in 2014 – and what are likely to be the longer-term implications? &nb ... Read more...

Developing Effective Compliance Programs – and Getting It Right

By Patti McKeown, Posted: 29th July 2014 08:47
Many organisations today are either required to have a compliance program or clearly understand the need to protect the organisation and have proactively established a compliance function.  The question, however, is whether the compliance program is effective.   Regardless of the industry – but particularly for those industries that are regulat ... Read more...

European Reform of Investment Protection & Investor-State Dispute Settlement

By Chris Colbridge & Philipp Kurek, Posted: 25th July 2014 08:49
Upon entry into force of the Lisbon Treaty on 1 December 2009, exclusive competence relating to Foreign Direct Investment (“FDI”) was transferred from the EU’s Member States to the EU.  This provided the EU with a unique opportunity to set a new agenda for investment protection and the settlement of investor-state disputes between the EU block and third state ... Read more...

A New Line of Work: Changing the Business Scope of a Company in China

By Matthew Zito & Maria Kotova, Posted: 24th July 2014 09:39
SHANGHAI – Companies evolve. Whether through natural expansion or midlife crises, sometimes it becomes necessary to branch out into something new. In China, a company’s operations are defined by its business scope, a one-sentence description of the industry(s) it is authorized to operate in. Therefore, any significant change to company operations must be preceded by a registere ... Read more...

Trade-Based Money Laundering: The Next Big Headache for Financial Institutions

By Siobhain Egan, Posted: 21st July 2014 09:09
Money laundering is rarely out of the news these days.  There appears to be a renewed focus by international regulators on trade-based money laundering (TBML).  There is nothing new about TBML; it has been going on for decades.  For example, the Mexican drug cartels are experts in this area, following the example of their Colombian counterparts.  It is a sophist ... Read more...

Interesting Trends That Are Being Noticed In Litigation & Dispute Resolution In Botswana

By Luke and Associates, Posted: 15th July 2014 08:37
Recent trends show a positive approach to arbitration as a preferred means of dispute resolution as opposed to litigation.  Firstly, there has been an increased use of arbitration in Botswana; this is mostly because of a rise in commercial disputes, international and regional transactions between state parties and/or business men.  Furthermore, disputes connected with the terms a ... Read more...

'Rather fail with honour than succeed by fraud.' – Sophocles

By Rovine Chandrasekera, Posted: 10th July 2014 09:04
As the UAE increases its status as a global hub for finance and investment, the issue of fraud becomes increasingly prominent.    The UAE's authorities are intensifying efforts to develop and adapt legislation to combat the increasingly sophisticated financial crimes to maintain a reputation as a safe environment for international companies to in ... Read more...

The Implications of the Bribery Act

By Michael May, Posted: 9th July 2014 08:46
The Bribery Act came into force on 1 July 2011.  Described as the toughest anti-corruption legislation in the world, it has a much wider remit than its international counterparts such as the US Foreign Corrupt Practices Act and aims to criminalise all forms of bribery.  The Act has had a significant impact on how UK businesses of all shapes and sizes conduct their affairs, target ... Read more...

Preparing To Give Evidence – An Essential Part of Any Litigation Strategy

By Jason Galbraith-Marten QC, Posted: 1st July 2014 08:56
‘Before anything else, preparation is the key to success.’ Alexander Graham Bell The number of recent cases in the UK in which judges have commented adversely on witness performance is remarkable.  For exam ... Read more...

Unlawful Use Of Insider Information & Market Manipulation

By Maxim Pyrkov & Maxim Kulkov, Posted: 24th June 2014 11:45
On 27 July 2010 the Insider Trading Law (the Law)[1] was adopted in Russia.  Adoption of the Law triggered, inter alia, ... Read more...

China and India to Reach "Final Settlement" Over Border Disputes

By Dezan Shira & Associates, Posted: 18th June 2014 09:06
Chinese Foreign Minister Wang Yi has said that China is prepared to reach a final settlement with India on the issue of border disputes and investment if India is open to increasing bilateral trade and relaxing foreign direct investment regulations. “Through years of negotiation, we have come to an agreement on the basics of a boundary agreement, and we are pre ... Read more...

Vietnam to Pursue Draft Amendments to Business Laws

By Dezan Shira & Associates, Posted: 5th June 2014 08:30
HANOI – Vietnam’s government is seeking to issue draft amendments to a number of laws in order to help streamline business activities and make existing regulations easier to understand. These laws include the Law on Enterprises, the Bankruptcy Law, and changes to regulations surrounding the Law on So ... Read more...

U.S. Court Clarifies Foreign Corruption Practices Act

By Dezan Shira & Associates, Posted: 2nd June 2014 08:48
A clarified definition of an “instrumentality” of a foreign government under the FCPA will impact American company relationships with state owned, and partially state-owned enterprises across Asia. A landmark ruling by the Eleventh Circuit Court has clarified the definition of an “instrumentality” of a foreign ... Read more...

Lamborghini or Lada? The New Retirement Choices

By Nick Boyes, Posted: 30th May 2014 08:50
As a way of drawing attention to the seismic change to the UK pensions landscape announced in the Budget speech in March 2014, admitting that you could use your pension savings to purchase a Lamborghini was inspired.    For those of us within the pensions industry this unforeseen development has caused as much excitement as the arrival of a £26 ... Read more...

How to Choose the Right Payroll Services for Your Needs

By Webb Ward, Posted: 27th May 2014 08:45
Payroll performance was often traditionally thought of as part of the manager’s or HR department’s tasks – a boring and tedious job that takes up much time, but an important task nevertheless. In recent years, however, it has become more common for such activities to be outsourced to other companies, companies that specialise in payroll services. Its popularity has no ... Read more...

New and Old Rules in Food Labelling & Marketing: How Many Laps Left?

By Ariela Agosin Weisz & Nelson Campos Pereira, Posted: 26th May 2014 09:04
Ready, set, go!   On December 17, 2013, former Chilean President Sebastián Piñera, along with his Education and Health Ministries, announced the publication of the Food Labelling Law (N° 20606 of 2012) Rules, which specified the applicability, administrative measures, deadlines to ada ... Read more...

Mexico: New Labour Regulation; What’s Next?

By Hugo Hernández-Ojeda Alvírez, Posted: 22nd May 2014 08:47
The Mexican Federal Labor Law governs employment relationships in Mexico; such regulation applies to all work relationships.  The Law is of constitutional origin, and its dispositions cannot be waived.   In December 2012, after 42 years, the Mexican Federal Labor Law was finally amendment (“Labor Reform”) with new rules for the employ ... Read more...

Vietnam Promises Action on Corruption

By Dezan Shira & Associates, Posted: 16th May 2014 11:01
HANOI – In a May 5th speech to the National Convention on Anti-Corruption, Vietnam’s Party General Secretary, Nguyen Phu Trong, strongly pushed for greater action to be taken in the fight against corruption. Mr. Trong stated that, despite previous work done to fix the problem, “corruption is still a challenge and is one of the most pressing issues in soci ... Read more...

Employment Of Expatriates In México

By Mónica Schiaffino, Posted: 14th May 2014 08:55
As Latin America has become home to an increasing number of multinational enterprises, we have seen a corresponding growth in expatriates living and working in Latin America.  While this transition can be accomplished without undue hardship, before companies employ expatriates in Mexico they must consider Mexican labour relati ... Read more...

Non-Competition Agreements: Are They Facing Possible Extinction?

By Tamsin R. Kaplan, Esquire & Evgenia I. Goryshina, Esquire , Posted: 12th May 2014 09:10
Former employees may be out of sight, but certainly not out of mind.  If a former employee of a company is hired by a competitor, the company risks losing more than its trade secrets and confidential information: its goodwill, reputation, and relationships with its customers, clients, and vendors are all at stake.  As labour mobility has increased, employers in the United States ... Read more...

Retail Law In South Africa & Africa: Recent Trends

By Lawrence Helman , Posted: 7th May 2014 11:42
One of the key features of the South African legal landscape in recent times has been the inbound investment from major retail players including Walmart, H&M, Ben Sherman, Burger King and General Nutrition Centre, to mention but a few.  Many of these international retailers now entering the South African market are presenting new competitive challenges to the well-established reta ... Read more...

Going Global -- Navigating the Expat Employment Relationship to Reduce Litigation Risks

By Julie Trotter, Posted: 30th April 2014 08:44
Cross-border employment relationships provide valuable growth opportunities for employees while giving companies access to unique talent, skill sets, and points of view.   Employees may seek expatriate opportunities for personal reasons or professional development.  According to a recent Mercer survey, 70% of companies expected to increase their short-term expat assignme ... Read more...

Mandatory ACAS Pre-Claim Conciliation

By James Davies & Tarun Tawakley, Posted: 25th April 2014 12:54
Since coming into power in 2010, employment law, and specifically its reform, has been a hot topic for the UK’s coalition Government – with most changes aimed at boosting business by cutting red tape.  Having made no fewer than 59 legislative changes to employment law to date (each with varying degrees of controversy, and arguably success), this trend looks set to cont ... Read more...

Alternative Options For Delisting Under Turkish Law

By Gülperi Yörüker, Posted: 23rd April 2014 09:09
There are two alternative options for delisting of a public company quoted in Istanbul Stock Exchange which have been stipulated under the new Communiqués of the Capital Markets Board of Turkey (“CMB”).  The “Communiqué on Common Principles regarding the Significant Transactions and the Retirement Right” of the Capital Markets ... Read more...

