Democratic Republic of the Congo v
FG Hemisphere Associates LLC (FACV Nos, 5, 6 & 7 of 2010)
The Hong Kong Court of Final Appeal
(the CFA) recently issued its judgment in Democratic Republic of the Congo v
by Arne Ots and Sander Kärson
The concept of the first demand
guarantee has been well accepted and recognized in Estonia. This contract
security has been a widely used and irreplaceable tool to secure the immediate
The ECJ Judgement in Pfleiderer : A
Tension more Imaginary than real
By Dr. Frank L. Fine
Summary: On June 14, 2011, the European Court of
Justice handed down a ruling which will have negative repercussions for cartel
enforcement for Germany...
For a cartel member to receive immunity or reduced exposure to punishment for reporting a cartel to competition authorities is available in many jurisdictions. In a multi-jurisdictional context, it is important that conduct that a whistleblower reveals...
This commentary, discussing the Ninth Circuit’s decision in Sarei v. Rio Tinto , 550 F.3d 822 (9th Cir. 2008), and its implications, was prepared by Jonathan Drimmer, a partner at Steptoe & Johnson who practices in international and commercial...
During the 1980s, the Mexican government decided to open its real estate and personal property market to foreign investors, after many other countries had done so during the 1970s. The objective was to increase the flow of productive investments...
Russian lawmakers have made Russian corporate governance more transparent and investor-friendly, and Ms. Rusinova reviews the impressive progress made so far. She concludes, however, that the Russian corporate community still faces the need for dramatic...
Russia has made progress in reforming its laws on investments, and its Mergers & Acquisitions market grew to USD 5-billion in 2007. Legal regulation of M&A needs to be further adapted to economic reality. Current regulation concerning the competence...
Italy has become
one of the first European jurisdictions to allow class actions for damages. In
their guide to Understanding Italy's New Class Actions Regime , Casey
Halladay and Marco Amorese provide a critical analysis of the requirements...
by Emma Davies, Ninette Dodoo and Jiajia Gao
In just one year, China's new
Anti-Monopoly Law (AML) has been scrutinised, analysed and criticised. In
parallel, the fortunes of China's companies in international transactions have
trends on risk management help foreshadow what may come to be expected of
compliance functions in an increasing number of jurisdictions, particularly in
respect of positioning, resources, and authority. Gabe Shawn Varges, Head of
In consolidated class actions filed against companies doing business in Apartheid South Africa, the district court, exemplifying one trend of cases, rejected the Alien Tort Claims Act (ATCA) claims, ruling that aiding and abetting was not cognizable under...
headline "More responsible businesses can foster more
growth in Europe", the European
Commission (the "Commission") unveiled proposals for directives
to amend several legislative measures on 25
By Renato Conti
Accessing low-cost electric energy is a pre-condition for most fundamental human rights recognized by the 1948 Universal Declaration of Human Rights (the "Declaration") and the Italian Constitution. Both providing...
By: Gregory D. Miller and Joseph D. Jean
Excerpt: 2011 Emerging Issues 5918
Effect of Post-Loss
Economic Factors in Measuring Business Interruption Losses: Insured's and
Summary: This commentary discusses...
A comprehensive linguistic approach to the analysis and assessment of marks for similarity and confusion reveals that there is a highly complex set of mechanisms involved in processing marks, some of which may not be immediately apparent. Practitioners...
In July 2007, the European Community (EC) adopted a new Regulation, colloquially referred to as the "Rome II Regulation." Starting on 11 January 2009, this Regulation replaces the existing choice of law rules for torts and unjust enrichment...
by Şebnem Işık
The Turkish Commercial Code
(TCC) has been in force since 1957, while most European countries have adopted
new codes or amended their regulations in accordance with economic developments
throughout the world. Because the...
By: Lisa M. Cirando
Excerpt: 2011 Emerging Issues 5924
When Life Gives You
Lemons: Insurance for Food and Beverage Claims
Insurance claims involving food and beverages span a wide range. Food-borne
illnesses caused by...
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In the United States, 28 U.S.C. § 1782 is a federal statute that allows an interested...
While arbitration has traditionally been considered primarily an instrument to resolve private sector commercial disputes, it has been gaining ground with certain public sector institutions as well. In recent years, there has been explosive growth in...
by Lawrence A. Kogan
This article questions the
extent to which U.S. continental shelf seabed mining policy, as reflected in
the U.S. administration's recently issued five-year OCS development plan and
accompanying agency regulations...
In 2003, the European Court of Justice tore down the walls sealing off the types of corporations available throughout the Member States of the European Union. Rapidly afterwards, Germans seized the opportunity and started to set up English private companies...
M. McNabb , Marsha
Z. Gerber , Stefan
Reisinger and Mary
On November 21, 2011, the United
States announced three measures designed to enhance sanctions on Iran. The
President issued an Executive Order authorizing the...
By: David J. Howell and James Rogers
J.A. Robinson v P.E. Jones (Contractors) Ltd  EWCA Civ 9
A recent decision of the English Court of Appeal has sought to reconcile existing case law concerning the extent to which a...