Top Stories - Legal & regulatory

By Martin Warren
17th May 2013 09:11The 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

By Yao Lu, Dezan Shira & Associates
16th May 2013 08:45China’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

By William C. Martucci & Kristen A. Page
15th May 2013 09:20Introduction   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

By Dezan Shira & Associates
14th May 2013 08:51Jiangsu 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

By Justin Bharucha & Donnie Dominic George
13th May 2013 08:57The 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

By Joseph M. Gagliardo
8th May 2013 09:31Retaliation 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

By Dezan Shira & Associates
30th April 2013 09:10In 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

By Ken Dai, Partner, Dacheng Law Offices
26th April 2013 10:17Preface   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

By Brian M. Clifford, Esq.
25th April 2013 09:31A 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

By Jezamine Fewins
16th April 2013 09:32Cantor 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

By Vidal Hockless
25th February 2013 09:16According 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

By Joe Catanzariti & Abraham Ash
21st February 2013 09:11Post-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

By Richard Ottley
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

By Dezan Shira & Associates
6th February 2013 12:58Care 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

By Elaine Aarons & Lisa Lewinsohn
24th January 2013 10:14The 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

By Lee Fisher
21st January 2013 09:00The 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

By Michael Stace
17th January 2013 10:14Small 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

By Joanne Davies
11th January 2013 09:58Numerous 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

By Bee Lean Chew
10th January 2013 10:20Polly 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

By Matthew Amey
6th December 2012 10:21There 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

By Philip Forsang Ndikum
23rd November 2012 10:27Cameroon 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

By Dezan Shira & Associates
19th November 2012 09:31Whether 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

By Ross McDonough & Kirsten Houghton
9th November 2012 10:19On 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

By Ilana Swimer
5th November 2012 09:02Employment 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

2nd October 2012 11:31Julius 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

By Andrew Vaughan & Gavin Markham
26th September 2012 12:21Whether 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

By Selvyn Seidel & Sandra Sherman
5th September 2012 09:34Background & 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

By James Drakeford
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

By Kirit S. Javali
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

By Lee A. Rosengard
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

By Haider Ali
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

By Dr. Tarek Riad
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

By Dezan Shira & Associates
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

By Daniel Urbas & Robert J.C. Deane
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

By Zia Mody & Shreyas Jayasimha
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

By Haider Ali
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

By Mark Bravin
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

By Dr. Mohamed Idwan Ganie
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

By Selvyn Seidel
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

By Peng Shen
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

By Gregory A. Litt
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

By Haider Ali
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

By Dezan Shira & Associates
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

By Dezan Shira & Associates
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

By Sahil Kanuga
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

By Lyndsay A. Wasser
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

By Fabio Weinberg Crocco & Luís Gustavo Haddad
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

By Jessica Kastin, Esq
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

By Justin Bharucha & Abhira Gonge
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

By Adrian Kammerer, Michaela Zehnder, Laurence Uttinger & Allegra Sosso
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

By Els de Wind, Co-Chair IBA Employment and Indutrial Relations Committee
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

By Carlota Riquelme Borrero
27th April 2012 09:49The 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

By Eunice Ku
26th April 2012 10:08Through 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

By Dezan Shira & Associates
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

By Brian M. Clifford
23rd April 2012 08:56The 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

By James P. McElligott, Jr
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

By Eunice Ku
13th April 2012 10:14Every 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

By Rajeshwari Hariharan
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

By Lukas Steinberg & Maarten Roos
6th April 2012 10:08The 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

By Richard Linskell
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

By Dezan Shira & Associates
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

By Adam Livermore
7th March 2012 09:50An 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

By Marc Saluzzi & Susanne Weismüller
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

By Dezan Shira & Associates
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

By Vladimir Sayenko & Svitlana Kheda
25th January 2012 10:21On 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

Dr. M. Idwan Ganie
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

By Gerard Forlin QC, Cornerstone Barristers (previously 2-3 Gray's Inn Square)
13th January 2012 10:58This 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

By Nigel Rowley
11th January 2012 09:34Although 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

By Dezan Shira & Associates
6th January 2012 10:40China 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

By Marco Tulio Venegas
23rd December 2011 10:44After 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

By Dezan Shira & Associates
19th December 2011 10:59As 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

By Geoffroy van de Walle de Ghelcke
11th November 2011 11:05On 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

By William Charnley & Connor Cahalane
7th November 2011 09:17New 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

By Ayako Ikeda
28th October 2011 10:09Family 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

By Nico Abel
26th October 2011 10:32For 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

By Anthony Maton
24th October 2011 10:02Cartels 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

By Deborah E. Greenspan of Dickstein Shapiro LLP
19th October 2011 10:10An 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

By Robert Toth
13th October 2011 10:11Franchising 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

By Keith Brandt
10th October 2011 09:43Post 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

By Dan-Michael Sagell
28th September 2011 09:58Franchise 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

By Nicholas Hughes
27th September 2011 10:14Among 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

By Marco Tulio Venegas
23rd September 2011 12:33On 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

By Jeremy Sharman and Russell Williamson
9th September 2011 09:47Even 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

Dr. M. Idwan Ganie
6th September 2011 09:42Foreign 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

By Nigel Rowley
15th August 2011 09:45Basic 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

By Harold L. Kestenbaum
9th August 2011 11:07Franchising 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

By Patrick Giesler
1st August 2011 12:49German 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

By Tim Portwood
25th July 2011 11:45France 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

By Ahmed Ali Alvi & Samer Hijazi
20th July 2011 10:09The 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

By Mr Dev R.Erriah (LLB, LLM, TEP, Barrister-at Law (Gray’s Inn))
19th July 2011 15:17It 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

By Yogesh Bhattarai
18th July 2011 14:20Despite 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

By Stefano Sbordoni
12th July 2011 11:24In 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

By Cynthia Borrelli
8th July 2011 18:27On 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

By Stathis Potamitis
7th June 2011 21:15As 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

By Edmund Rahming
6th June 2011 22:52Introduction 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

By David P.Selig & Rahil Patel
24th May 2011 20:251) 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

By Andrey Zelenin
19th May 2011 18:55Russia 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

By Tomás H. Herrera D.
15th May 2011 12:18The 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

By Robert L. Kohl
12th May 2011 18:42Two 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

By Maarten Roos and Chen Yun
10th May 2011 18:54Under 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