Establishing a Holding Company in Singapore

By David Lee, , Posted: 16th April 2014 08:42
The requirements for establishing a local business presence in Singapore are minimal and, according to the World Bank, setting up a business takes only two and a half days on average. Holding companies in Singapore are typically registered as private limited companies (or “subsidiaries”), and this company structure is by far the preferred business arr ... Read more...

Thinking Before Linking in the EU

By Claes Langenius & Peter Ahlström, Posted: 10th April 2014 09:08
The long awaited verdict in the Svensson case regarding the complicated issue of hyperlinking was recently given by the Court of Justice of the European Union (“CJEU”).  In this article Claes Langenius and Peter Ahlström from the law firm Hammarskiöld & ... Read more...

An Introduction to Singapore Holding Companies

By Dezan Shira & Associates, Posted: 8th April 2014 08:41
Since the mid-1990s, Singapore has earned a reputation for being the preeminent location for establishing a holding company in Asia. As a banking and financial services hub, Singapore is the Association of Southeast Asian Nations’ (ASEAN) de facto commercial capital, and has carefully forged its legal and tax regimes to be among the most business- and investor-friendly in the world. ... Read more...

What is Environmental Due Diligence to the Power and Energy Sector?

By Sarah Mogford – Director RSK Environment Ltd, Posted: 4th April 2014 08:56
Recent economic and M&A deal outlook have noted that there is likely to be a continuing positive trend in the number of deals we see in the energy, power and renewable sectors internationally over the coming year.  There are, as one might anticipate, a wide variety of potential environmental issues which may be encountered in in these sectors.  Environmental due diligence ... Read more...

Litigation in Brazil – The Difficulties & Alternatives

By Octávio Aronis, Posted: 2nd April 2014 08:38
As an attorney in São Paulo, Brazil, simply speaking, navigating the Brazilian legal process can be difficult and time-consuming.   I always carefully explain to all of my clients that due to the costly bureaucratic legal process, commercial litigation should only be pursued when all other alternatives have failed.  For example, obtaining a ju ... Read more...

Workplace Injuries: Do You Deserve Compensation?

By Webb Ward, Posted: 31st March 2014 09:21
Workplace injuries can lead to disastrous consequences.  A worker injury might imply that the concerned employer has not been able to create safer work conditions for employees.  There are different types of workplace injuries sustained by individuals.  As you go further through the post you would be duly acquainted with the dynamics of these types of mishaps. & ... Read more...

Rising Global Defense Spending: Asia Pacific’s Outlook

By Shawn Greene, Posted: 21st March 2014 09:15
For the first time in five years, worldwide defense spending will increase according to IHS Jane’s Annual Defence Budgets Review.   According to the forecast, China is on track to outspend the UK, France and Germany combined by 2015, and Asia Pacific remains the only region with a steady increase in defense expenditures fro ... Read more...

Resident & Work Permit for non-EU-Citizens

By Jacqueline Zesiger, govAccess GmbH, Zürich, Posted: 20th March 2014 08:54
Global Labor Market - Resident and Work Permit Switzerland   In the course of globalisation and technological progress, enterprises depend more than ever on foreign talents that are experienced and qualified.  However, work permits such professionals are not easy to be obtained for non-EU-citizens and certain criteria need to ... Read more...

China’s Relationship with the Contentious U.S. FATCA

By Dezan Shira and Associates, Posted: 19th March 2014 09:01
For several years now, the United States has been preparing legislation under the Foreign Account Tax Compliance Act (FATCA), a complex reporting and withholding regime intended to enable the U.S. to better access offshore accounts, investments and income of U.S. citizens who have failed to rigorously report these holdings. Despite several nations’ embrace of the FATCA, China h ... Read more...

When Expert Valuations are Invaluable

By Mark Ashburn, Posted: 18th March 2014 08:58
Separations are a nightmare.  Whether you are going through a divorce or breaking up a partnership, dividing up assets can be difficult and stressful.  This is true enough of something like a second hand car where a value is easily obtained but what about assets where the value is harder to agree? Whether as a result of a shareholder dispute, dividing u ... Read more...

China Issues Revisions on Company Registration Rules

By Dezan Shira & Associates, Posted: 13th March 2014 08:58
SHANGHAI – China’s State Council disseminated Order No. 648 (“Order 648”) last Friday in a move towards further implementing the recently revealed business registration reform scheme. The Order, signed by Premier Li Keqiang, abolished two administrative regulations pertaining to capital contribution requirements for Sino-foreign joint ventures, and revised e ... Read more...

Schemes of Arrangement and the Headcount Test

By David Lamb , Posted: 7th March 2014 08:52
Schemes of arrangement are a popular way to privatise or restructure companies but the threshold for approval of a scheme of arrangement carries an olde sting in the application of the headcount test.    Schemes require approval by a majority in number (headcount test) of members holding 75% in nominal value of the relevant shares.&l ... Read more...

North American Leaders Champion TPP

By Shawn Greene, Posted: 26th February 2014 08:46
At the so-called “Three Amigos Summit” in Toluca, Mexico, celebrating the 20th anniversary of NAFTA this week, the leaders of Canada, Mexico and the United States have vowed to expand free trade agreements between North America and Asia while pushing for the successful conclusion of Trans-Pacific Partnership (TPP) negotiations this year. & ... Read more...

Transition in Judgment of Inventive Step in Japan – “Same Technical Field Theory” created “Hindsight”

By Masashi Yanagida, Posted: 25th February 2014 08:34
The standard of judgment regarding inventive step or un-obviousness in examination of patent applications, and also, the standard of judgment of validity of patents has changed with the times in the Japanese patent practice.  The recent notable change of the standard was observed as follows.   Until the year of 2000, the Japan Patent Office (JPO) and the ... Read more...

Office Premise Requirements for WFOE, FICE and RO Registration in China

By Dezan Shira and Associates, Posted: 20th February 2014 09:03
To register a foreign-invested enterprise (FIE) or a representative office (RO) in China, it is a prerequisite to own or lease an office premise (as the place of business). The State Administration of Industry and Commerce (AIC) requires proof of a place of business for the registration of all FIEs. As such, the FIE must possess all legal documents pertaining to the premise as required b ... Read more...

China’s Relationship with the Contentious U.S. FATCA

By Dezan Shira and Associates, Posted: 18th February 2014 08:35
For several years now, the United States has been preparing legislation under the Foreign Account Tax Compliance Act (FATCA), a complex reporting and withholding regime intended to enable the U.S. to better access offshore accounts, investments and income of U.S. citizens who have failed to rigorously report these holdings. Despite several nations’ embrace of the FATCA, China h ... Read more...

Fraud, White Collar Crime and Asset Recovery: A Time to Re-Calibrate

By Andrew Bodnar, Posted: 10th February 2014 08:43
Fraud, “white collar crime”, corruption and asset recovery – areas which increasingly overlap and which are increasingly an integral part of business, rather than being something to be thought about only when there is a problem, or as part of a company’s regulatory obligations.  There have been significant developments in the law, but also significa ... Read more...

Current Approaches to Managing Discovery in California Complex Courts

By Thad Davis & Christine Fujita, Posted: 7th February 2014 08:58
In California, seven trial courts have civil litigation departments dedicated exclusively to complex cases—the Superior Courts of Alameda, Contra Costa, Los Angeles, Orange County, San Francisco, Santa Clara, and San Mateo.  A “complex” case is defined as “an action that requires exceptional judicial management to avoid placing unnecessary burdens o ... Read more...

The Future of the Accounting and Legal Professions in China

By Dezan Shira & Associates, Posted: 30th January 2014 09:30
The accounting profession in China and, more generally, Asia, will undergo dramatic changes over the next decade as competition intensifies and business complexity increases, according to the Intuit 2013 Future of Accounting Report. More accoun ... Read more...

SEC Suspends “Big Four” Chinese Units from Auditing U.S. Public Companies

By Dezan Shira & Associates, Posted: 28th January 2014 08:50
The Chinese affiliates of the well-known “Big Four” accounting firms are suspended from providing audit services for U.S. listed companies for six months, an Administrative Law Judge with the Securities and Exchange Commission (SEC) ruled on Wednesday. The ruling could affect a lot of Chinese companies listed in the U.S. stock exchange market and U.S.-based multinational compan ... Read more...

Legal Developments In the Pharmaceutical Sector In Europe

By Catherine Mateu, Posted: 27th January 2014 09:39
The past year was quite dense with regards to international protection of pharmaceutical products in Europe, with several crucial rulings from the European Court of Justice on referrals from member states jurisdictions.    Starting with a regional point of view, on July 18 2013 (C-414/11), the European Court of Justice ruled that TRIPs provisions regardi ... Read more...

Exclusive Fraud & White Collar Crime Q&A

With James Macguill – Macguill & Company, Posted: 24th January 2014 11:11
The Fraud & White Collar Crime landscape has changed – and continues to change – significantly, particularly in the aftermath of the Libor scandal.  We spoke with James Macguill of Macguill & Company to find out discuss the latest trends and developments.   James Macguill has been involved in co-operating with lawyers ... Read more...

Formation of Hong Kong Limited Company

By Webb Ward, Posted: 21st January 2014 08:50
 Why Hong Kong? Hong Kong, it is a reputed, business friendly, no capital gain taxes, no withholding taxes, low tax jurisdiction without sales taxes and no tax on profits made by doing business activities internationally. Thus, Hong Kong is considered as the best and logical choice for running international businesses. & ... Read more...

China Amends Its Company Law

By Dezan Shira & Associates, Posted: 16th January 2014 08:47
With the aim of stimulating social investment and entrepreneurship, China’s National People’s Congress adopted the “Amendment to the Company Law of People’s Republic of China” (hereinafter referred to as ‘Amendment’) on December 28, 2013, which has lowered the company establishment requirements and reformed the  ... Read more...

