Searching Content indexed under International Trade & Investment by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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Commercial Dispute Resolution Briefing, July 2011
In stark contrast to the decision by the UK Supreme Court last year not to enforce a French arbitration award granted against the Government of Pakistan, the French Court of Appeal recently ruled in favour of enforcing it.
28 Jul 2011
European Court of Justice Considers the ELD
On 9 March 2010, in Raffinerie Mediterranee (ERG) SpA v Ministero dello Sviluppo economico, the European Court of Justice ("ECJ") gave its first judgments on the Environmental Liability Directive ("ELD").
20 Dec 2010
Incoterms Updated
On 1 January 2011 Incoterms 2010 (ICC Publication No. 715) will enter into force, although there is nothing preventing their immediate use, should the parties wish to do so.
9 Dec 2010
Sanctions Against Iran – EU Regulation 961/2010
A new European Union Regulation, in force throughout the EU from 27 October, imposes enhanced restrictions on the dealings of EU citizens and companies with Iran/Iranian companies and entities.
1 Nov 2010
EU Commission: 13th Update of the List of Airlines Banned from European Airspace
On 30 March 2010, the European Commission adopted the 13th update of the list of airlines banned in the European Union. Since the adoption of the first list on 22 March 2006, updates have been issued with reliable regularity at six monthly intervals.
European Union
8 Jul 2010
Blow to Campaigners for Change to Privilege Rules in the EU Competition Law Context
The latest development in the long-running Akzo case suggests that attempts by in-house lawyers to secure the protection of legal professional privilege ("LPP") in relation to EU competition law are unlikely to succeed, following an opinion handed down by Advocate General Kokott ("AG") on 29 April 2010.
6 May 2010
Clearing Up West Tankers
Although the ECJ decision in Allianz SpA and Another v West Tankers Inc Case 185/07 of 10 February 2009 (“the West Tankers decision”) confirmed that under European Council Regulation No 44/2001 (“the Regulation”) any EU member state court, even one having supervisory jurisdiction over an arbitration, could not order the court of another member state to halt proceedings issued there in breach of the arbitration agreement, it did not deal with how the potential problems arising from parallel proce
11 May 2009
Europe Takes A Giant Stride Towards Approving The Cape Town Convention
During December 2008, the European Parliament took a major step towards ratification of the Cape Town Convention and its Aircraft Protocol.
22 Apr 2009
Aviation Joins The EU ETS - Now The Focus Is On What The Airlines Must Do
From 2012, all commercial airlines, community and non-community carriers alike, will be compelled to purchase and surrender carbon emissions allowances for their flights within the EU and for flights departing from or arriving at community airports.
22 Apr 2009
Asian Liberalisation - In The Air?
Several years ago, the 10 Association of Southeast Asian Nations (ASEAN) members (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam) informally agreed that they would work towards full liberalisation of air services within their region by 2015.
22 Apr 2009
Trader´s Guide: How To Manage Risk And Reduce Exposure
Since September 2008, and the collapse of Lehman Brothers, not a day seems to pass without news of the impact of the global financial crisis upon markets.
2 Apr 2009
Choosing The Law: Rome II
The Rome II Regulation was applicable from 11 January 2009, harmonising the choice of law rules that apply to non-contractual obligations (including torts) in the European Union.
European Union
27 Jan 2009
Chemicals Regulation: "REACH"
The modern world depends on chemicals. Global chemical production has grown enormously within the space of a few decades, from one million tonnes in 1930 to over 400 million tonnes today.
17 Oct 2007
West Tankers - Continued Support For London Arbitration
Recent cases demonstrate the support English courts will give to arbitration, and the House of Lords' decision in West Tankers Inc v RAS Riunione Adriatica di Sicurita SpA and Ors (2007) is another example.
11 Jul 2007
Through A Class Darkly: Developments In European Group Litigation
Are class actions on their way? Growing consumer pressure in various countries has led to procedural reforms intended to facilitate litigation by groups of claimants with similar claims. This inevitably draws comparisons and contrasts with the US class action model.
5 Jul 2007
The Reinsurance Directive - Creating A Level Playing Field?
Historically, there has been no common regulation of reinsurance in the European Union (the "EU"), and Member States applied their own rules in relation to the conduct of reinsurance business. At one extreme, Belgium and Greece, for example, chose not to regulate reinsurers at all.
3 Jul 2007
Enforcing Dispute Resolution Clauses
The traditional English approach is to hold the parties to their bargain, and grant an injunction in favour of the agreed jurisdiction or arbitration provision. This has contrasted sharply with the position adopted by the European Court of Justice (ECJ)
3 Jul 2007
Commercial Dispute Resolution Briefing, December 2006
Section 45 of the Arbitration Act 1996 provides the court with a discretionary power to determine questions of law. The court can, therefore, refuse an application if it is not persuaded that it should make a determination at that stage.
11 Jan 2007
Directors’ and Officers’ Liability Review, Winter 2006 - News Digest
The Sarbanes-Oxley regulations are to be lightened following recognition by the US Government that the legislation has been overly onerous, and acceptance by US regulator, the Public Company Accounting Oversight Board (‘PCAOB’), that section 404 (concerned with financial reporting requirements) has been costlier than anticipated, with costs exceeding the benefit derived.
4 Jan 2007
A New Liability Regime For Corporate Reporting
Now that the Companies Act has received Royal Assent, we look afresh at the corporate reporting requirements for listed companies and consider to what extent these new requirements give effect to the EU legislation which lies behind many of them. We also consider the vulnerability of directors to cross border claims against directors of UK companies.
4 Jan 2007
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