Final Regulations Issued under I.R.C. Section 336(e)

By J. Leonard Teti II & Jay S. Gill, Posted: 13th December 2013 09:17
On 15 May 2013, the U.S. Treasury promulgated final regulations that finally allow taxpayers to make an election, under Section 336(e) of the U.S. Internal Revenue Code (the “Code”), to treat a disposition of stock of a U.S. corporate subsidiary (or of an S corporation) as a disposition of that corporation’s assets.  We refer to the Section 336(e) election as ... Read more...

Changing Landscape of Product Liability Class Actions

By Brian Wright , Posted: 29th November 2013 09:13
The landscape of product liability class actions has changed significantly in recent years, generally favouring defending companies.  Recent decisions from the Supreme Court have been seen as decisive victories, indicating an escalating trend toward enhanced judicial scrutiny of certification issues.  Such decisions have caused plaintiffs to shift their focus from injury actions ... Read more...

Consumer Rights Bill

By Noel Dilworth, Posted: 26th November 2013 09:04
June 2013 saw the publication of the draft Consumer Rights Bill.  The appointment of a Parliamentary Committee to scrutinise the Bill and the volume of responses to the consultation reflect the fact that the Bill raises some serious issues and that there may be many more changes before the Bill goes onto the Statute books.    The twin intentions ... Read more...

The Expert Witness as Teacher: How a “Neutral” Tutorial Can Enhance a Jury’s Understanding of Your Case

By David Jaroslaw & Wendy Michael, Posted: 22nd November 2013 09:11
(Adapted from “The Expert Witness as Teacher: How a "Neutral" Tutorial Can Enhance a Jury's Understanding of Your Case,” FDCC Quarterly, Volume 62(2) Winter 2012)   Modern litigation brings with it great commitments of lawyer time and client expense, detailed examination of both law and f ... Read more...

New Rules Under Consideration in U.S. to Lessen Costs and Burdens of Litigation

By Mark A. Behrens & Virginia Knapp Dorell, Posted: 20th November 2013 09:39
Civil litigation in the United States is widely perceived to take too long and cost too much.  Much of this time and expense relates to pretrial discovery.  All too often the discovery process is subject to abuse, marked by “fishing expeditions” by plaintiffs and use of the tools of discovery to harass and pressure defendants into settlements.  The as ... Read more...

Fight Against Corruption – New Criminal Law & Contractual Tools

By Dr. Lauri Railas, Posted: 8th November 2013 14:43
Corruption is undoubtedly one of the biggest problems facing civil societies and business life these days.  Corruption prevents natural competition in a marketplace and thereby makes goods and services more costly.  Corruption has a detrimental effect on the moral, legality and transparency in a society and is an enemy to democratic decision-making.  By undermining predi ... Read more...

Why Use a Boutique Law Firm

By Jacqueline M. Valdespino, Posted: 29th October 2013 08:42
When you are not feeling well, you go to the doctor, your general practitioner. If the doctor says you need a heart bypass, you go to a cardiologist; if you need a hip replacement, you go to an orthopedic surgeon; if you have a kidney stone, you go to a urologist. In medicine, you go to the specialist you need.   The same is true in the law: go to a specialist, t ... Read more...

ASEAN’s Rising Minimum Wage Levels: Vietnam

By Dezan Shira & Associates, Posted: 24th October 2013 08:53
Several ASEAN countries have raised their minimum wage standards recently to adjust their respective salary levels to the rising costs of living and to provide their citizens with higher purchasing power. However, many businesses and investors have complained that the somewhat drastic wage hikes have hurt the market in terms of competitiveness and lowering worldwide interest in establishing a busi ... Read more...

Money Laundering and the M&A Sector

By Richard Parlour, Financial Markets Law International www.fmli.co.uk , Posted: 22nd October 2013 09:22
Money laundering deterrence seems to have taken a bit of a back seat in certain quarters recently.  Many organisations have focused on economic survival, and that has meant cutting what are perceived as “costs”, without much thought being given to the benefits which are being axed by the same stroke of the CFO’s pen.  At the same time, the corporate ... Read more...

Anti-Corruption Due Diligence In Corporate Transactions

By Greg Wolski & Virginia Adams, Posted: 11th October 2013 09:37
Anti-corruption and anti-bribery issues continue to present significant risks in acquisition and investment transactions, as regulators around the globe continue robust enforcement in this area.  Both the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission continue to demonstrate their shared commitment to fighting corruption in the context of transactions.&am ... Read more...

Exclusive Q&A On Immigration Law with Rahul Batra – Hudson McKenzie

8th October 2013 08:48
Have there been any recent legislative changes or interesting developments?   New changes to the Immigration Rules come into effect on Tuesday 1 October 2013, designed to bring “greater flexibility” for businesses, workers and visitors.   Key changes include the following: ... Read more...

India Releases Draft Rules for New Companies Act

By Dezan Shira & Associates, Posted: 23rd September 2013 08:48
The Indian government has released new draft rules for the 2013 Companies Act, which will replace the original Companies Act of 1956. The new draft rules cover the first half of the Companies Act and will be open for public comment until October. The second half of the Companies Act draft rules will be released next week for stakeholder input.   The Companies Act ... Read more...

Franchise Law Q&A with Harold Kestenbaum – Gordon & Rees LLP

13th September 2013 09:17
How do you assess whether a business has franchise potential?   There are many factors that we asses to determine franchiseability.  The first is whether the business is a viable one.  A business that loses money or that cannot make a profit is not going to be a model that anyone would be interested in owning; we loo ... Read more...

Designing a Labor Contract in China

By Dezan Shira & Associates, Posted: 6th September 2013 08:53
Once a conclusion has been reached concerning the issue of what kind of contract a company wishes to enter into for a particular employee role (direct employment, secondment or outsourcing), the next step will be the drafting of the contract. Normally, employment agencies and outsourcing companies will have their own template for the services they provide, but the company will need to design a lab ... Read more...

Singapore to Deepen Bilateral Relationship with China

By Dezan Shira & Associates, Posted: 4th September 2013 08:56
Singaporean Prime Minister Lee Hsien Long embarked on a week-long official visit to China earlier this week upon the invitation of Chinese Premier Li Keqiang.   During the visit, China stated its eagerness to review and continue improving its free trade agreement (FTA) with the Association of Southeast Asian Nations (ASEAN). In turn, Singapore has pledged its sup ... Read more...

Legislative Amendments Provide the Finnish Competition and Consumer Authority with New Powers

By Katri Joenpolvi & Leena Lindberg, Posted: 23rd August 2013 08:54
Some substantial changes have recently been made to Finnish competition law, attracting significant attention. The Finnish parliament approved two major legislative amendments to the Competition Act in the first half of 2013. Firstly, a market share threshold of 30 per cent for finding a dominant position is introduced in the daily consumer goods sector. This amendment will take effect in January ... Read more...

China Strengthens Enforcement of 24-Hour Registration Rule for Foreigners

By Dezan Shira & Associates, Posted: 22nd August 2013 08:37
China’s new Exit and Entry Law, which came into effect on July 1, 2013, requires all foreigners to register with their local public security bureau within 24 hours of arrival in the country, and failure to do so will result in a maximum fine of RMB2,000.   The new Exit and Entry Law has laid down the following provisions regarding the 24 hour registrati ... Read more...

Bid-Rigging in Canada: Recent Developments

By Mark Katz & Charles Tingley , Posted: 21st August 2013 08:42
The CanadianCompetition Act prohibits various types of anti-competitive agreements between competitors.  For example, it is a criminal offence for competitors to fix prices, allocate markets, and/or restrict output.  Civil proceedings can also be brought against competitors who enter into any other type of agreement that has the effect of substantially preven ... Read more...

Mergers in Australia: Significant Trends & Challenges

By Linda Evans, Elizabeth Richmond & Alexia Takis, Posted: 20th August 2013 08:38
There has been a significant downturn in the number of Australian mergers in the past few years.  Investors are cautious and are looking for greater certainty of success before commencing a transaction.  Recent trends in the regulatory environment in Australia have added to the uncertainty for investors and present challenges for merger parties.   & ... Read more...

Import and Export Licensing Procedures in India

By Dezan Shira & Associates, Posted: 19th August 2013 10:17
India’s import and export system is governed by the Foreign Trade (Development & Regulation) Act of 1992 and India’s Export Import (EXIM) Policy. Imports and exports of all goods are free, except for the items regulated by the EXIM policy or any other law currently in force. Registration with regional licensing authority is a prerequisite for the import and export of go ... Read more...

Regulatory & Enforcement Outlook For Financial Institutions

By Joe E. Edwards, Thomas B. Snyder & Daniel R. Burstein , Posted: 15th August 2013 08:55
In the wake of the 2008 financial crisis, financial institutions have seen their business practices and compliance programs subjected to more exacting scrutiny from regulators and sharper criticism from politicians, commentators, and consumers.  In recent months, there has been a spate of headlines regarding high-profile enforcement actions and record-setting penalties levied against some ... Read more...

China’s E-Commerce Legislative and Regulatory Framework

By Shirley Zhang, Yao Lu and Eunice Ku, Posted: 12th August 2013 08:12
In 2012, the number of China’s internet users rose by 10 percent to 564 million, and its e-commerce market increased by 66.5 percent to RMB1.3 trillion (US$190 billion) worth of transactions. These transactions accounted for 6.1 percent of total retail sales of consumer goods that year, compared to 5 percent in the United States. Further, 242 million internet users in China purchased goo ... Read more...

Dispute Resolution in Indonesia

By Mohamed Idwan (‘Kiki’) Ganie, Posted: 9th August 2013 09:35
In the post-1998 era, corruption has been reduced in the Indonesian court system; so the parties can now rely on disputes being determined on the respective merits.  Consequently, any consideration in the past to declare Indonesia a “non-convenient” forum based on such concerns, would therefore no longer apply.   Court P ... Read more...

Small, Micro Enterprises to Enjoy VAT and BT Exemptions

By Dezan Shira & Associates, Posted: 8th August 2013 10:44
At last week’s State Council meeting held by Chinese Prime Minister Li Keqiang, it was decided that all eligible small and micro-sized enterprises in the country will be temporarily exempted from value added tax (VAT) and business tax (BT) starting August 1, 2013. The policy is only temporary for now, but the State Council has announced that a similar long-term policy is currently being ... Read more...

Hong Kong Now Allowed to Sign Standalone Tax Information Exchange Agreements

By Dezan Shira & Associates, Posted: 6th August 2013 10:06
The Legislative Council of Hong Kong recently passed the Inland Revenue (Amendment) Bill 2013 (hereinafter referred to as the “Bill”) on July 10, which will enable Hong Kong to directly enter into tax information exchange agreements (TIEAs) with other jurisdictions. The Bill also enhances and makes more efficient the exchange of information related to all of Hong Kong&rsquo ... Read more...

Individual & Company Risks for Bribery: Navigating the Minefield

By John P. Rupp, Posted: 5th August 2013 08:54
The vast majority of the bribery investigations that we have handled over the past 20 years have begun with a call from a company representative.  After having described the source and nature of the bribery concerns that have arisen, the tasks we have been asked to undertake have tended to focus upon a series of company interests – among them, determining whether bribes have bee ... Read more...

The Duties and Liabilities of Key Personnel in a Foreign Company in China

By Dezan Shira & Associates, Posted: 2nd August 2013 10:38
 Keeping out of trouble and understanding criminal liabilities in China’s business environment   In the light of recent scandals and arrests of foreign businessmen in China, we look at the roles, responsibilities and criminal liabilities of key personnel running fully operational companies in China. Foreign executives takin ... Read more...

Recent Corruption Cases in Singapore

By Hamidul Haq, Posted: 1st August 2013 10:05
Overview of Singapore’s Enforcement Regime   Singapore has long enjoyed a reputation of being one of the least corrupt countries in the world.  Our international rankings in this regard are high.  In 2012, Singapore was ranked the 5th out of 176 countries in the Corruption Perception ... Read more...

Closing Shop in Vietnam: The Why and the How

By Nguyen Huyen My & Le Thi Nhung, Posted: 31st July 2013 10:47
The global and local economic downturn has negatively impacted the health of the international business community, resulting in a number of bankrupted or liquidated companies or representative offices (ROs) throughout Vietnam. However, the closure of a RO may also arise from an entirely non-financial and positive set of reasons– for example, a foreign company may choose to close down its ... Read more...

Ukrainian Anti-Corruption Legal Framework: Specifics & New Legislation

By Svitlana Kheda, Posted: 30th July 2013 10:50
Starting from 1 July 2011, the main legislative act dealing with combating corruption in Ukraine is the Law of Ukraine No.  3206-VI "On the Principles of Preventing and Combating Corruption" dated 7 April 2011 (the "Anti-Corruption Law").  The Anti-Corruption Law defines corruption and a corruption offence, introduces several important restrict ... Read more...

Comparison: Minimum Wages in China and India

By Chris Devonshire-Ellis, Posted: 29th July 2013 10:50
Comparing labor costs is always a difficult art, not least because different countries have different ways and mechanisms of measuring these. India, for example, imposes different minimum wage levels dependent upon specific work sectors, whereas China levies a minimum wage across the board irrespective of employment type. However, as the population demographics are now shifting to a younger workfo ... Read more...

Managing New Risks: Time to Revise Arbitration Clauses

By Maarten Roos & Kathleen Cao, Posted: 26th July 2013 11:09
For many foreign companies and their Chinese subsidiaries dealing with Chinese counterparts, arbitration is the preferred choice to resolve disputes.  Perhaps the single most important reason for the popularity of arbitration in China is that it avoids the risk of having to litigate in the home court of the Chinese party (local protectionism).   Arbitrat ... Read more...

World War Z: Why Life Sciences Companies May be in the Path of the “New” Securities Enforcement & Litigation Onslaught, & How to Avoid Trouble

By Thad A. Davis and Michael Li-Ming Wong , Posted: 17th July 2013 09:00
2013 is witnessing the continued rise of the life sciences sector. Life sciences companies are accessing the capital markets at a brisk clip, with over a dozen IPO's in the first few months of the year, and the best IPO month in 13 years just concluded(1).  The highest growth vectors and rates are in this sector.  Life sciences is one area where U.S. companies ap ... Read more...

Compliance Requirements for Companies in India

By CA. Ravikant Modi and CA. Manoj Kumar, Posted: 15th July 2013 08:27
There are a number of ways to start a business in India, ranging from a joint venture to a liaison office. Whatever route you choose, it is important to have an understanding of the subsequent compliance issues, as these may vary depending on the type of legal structure you decide to incorporate. Below we outline the main compliance regulations which companies will encounter when operating in Indi ... Read more...

International Accounting Rules Gain Global Support: Recent Study Cites “Very Encouraging” Progress Towards Adopting IFRS Worldwide

By Scott A. Ehrlich, Posted: 11th July 2013 11:46
There is widespread support for adopting International Financial Reporting Standards globally, according to a recent study published by the IFRS Foundation.   “Of the 66 jurisdictions that responded to the survey, 95% have made public commitments supporting IFRSs as the single set of financial reporting standards suitable for global application,&rdq ... Read more...

The Corporate Veil of Deceit?

By Louise Eady, Posted: 1st July 2013 08:50
The fact that companies have a separate legal identity is long established.  In their own right, companies can own properties, take out borrowings and enter into contracts.  Lawyers are taught about the “corporate veil” from an early stage in our training.  The corporate veil represents a long established principle that a company is independent from i ... Read more...

Recent Corruption Cases in Singapore

By Hamidul Haq, Posted: 19th June 2013 08:48
Overview of Singapore’s Enforcement Regime   Singapore has long enjoyed a reputation of being one of the least corrupt countries in the world.  Our international rankings in this regard are high.  In 2012, Singapore was ranked the 5th out of 176 countries in the Corruption Perception ... Read more...

The New Regulation Of Unlawful Termination In The New Labour Code

By László Kenyeres & Barnabás Buzási, Posted: 30th May 2013 08:40
Before 1 July 2012 a termination judged to be unlawful could have had fatal financial consequences for a smaller company.  Why? Let us imagine that a court decides, in its final decision rendered 3 years after the beginning of the lawsuit, that a termination was unlawful and the company as employer has to pay an amount equal to 50 months' average salary to the winning employee as ... Read more...

Legislative Changes to Bahrain’s Labour Laws

By Hatim Sharif Zu’Bi , Posted: 24th May 2013 09:24
The topic of most interest in Bahrain at present is the introduction of the New Bahrain Labour Law; The Labour Law for the Private Sector Law No.36 of 2012 (New Labour Law) which became effective from 2 September 2012 and repeals and replaces the old Labour Law for the Private Sector (No. 23 of 1976) (as amended).  Implementing regulations are also expected to followwhich will become effe ... Read more...

Employee Handooks: Three Key Objectives for Employers

By Michael A. Shadiack, Esq., Posted: 21st May 2013 08:56
The importance of an employee handbook cannot be over-stated.  It is the most important employment-related document that an employer will possess.  It provides the employer an opportunity to formally welcome new employees, explain its work rules and procedures, set forth its expectations of the workforce, and discuss the benefits offered.  There is no one-size-fits-all e ... Read more...

Current Developments in UK Employment Law

By Martin Warren, Posted: 17th May 2013 09:11
The UK general election of 2010 led to a centre-right coalition.  The Coalition Agreement contained commitments to reform employment law and cut red tape, as well as promises to introduce new family friendly and equality rights for employees.   Fast forward three years and some progress has been made in reforming employment law.  However, there ... Read more...

China to Enhance Consumer Rights Protection

By Yao Lu, Dezan Shira & Associates, Posted: 16th May 2013 08:45
China’s Consumer Protection Law, which was promulgated in 1993 came into effect in 1994, has contributed greatly to the protection of consumer rights in the past two decades. However, since the country’s consumption patterns and structures have undergone significant changes in the years since the law’s original release, some provisions of the current Consumer Protecti ... Read more...

High-Stakes EEOC Class Action Litigation in America -- The EEOC’s Systemic Initiative and High-Priority Enforcement Areas: Strategies for Global Employers

By William C. Martucci & Kristen A. Page, Posted: 15th May 2013 09:20
Introduction   The Equal Employment Opportunity Commission (commonly referred to as the EEOC) is the agency charged with enforcing many of our federal laws prohibiting workplace discrimination in the United States.  In recent years, the EEOC has pursued with vigor its “systemic initiative” – an a ... Read more...

Jiangsu Province Adopts New Labor Contract Rules

By Dezan Shira & Associates, Posted: 14th May 2013 08:51
Jiangsu Provincial People’s Congress released the new “Labor Contract Rules of Jiangsu Province (hereinafter referred to as ‘Rules’)” on January 2013, which are the first labor contract regulations issued by a local government since China’s Labor Contract Law became effective in 2008. The Rules are scheduled to  ... Read more...

Indian Employment Law: Stasis Redux

By Justin Bharucha & Donnie Dominic George, Posted: 13th May 2013 08:57
The unhappy condition of employment law remains a significant concern for the Indian industry. That legislation is archaic and inadequate to the needs of the modern Indian economy has been underscored by events of the last 18 months.   An extreme example of a breakdown in employee relations and the inadequacy of Indian employment law, in this context, was the str ... Read more...

How to Avoid Retaliation Claims - A Potential Landmine for Employers

By Joseph M. Gagliardo, Posted: 8th May 2013 09:31
Retaliation in the employment context is the unlawful “payback” by an employer for something lawful the employee did.  These paybacks can cost an employer big headaches, and big money.  Retaliation charges, usually brought in tandem with other charges of discrimination, are the most common type of employment claim against employers, and comprised 38.1% (37,836 ... Read more...

Minimum Wage Levels Across ASEAN

By Dezan Shira & Associates, Posted: 30th April 2013 09:10
In an effort to combat inflation and prevent any outbreaks of labor unrest, ASEAN countries have increasingly been following China’s strategy of pushing for higher minimum wage levels and enacting new labor laws which greater protect workers’ rights. Many countries also see minimum wage increases as an opportunistic method of raising the productivity of their labor force in pre ... Read more...

China Anti-Monopoly Law & Its Increasing Impacts on International Business

By Ken Dai, Partner, Dacheng Law Offices, Posted: 26th April 2013 10:17
Preface   After almost ten-years’ of legislative efforts, the China’s National People’s Congress finally enacted the new Anti-Monopoly Law of China (the “AML”) as the China’s first comprehensive competition ... Read more...

U.S. State Laws to Ban Employer-Access to Applicant/Employee Social Media & the U.S. Federal Government Response

By Brian M. Clifford, Esq., Posted: 25th April 2013 09:31
A growing trend among U.S. employers is requesting applicants’ usernames and passwords to gain access to and review personal social-media accounts as part of the hiring process.  There are arguments for and against employers doing so.  The public outcry against this practice has caused lawmakers and social-media companies to take steps to address concerns.  ... Read more...

Secondments to Hong Kong - Employers Beware

By Jezamine Fewins, Posted: 16th April 2013 09:32
Cantor Fitzgerald’s appeal against a lower court’s decision which found in favour of four of its ex-employees (Cantor Fitzgerald Europe and Cantor Fitzgerald (Hong Kong) Capital Markets Limited v Jason Boyer & Others (HCA44/2012) 29 February 2012) was to have been heard this month.  However, the parties settled their dispute and the appeal hearing was vacated.& ... Read more...

Boom Economy? The FiFo & Occupational Health

By Vidal Hockless, Posted: 25th February 2013 09:16
According to most reports, Australia is indeed “The Lucky Country”, awash with money, particularly in the iron ore and coal mining hotspots of WA and Queensland; and whilst the prices of many goods and services have increased significantly during the course of the “boom”, it has also produced wealth in distant communities.   ... Read more...

Post-Employment Non-Solicitation Restraints: When Does Solicitation Occur?

By Joe Catanzariti & Abraham Ash, Posted: 21st February 2013 09:11
Post-employment restraint litigation is becoming increasingly common in Australia.  Post-employment non-solicitation restraints are seized upon by employers distraught at seeing former employees solicit the business of their valued clients.    However, if a restrictive covenant prohibits solicitation, does that mean a former employee can simply ... Read more...

Employment Law in Australia

By Richard Ottley , Posted: 15th February 2013 09:59
  Nothing is Ever Straightforward   Australia's employment law landscape comprises a complex and overlapping body of common law as impacted by State and Commonwealth legislation and various industrial awards made by industrial bodies (which awards set certain minimum employment conditions for various indu ... Read more...

Triggering China Permanent Establishment Status for Short-Term Expatriate Employees

By Dezan Shira & Associates, Posted: 6th February 2013 12:58
Care is required when assessing the PE boundaries when engaging in short-term projects in China without possessing a legal establishment in the country   With many foreign companies with no China presence sending expatriate staff on short term contracts to work in the country, special consideration needs to be paid to what constitutes trigger ... Read more...

Blue-Sky (Employment) Thinking - Essential Considerations For Those Working & Commuting Internationally & Their Bosses

By Elaine Aarons & Lisa Lewinsohn, Posted: 24th January 2013 10:14
The Rise of the High Fliers   Senior roles increasingly involve a significant international dimension and require considerable amounts of travel and time abroad.  Technology has smoothed many rough edges associated with such a lifestyle and made working ‘on the move’ achievable and ea ... Read more...

Funding Landscape Prepares For Change

By Lee Fisher, Posted: 21st January 2013 09:00
The message is simple.  Businesses face increased costs of litigation with the introduction of new reforms that will come into effect on all funding arrangements agreed after 1 April 2013.      Commercial claimants have, for a number of years, been able to fund their claims by way of a Conditional Fee Agreement (CFA) backed by after-the ... Read more...

Preparing for New Audit Regulations

By Michael Stace, Posted: 17th January 2013 10:14
Small businesses with a turnover of less than £6.5 million and gross assets of less than £3.26 million are urged to consider new audit regulations as the government continues to push ahead with its plans to further simplify the audit exemption eligibility for small companies.    The Companies and Limited Liability Partnerships (Accoun ... Read more...

2013 Employment Changes

By Joanne Davies, Posted: 11th January 2013 09:58
Numerous government initiatives were announced in 2012 including proposals to assist workplace dispute resolution, to reform the Employment Tribunal system and to reduce the burden of regulation on business.  The aim of all these initiatives is to boost economic recovery and remove any barriers to growth.  The result is some significant employment law changes in the months ahead. ... Read more...

Fraudulent Accounting Practices

By Bee Lean Chew, Posted: 10th January 2013 10:20
Polly Peck, WorldCom, Parmalat, Enron, Olympus, Lehman Brothers and most recently, Autonomy – all are cases of accounting fraud which have shocked the world.    This article looks to explore some of the accounting methods by which companies can manipulate the presentation of their financial results to achieve desired outcomes, sometimes for fra ... Read more...

Funding Litigation with Third Party Funders

By Matthew Amey, Posted: 6th December 2012 10:21
There is a new and burgeoning market of specialist funding companies offering money and expertise to help businesses large and small unlock the value tied up in their legal disputes.  These funders are known as Third Party Funders (TPF) and they will pay for expensive legal costs on behalf of an entity or individual pursuing a commercial claim in the courts or via an arbitral tribunal in ... Read more...

Keeping to core principles: Cameroon's success in satisfying IMF regulation

By Philip Forsang Ndikum, Posted: 23rd November 2012 10:27
Cameroon is a member of Communauté Economique et Monétaire de l'Afrique Centrale (CEMAC), a group of six countries with a common central bank, Banque des États de l'Afrique Centrale (BEAC).  The Commission Bancaire de l'Afrique Centrale (COBAC) is the national and supranational watchdog for finance within CEMAC. &nb ... Read more...

How Do I Hire Staff in India?

By Dezan Shira & Associates, Posted: 19th November 2012 09:31
Whether your business uses foreign or domestic staff/workers when operating in India, there are a number of legal requirements to pay attention to, from visas for high-skilled workers to drawing up contracts for laborers. In this article, we look at: Visas for Foreigners Contracts Vis ... Read more...

Recent Developments In Arbitration & Alternative Dispute Resolution In The Cayman Islands

By Ross McDonough & Kirsten Houghton, Posted: 9th November 2012 10:19
On 2nd July 2012, the Cayman Islands brought into force its newly enacted Arbitration Law 2012 (“the Law”).  The Law repeals in its entirety the former Arbitration Law (2001 Revision) which had long outlived its usefulness, based, as it was, on the outdated provisions of the United Kingdom’s Arbitration Act 1950, and brings into a force ... Read more...

Changes & Developments: UK Employment Law 2012

By Ilana Swimer, Posted: 5th November 2012 09:02
Employment law is constantly evolving.  As an employer you need to ensure that you are up to speed with developments and the consequences for your business.  Ilana Swimer, employment solicitor at Halebury, discusses key employment law developments from 2012, what’s in the pipeline for 2013 and the commercial impact of these changes.   ... Read more...

Protecting Your Intellectual Property in Sri Lanka

2nd October 2012 11:31
Julius and Creasy is one of the oldest civil law firms in Sri Lanka.  Founded in 1879, the firm has established itself on rich tradition and the highest professional principles.  Julius and Creasy’s wealth of expertise and experience in a wide range of specialised fields of Law enables it to offer innovative legal and business solutions to a diverse, sophisticated and h ... Read more...

Pension Obligations within Corporate Transactions

By Andrew Vaughan & Gavin Markham , Posted: 26th September 2012 12:21
Whether buying, selling or restructuring a business, pension schemes are likely to play a significant role within a corporate transaction.  Failure to fully understand the complex pension issues could end up being very costly, result in time delays or even become a potential deal-breaker.  Recent economic experience means that the vast majority of pension schemes are in a deficit ... Read more...

The Time Is Now For Third Party Funders & Defendants To Beat Their Swords Into Plowshares

By Selvyn Seidel & Sandra Sherman, Posted: 5th September 2012 09:34
Background & Summary                 From the very beginning of the Third Party Funding industry, funders and defendants have engaged in hand-to-hand combat.  Funders have insisted that funding ... Read more...

August News in Brief: A Monthly Round-Up

By James Drakeford , Posted: 31st August 2012 09:37
August has picked up the baton to follow the same direction as months gone by with Barclays and the Eurozone continuing to dominate column inches around the world.  Throw in the mega-money court case between Apple and Samsung along with tension in the public sector in Brazil and you have got yourself an intriguing month of news.  Here is a brief round up of all the bi ... Read more...

Dispute Resolution: Recent Trends & Legislative Issues From An Indian Perspective

By Kirit S. Javali, Posted: 30th August 2012 09:43
Introduction   India’s legal system is well established with a hierarchy of courts and specific tribunals (i.e.Customs & Excise, Competition Commission and Telecom etc.) have been created to provide an effective resolution of disputes.&n ... Read more...

Life After Concepcion: Two Courts Reach Different Results

By Lee A. Rosengard , Posted: 23rd August 2012 09:39
What is one to make of the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, – U.S. – , 131 S.Ct. 1740, 179 L.Ed.2d 742 (2011), and what are courts taking from that decision in making subsequent rulings?  Two cases decided after remand by the Supreme Court following Concepcion come out in op ... Read more...

Developments In The United States Pertaining To Corporate Governance

By Haider Ali, Posted: 22nd August 2012 10:50
Corporate governance in the United States has long been a contentious issue ever since the 1970s when strictures became less and less fervent in order to accommodate the desires and wants of corporations..    Since then those left of the political spectrum have called for tighter regulations to help scrutinise the markets in which corporate ... Read more...

Litigation in Egypt in Commercial Matters

By Dr. Tarek Riad, Posted: 17th August 2012 10:22
Egypt has a system of law that is based upon the European continental legal system, except in personal matters which are subject to the Sharia Law.    A principle division under Egyptian Law is between Private and Public Law which is primarily based upon the difference between private relationships and relations in which the State and Publi ... Read more...

Establishment Of Branch Office/Liaison Office In India By Foreign Entities

By Dezan Shira & Associates, Posted: 16th August 2012 08:46
With the objective of achieving greater transparency and procedural clarity, the Reserve Bank of India (“RBI”) issues the Master Circular on the Establishment of Branch/Liaison Offices in India by Foreign Entities every year on July 2 with a sunset clause of one year, laying down the eligibility criteria and procedural guidelines for setting up of branch offices (BO ... Read more...

Posting Security As A Condition Of Obtaining An Interim Or Conservatory Measure

By Daniel Urbas & Robert J.C. Deane, Posted: 14th August 2012 09:05
In many arbitral disputes, the claimant may consider that unless the respondent is restrained from continuing its alleged misconduct or from taking a particular step on an interim basis, the final Award will ring hollow.  For example, the assets in question may have been transferred to a third party, the claimant may suffer irreparable harm from the respondent's contin ... Read more...

The Rising Importance Of Commercial & Investment Arbitration In India

By Zia Mody & Shreyas Jayasimha , Posted: 9th August 2012 09:51
Courts in India are valiantly battling a staggering litigation overload with the Supreme Court alone having over 63, 000[1] cases pending as of June, 2012.  While courts in India have to be approached for constitutional and statutory matters, parties are at liberty to opt for arbitration for commercial disputes.  This article deals with an o ... Read more...

Asset Tracing Within Corporate Funds

By Haider Ali, Posted: 8th August 2012 08:27
Tracing assets within corporate funds can quite rightly ruffle feathers.  Often bereft of sentiment, corporate guys with corporate funds interspersed with friends in high places can make it quite thorny for assets within corporate funds to be traced at all.  A lot is dependent on corporations and how they set up funds and for what purpose.   ... Read more...

An Arbitrator’s Failure to Disclose Conflicts: Practical Advice Before Starting & After Completing An Arbitration

By Mark Bravin, Posted: 7th August 2012 09:09
Every well-recognised set of international arbitration rules in use today contains a provision requiring arbitrators to file a certificate of independence.  The purpose of the certificate is to confirm the arbitrator’s impartiality and to elicit information that might provide grounds for challenging the arbitrator’s appointment.  For example, the I ... Read more...

Civil Litigation in Indonesia – Overview & Recent Trends

By Dr. Mohamed Idwan Ganie, Posted: 2nd August 2012 09:37
Civil Litigation Process   Generally, the litigation process in a civil case in Indonesia proceeds as follows: (i) the plaintiff registers a suit with the District Court’s clerk’s office; (ii) the court then informs the defendant along with an order to appear in court on the first hearing day; (iii) o ... Read more...

The Lawyer’s “Duty-to-Know & Duty-to-Tell” in Third Party Funding: A Time to Recognise & Respect these Obligations

By Selvyn Seidel, Posted: 30th July 2012 08:53
Introduction & Overview                 A lively focal point in the Third Party Funding industry has been the obligations of the Funders.   In the UK that interest and re ... Read more...

Contractual Advice – Inserting Dispute Resolution Clauses into Business Agreements

By Peng Shen, Posted: 26th July 2012 08:58
Dispute resolution clauses form an essential element of a business agreement.  In the event of a dispute, the validity, enforceability and meaning of each article of the agreement rests upon the court or arbitration body appointed by the dispute resolution clause.  Careful consideration should therefore be given to the dispute resolution clause when drafting an agreem ... Read more...

International Banks in the Crosshairs: Cross-Border Judgment Enforcement in New York

By Gregory A. Litt, Posted: 20th July 2012 10:05
As the world of international transactions expands, cross-border judgment enforcement has become an increasingly important part of litigation and arbitration strategy, and successful parties often resort to aggressive judgment enforcement techniques in attempts to satisfy judgment debts.   A recent decision by the chief judge of the federal district court in Manhattan ... Read more...

The Introduction of the United Arab Emirates Solvency Law

By Haider Ali, Posted: 18th July 2012 10:49
Despite the vast success many Arab economies had prior to the economic recession that began in 2008, the concept of solvency is relatively new to the region as the law becomes rewritten into constitutions such as states from the United Arab Emirates to Oman.  It is definitely going to have ramifications, both good and bad for the United Arab Emirates, as we bear witness to a n ... Read more...

China Clarifies Pre-Tax Deduction Policies for Advertising and Promotional Expenses

By Dezan Shira & Associates, Posted: 28th June 2012 09:17
China’s Ministry of Finance (MOF) and the State Administration of Taxation (SAT) jointly released the “Circular Regarding Pre-tax Deduction Policies on Advertising and Business Promotion Expenses (caishui [2012] No.28, hereinafter referred to as ‘Circular’)”on May 30, which is retroactively effective from J ... Read more...

China Issues Regulations on Foreign Labor Service Cooperation

By Dezan Shira & Associates, Posted: 22nd June 2012 08:51
In order to regulate foreign labor service cooperation and legitimatize laborers’ rights, China’s State Council approved the “Administrative Regulations on Foreign Labor Service Cooperation ([2012] No. 620, hereinafter referred as the ‘Regulations’)” on May 16. The Regulations will come into effect on August 1, 2012. ... Read more...

Execution: The Aim Of The Game

By Sahil Kanuga, Posted: 11th June 2012 10:08
It is often said that getting an award or a judgment in your favour is only half the battle won, the actual victory is when the hard currency hits your account.  Often it is necessary to bring additional, enforcement proceedings in order to turn your award into cash.  It is common knowledge that enforcing an arbitral award or a court’s judgment in India is n ... Read more...

Top Five Workplace Privacy Questions: Answers to employers’ most frequent privacy inquiries

By Lyndsay A. Wasser, Posted: 17th May 2012 09:48
In Canada, privacy is a relatively new and evolving area of law that is governed by a complex network of provincial and federal legislation as well as the common law.  Set out below are brief, general responses to employers’ 5 most common questions about workplace privacy.   1.  Do Employees have Privacy Rig ... Read more...

Brazil’s New Antitrust Law: A Paradigm Shift In National Competition Policy

By Fabio Weinberg Crocco & Luís Gustavo Haddad, Posted: 16th May 2012 09:55
On 29 May, 2012, after a long-lasting legislative process, Brazil’s New Antitrust Law (Law no.  12,529/11) will finally enter into force, resulting in a paradigm shift in the country’s competition policy.  Such legal reform, on the one hand, has led to intense and interesting debates within the business community, and, on the other hand, will likel ... Read more...

Employee Misclassification: An Expensive Mistake, Is Your Company Getting It Right?

By Jessica Kastin, Esq, Posted: 15th May 2012 09:41
Many companies operating in the United States supplement their workforces with contractors, interns and other non-employee service providers.  Typically “non-employees” are not eligible for employee benefits and are not generally protected by various wage and hour and other statutory employee protections.   Non-employee service providers t ... Read more...

Indian Employment Law: A Case for Reform

By Justin Bharucha & Abhira Gonge, Posted: 9th May 2012 09:46
Indian employment law has been identified as a significant constraint on the growth of the Indian manufacturing sector.  The need for reform is emphasised in the present global and domestic economic climate.   The history of Indian employment law dates back to pre-independence India when employee welfare was deliberately emphasised at the c ... Read more...

Summary Overview on Certain Swiss Employment Law Aspects

By Adrian Kammerer, Michaela Zehnder, Laurence Uttinger & Allegra Sosso, Posted: 4th May 2012 10:02
1. The Law Firm Niederer Kraft & Frey Ltd.   Established in 1936, Niederer Kraft & Frey is a preeminent Swiss law firm with a proven track record of legal excellence and innovation.  As a market leader in Switzerland, we have built long-standing relationships with the world's best interna ... Read more...

Recent Developments in Dutch Labour Law

By Els de Wind, Co-Chair IBA Employment and Indutrial Relations Committee, Posted: 1st May 2012 09:27
There have been some interesting developments in Dutch labour law lately.  Two recent changes in Dutch legislation are certainly worth elaborating on given the impact on daily practice.  The first concerns the increase of the state pension age and the second concerns the new legislation on holidays which entered into force on 1 January 2012.  &a ... Read more...

An In-depth Look at Labour Reform in Spain

By Carlota Riquelme Borrero, Posted: 27th April 2012 09:49
The Royal Decree Law 3/2012, which came into force on 10th February 2012, includes urgent measures related to the labour market reform.  The new regulation contains very important innovations in the labour legal framework in Spain, in areas such as hiring, modification of work conditions, collective negotiation and contract termination. ... Read more...

China’s Qualification Requirements for Legal Representatives and other Key Positions

By Eunice Ku, Posted: 26th April 2012 10:08
Through the Company Law and other related regulations, China maintains various legal mechanisms clarifying the types of individuals that can qualify to hold the most senior positions of a foreign invested enterprise (FIE). Below, we list these qualification requirements for the legal representative as well as those stipulated for the other key positions ... Read more...

Mongolia: Entities with Middle-Aged Personnel to be Free from Social Insurance Tax

By Dezan Shira & Associates, Posted: 24th April 2012 09:23
New amendments to the country’s social insurance law may interest entities who employ middle aged individuals, as a draft law suggests releasing them from paying such employees’ social insurance payments. According to the law, all entities are currently pay ... Read more...

NLRB Posting Postponed: U.S. District Courts Hold Contradictory Views On Whether The NRLB May Require Posting of Employee Rights

By Brian M. Clifford, Posted: 23rd April 2012 08:56
The Courts’ Decision The United States Court of Appeals for the District of Columbia has granted an emergency motion for injunction blocking the National Labor Relations Board (“NLRB” or the “Board”) from forcing millions of U.S. employers to post notice of ... Read more...

U.S. Supreme Court Considers Constitutional Challenges to Health Reform

By James P. McElligott, Jr, Posted: 19th April 2012 10:29
“Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.” --Alexis de Tocqueville, Democracy in America (1835). ... Read more...

Liabilities of the Legal Representative

By Eunice Ku, Posted: 13th April 2012 10:14
Every business established in China, foreign or domestic, is required to designate a legal representative, i.e. the responsible person who performs the duties and power on behalf of a company. The legal representative is, by definition of his or her role, one of the most powerful people in a foreign-invested enterprise. Yet this power ... Read more...

India Issues First Ever Compulsory Licence:

By Rajeshwari Hariharan, Posted: 11th April 2012 10:08
In what can be seen as a precedent, the Controller General of India issued the first ever compulsory licence to Natco Pharma ltd on March 9, 2012 in India thereby permitting Natco to sell Nexavar at a fraction of the price of the patented product.  The order opens doors to a new era in the pharmaceutical field and public health. & ... Read more...

Risks and Liabilities for Legal Representatives in China

By Lukas Steinberg & Maarten Roos, Posted: 6th April 2012 10:08
The legal representative is the person with the broadest individual authority in a company in China.  Unlike in other countries, PRC law requires that only one person – either the chairman of the board of directors, the executive director or the general manager – is appointed by the investor(s) to represent the company on its ... Read more...

Social Media in the workplace – watch your step!

By Richard Linskell, Posted: 5th April 2012 11:54
Social networking sites such as Facebook, Twitter and LinkedIn have revolutionised the way people all over the world connect with their friends as well as their professional contacts.  They are also beginning to change the ways businesses access and interact with their customers. Social media presents great opportunities for people and businesses bu ... Read more...

India Decreases Interest Rate for Employees’ Provident Fund

By Dezan Shira & Associates, Posted: 21st March 2012 09:49
Before the Union Budget 2012-13, the Finance Minister of India made the decision to decrease the rate of interest on deposits in the Employees’ Provident Fund to 8.25 percent for 2011-12. This move represents the largest rate cut in over a decade and would be 1.25 pe ... Read more...

Mandatory Social Welfare Benefits for Chinese Employees

By Adam Livermore, Posted: 7th March 2012 09:50
An overview of social welfare obligations and costs for employers of Chinese staff This week, China Briefing is running a special human resources theme concerning the employment of staff in China. We will be featuring topics such as regional industry clusters, minimum wage levels compared on a national basis, employee termination proc ... Read more...

Global Investment Fund Industry Hit by A Regulatory Tsunami

By Marc Saluzzi & Susanne Weismüller, Posted: 5th March 2012 09:57
Since the outset of the financial crisis, the financial services industry has been faced with a host of regulatory initiatives, which it has to analyse, comment on as part of consultation procedures and finally put into practice.  The cumulative impact of various regulatory initiatives on the global investment fund industry is uncertain and should be analysed, in order ... Read more...

China Now Has Third Highest Labor Costs in Emerging Asia

By Dezan Shira & Associates, Posted: 6th February 2012 10:01
An average worker in China costs more than the average worker in any other emerging Asian economy, save Malaysia and Thailand, when considered in terms of combined salary and welfare payments, China Briefing has found. Conducting a review of minimum labor costs, determined by ... Read more...

Important Changes in the Ukrainian Anti-Corruption Legislation

By Vladimir Sayenko & Svitlana Kheda, Posted: 25th January 2012 10:21
On 1 July 2011 the new Law of Ukraine No. 3206-VI “On the Principles of Preventing and Combating Corruption” (the “New Law”) and the Law of Ukraine No. 3207-VI “On Amending Certain Legislative Acts Related to Liability for Corruption Offences (the “New Liability Law”) became effective (except for certain provisions of t ... Read more...

Civil Procedure in Indonesia

Dr. M. Idwan Ganie, Posted: 19th January 2012 11:02
Generally, the litigation process in a civil case in Indonesia proceeds as follows: (i) the plaintiff registers a suit with the District Court’s clerk’s office; (ii) the court then informs the defendant along with an order to appear in court on the first hearing day; (iii) on the first hearing day the judge orders the parti ... Read more...

National and International Developments in health and safety

By Gerard Forlin QC, Cornerstone Barristers (previously 2-3 Gray's Inn Square), Posted: 13th January 2012 10:58
This article focuses on three areas: significant recent statutory changes; case law of potentially wider relevance; and international developments. Recently in the UK we have seen the first successful prosecution of a company under the Corporate Manslaughter and Culpable Homicide Act 2007.  This case concerned the death of a young unsupervised employee aged 27 ... Read more...

Dispute Resolution in England and Wales: Arbitration and Mediation

By Nigel Rowley, Posted: 11th January 2012 09:34
Although court proceedings are often commenced in order to resolve disputes between parties, disputes are in fact more often than not resolved by the parties in one form or another without a court judge having to give judgment. This can be through settlement negotiations by the parties, or by the use of formal alternative dispute resolution (“ADR”) ... Read more...

China to Further Regulate Labor Dispute Mediation

By Dezan Shira & Associates, Posted: 6th January 2012 10:40
China is tightening its regulations on labor dispute mediation so that employees can find ways to better protect their labor rights, and so that employers treat labor disputes more seriously. In a recent document, China’s Ministry of Human Resources and Social Security (MHRSS) has required large and medium-sized enterprises to establish labor dispute committees to ensure an effe ... Read more...

The Problem of the Arbitrability of the Rescission of a Public Works Contract in Mexican Law.

By Marco Tulio Venegas, Posted: 23rd December 2011 10:44
After the execution of NAFTA the government Mexico began to accept arbitration as an alternative method for resolving contractual disputes arising between national and foreign companies with wholly owned governmental entities such as PEMEX or CFE(1).  In this regard, although there was no specific legal provision in the Law of Public Works which regulates this type of public cont ... Read more...

Tax Rates in Hong Kong

By Dezan Shira & Associates, Posted: 19th December 2011 10:59
As the Global Financial Crisis rumbles on, with certain reduced growth rates on the horizon for Europe and the United States, multinationals are looking elsewhere to achieve their business goals. Asia, a region riddled with wars and ineffective economic policies for much of the past century, has finally stepped into the front line of global trade and com ... Read more...

Belgian Competition Law: More Sanctions against Companies and Individuals?

By Geoffroy van de Walle de Ghelcke, Posted: 11th November 2011 11:05
On 10 October 2011, the Belgian Competition Authority initiated a consultation on new fining guidelines which aim to clarify the authority's methodology in setting the fine for antitrust violations and to bring it on par with leading competition agencies.  In parallel, far-going reflections are currently taking place on the introduction of administrative, if not criminal, sa ... Read more...

Changes to the Takeover Code and how they are likely to affect UK deals

By William Charnley & Connor Cahalane , Posted: 7th November 2011 09:17
New edition of the Takeover Code A revised edition of the UK Takeover Code came into effect on 19 September 2011 bringing into force proposals made by the Takeover Panel following its review of UK takeover rules in the wake of Kraft Food Inc's hostile takeover of Cadbury plc in 2010.  This article highlights the main changes t ... Read more...

Japan to join the Hague Child Abduction Convention

By Ayako Ikeda, Posted: 28th October 2011 10:09
Family law is an important legal practice as it concerns persons, their family and domestic relations as well as property rights within those relations.  Our legal services extend to this practice area, including in matters of divorce, division of assets, wills and succession, as well as corporate matters such as family business and joint property ownership by family members. ... Read more...

Restrictions on M&A Transactions under German Foreign Investment Law - A Brief Guide

By Nico Abel, Posted: 26th October 2011 10:32
For many decades, Germany has consistently experienced significant inbound investment and it is widely recognised that foreign investment has been a considerable contributor to growth and prosperity in Germany.  Investment from the US has always been strong and continues to account for a large share of foreign investment.  More recently, cash rich strategic investors fro ... Read more...

Competition Law: Taking on Cartels - and Winning

By Anthony Maton, Posted: 24th October 2011 10:02
Cartels are a serious business.  Across the world, an enormous range of businesses and individuals are affected when one or more companies group together to fix the price of products or services, allocate markets or otherwise seek to control their commercial relationships illegitimately.  Cartels have a highly detrimental effect on markets, affecting all downstream under ... Read more...

Use of Alternative Dispute Resolution Mechanisms in the United States

By Deborah E. Greenspan of Dickstein Shapiro LLP, Posted: 19th October 2011 10:10
An Effective Tool to Control Risk and Address Rising Litigation Costs.  In the United States, litigants and courts seek to employ forms of alternative dispute resolution- defined for purposes of this article as any mechanism that is used to resolve the dispute outside of the courtroom.  In general, in the United States, on ... Read more...

International Franchising in Australia

By Robert Toth, Posted: 13th October 2011 10:11
Franchising is an established and sophisticated industry in Australia and foreign Franchisors are now more than ever looking to Australia and New Zealand as potential markets to expand their brand.   English speaking with a stable government and economy, Australia is seen by many international brands as the ideal place to expand. ... Read more...

Dispute Resolution in Hong Kong

By Keith Brandt, Posted: 10th October 2011 09:43
Post 1997 Hong Kong has continued to flourish as a centre of international business and dispute resolution.  The legal certainty derived from its often vaunted adherence to the rule of law and its continuing separation from the PRC under the "one country two systems," combined with Hong Kong’s proximity to Mainland investment opportunities, has ensured that Ho ... Read more...

Franchising in Sweden

By Dan-Michael Sagell, Posted: 28th September 2011 09:58
Franchise Disclosure Requirements In 2006 the Swedish parliament passed a law regulating the information a franchisor and a master franchisee must disclose within reasonable time before a potential franchisee or a sub franchisee signs the franchise agreement.  The formal name of the law is Lag (2006:484) om franchisegivarens inform ... Read more...

FICE Franchising in China: A Flourishing Business Model

By Nicholas Hughes, Posted: 27th September 2011 10:14
Among the permitted business activities a FICE can conduct (besides retailing, wholesaling and commission agency activities) is franchising. The nature and use of franchising - and the business circumstances that affect it - have changed dramatically over the past three decades. Franchising first emerged in China in the late 1980s. To ... Read more...

Reforms to the Commercial Code: special proceeding in arbitration matters

By Marco Tulio Venegas, Posted: 23rd September 2011 12:33
On January 27, 2011 a bill reforming various provisions of the Commercial Code (Código de Comercio) related to the judicial intervention of Mexican Courts in arbitration was published in the Official Federal Gazette. ... Read more...

Challenging UK Public Procurement Decisions – The Ineffectiveness Remedy

By Jeremy Sharman and Russell Williamson, Posted: 9th September 2011 09:47
Even in times of budget cuts and reduced public spending, the value of public sector contracts in the UK is considerable. For 2009-10, it is estimated that £165,000 million was spent on procurement with the figure for 2010-11 set to reach £168,000 million.  Notable ongoing projects include London’s Crossrail link and the 2012 Olympics. < ... Read more...

Dispute Resolution in Indonesia

Dr. M. Idwan Ganie, Posted: 6th September 2011 09:42
Foreign plaintiffs often have a perception that they lose cases in Indonesia due to inappropriate conduct by the courts, while, in fact, the reasons are usually more closely linked to a lack of understanding of the Indonesian legal system and insufficient documentary preparation.  Over the last 4-5 years corruption has been almost entirely eradicated from the Indonesian court sys ... Read more...

Dispute Resolution in England & Wales

By Nigel Rowley, Posted: 15th August 2011 09:45
Basic Principles The United Kingdom consists of 4 different countries, namely England, Wales, Scotland and Northern Ireland.  The United Kingdom does not have a single unified legal system but rather consists of 3 different legal systems: England and Wales have one legal system, Scotland has one legal system and Northern Ireland ha ... Read more...

The State of Franchising in the United States of America

By Harold L. Kestenbaum, Posted: 9th August 2011 11:07
Franchising in the US is despite the past recession as strong as ever and maybe even stronger. Now that the credit markets have loosened up, somewhat, more franchisors are able to sell more franchises because more franchisee prospects are now able to obtain financing.  This was not the case in 2008 or 2009, when the credit markets all but disappeared. ... Read more...

Franchising in Germany

By Patrick Giesler, Posted: 1st August 2011 12:49
German Franchise Disclosure Requirements Pre-Contract Disclosure requirements under German law have, in the absence of any franchise specific legislation, been developed and defined by German courts since 1980.  Franchisors must provide complete and accurate information on their system and the und ... Read more...

Dispute Resolution in France

By Tim Portwood, Posted: 25th July 2011 11:45
France has a system of civil law in which its substantive and procedural laws are codified.  The procedural rules within this system are based on the inquisitorial rather than the adversarial model of procedure. The main civil court in France is the High Court or Tribunal de Grande Instance.  This Court has jurisdiction over non-commercial matters.&am ... Read more...

Islamic Insurance: Takaful concept and outlook

By Ahmed Ali Alvi & Samer Hijazi, Posted: 20th July 2011 10:09
The need for Islamic Insurance: The growth of conventional life and non-life insurance remains underdeveloped in the Muslim world. This is because conventional insurance incorporates several elements that are outlawed by the Shariah. For instance, it has an element of gharar, or uncertainty, embedded in th ... Read more...

International Arbitration in Mauritius

By Mr Dev R.Erriah (LLB, LLM, TEP, Barrister-at Law (Gray’s Inn)), Posted: 19th July 2011 15:17
It may be briefly recalled that the origins of arbitration go back to dispute settlement usages in ancient times, so does the arbitration history of Mauritius which starts with its “Code Civil” and the “Code de Procedure Civil& ... Read more...

Rapidly Emerging Sector & Legal and Regulatory Developments in India

By Yogesh Bhattarai, Posted: 18th July 2011 14:20
Despite the current economic scenario, the foreign interest continues undeterred in the Indian education sector.  It is estimated that the Indian education sector itself will require further investment of approximately USD 100 billion by 2014 (1) to meet the demands of the economy. In the first quarter of 2011, the I ... Read more...

Gaming Law in Italy

By Stefano Sbordoni, Posted: 12th July 2011 11:24
In the last few years the gambling industry has developed considerably and despite the world economic crisis it’s still growing rapidly in Italy and in other countries as well. As to the Italian specific situation, the industry’s turnover accounts to more than sixty billion Euros thanks to the State policy aimed at enhancing gambling though keeping ... Read more...

An Introduction To U.S. Health Care Reform

By Cynthia Borrelli, Posted: 8th July 2011 18:27
On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act (the “PPACA” or “Health Care Reform.”)  The centerpieces of Health Care Reform are “individual responsibility” provisions generally requiring individuals to maintain health coverage or pay ... Read more...

New Rescue Legislation in Greece

By Stathis Potamitis, Posted: 7th June 2011 21:15
As Greece is struggling to rescue its public finances, the Greek Parliament is scheduled to discuss over the next few weeks a major amendment to its insolvency legislation, more specifically an overhaul of the so-called Conciliation proceeding.  If the amendment is adopted as drafted, Greek commercial entities will be able to negotiate with their creditors rescue plans that may i ... Read more...

Insolvency Law Developments In The Caribbean

By Edmund Rahming, Posted: 6th June 2011 22:52
Introduction The Caribbean is a region comprising over 7,000 islands and cays and consisting of a land area of almost 93,000 square miles.  The region is made up of 30 jurisdictions including sovereign states, overseas territories and dependencies.  Many of the jurisdictions are former or ... Read more...

New developments in Australian corporate law

By David P.Selig & Rahil Patel, Posted: 24th May 2011 20:25
1) Corporate Governance Update:  Changes to the Regulation of Director’s Remuneration On 12 May, 2011, the Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Bill 2011 (Bill) was passed by Australia’s House of Representatives.& ... Read more...

Dispute Resolution in Russia: New Trends

By Andrey Zelenin, Posted: 19th May 2011 18:55
Russia is a state where going to a state court is the most popular method of resolving a dispute. Thus during the financial crisis and esp. in 2009 we have experienced a sharp increase of the workload on the national judicial system.  According to the recent statics shown by the Higher Arbitrazh Court – the top tier court in Russia for resolving commercial disputes & ... Read more...

Arbitration in Panama

By Tomás H. Herrera D., Posted: 15th May 2011 12:18
The tradition: Panama has a long tradition in arbitration beginning in 1917 when the Panamanian Procedure Code was enacted and contained provisions regulating arbitration procedures.  Later in 1984 the ... Read more...

Social Policy Provisions of the Dodd-Frank Act Create Compliance Difficulties for Public Companies

By Robert L. Kohl, Posted: 12th May 2011 18:42
Two sections of the recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), which attempt to implement social policy goals by means of public company disclosure, will impose particularly costly compliance burdens on these companies.    & ... Read more...

New Liabilities for Directors and Senior Managers in China

By Maarten Roos and Chen Yun, Posted: 10th May 2011 18:54
Under the PRC Company Law (2006), directors and senior managers of a foreign-invested, Chinese-registered company have the duty to comply with laws, regulations and the company’s articles of association, and owe the company loyalty and diligence. Moreover, they may be liable for compensation to the company if they cause it harm. In principle however, they will not bear civil lia ... Read more...