Allen & Overy LLP

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A New Era For "Good Faith" In English Contract Law – The Next Instalment?

In Bristol Groundschool Ltd v Intelligent Data Capture Ltd & ors [2014] EWHC 2145 (Ch), 2 July 2014, Richard Spearman QC (sitting as Deputy Judge of the Chancery Division) implied a general duty of good faith into what the High…more
| Commercial Law & Contracts, Labor & Employment Law

Conclusive Evidence Clauses And Failure To Mitigate

In ABM Amro Commercial Finance Plc v Ambrose McGinn & ors [2014] EWHC 1674 (Comm), 23 May 2014 the court ruled that an indemnifying party cannot argue that a failure to mitigate by an indemnified party absolves the indemnifying…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking

Commercial Court Refuses To Stay Proceedings Where Arbitration Clause Required Parties To "Endeavour" To Arbitrate A Dispute

In Christian Kruppa v Alessandro Benedetti & anr [2014] EWHC 1887 (Comm), 11 June 2014, the Commercial Court held that a dispute resolution clause that required the parties to "endeavour" to resolve a dispute through arbitration…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Applicability Of Late Payment Of Commercial Debts (Interest) Act 1998 – What Is A "Sufficient Connecting Factor" With England?

In Martrade Shipping & Transport GmbH v United Enterprises Corp [2014] EWHC 1884 (Comm), 12 June 2014, Popplewell J considered the application of the Late Payment of Commercial Debts (Interest) Act 1998 (the 1998 Act) to…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Finance & Banking, International Law & Trade

Non-Party Costs Order Granted Against Sole Director And Shareholder

In Deutsche Bank AG v Sebastian Holdings Inc [2014] EWHC 2073 (Comm), 24 June 2014, a non-party costs order was imposed on a sole director and shareholder of a defaulting judgment debtor. The individual concerned had been…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking, International Law & Trade

Should've, Would've, Could've: High Court Rules On The Use Of Hindsight In The Valuation Of A Target Company

In Ageas (UK) Ltd v Kwik-Fit (GB) Ltd & anr [2014] EWHC 2178 (QB), 4 July 2014, in a claim for breach of warranty under a share purchase agreement, the defendant's warranty and indemnity insurer, AIG, argued that the assessment…more
| Civil Procedure, Civil Remedies, Finance & Banking, Mergers & Acquisitions, Securities Law

Achieving Justice And Human Rights In An Era Of Climate Disruption – New IBA Report

On 22 September 2014, the International Bar’s Association task force on Climate Change Justice and Human Rights released its new report Achieving Justice and Human Rights in an Era of Climate Disruption in the wake of the UN…more
| Civil Rights, Energy & Utilities, Environmental Law, International Law & Trade

Supreme Court Considers Whether A Bribe Or Secret Commission Received By An Agent Is The Property Of The Principal

In HR European Ventures LLP & ors v Cedar Capital Partners LLC [2014] UKSC 45, 16 July 2014, the Supreme Court held that bribes and secret commissions, received by an agent, should be treated as the property of the principal and…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Business Torts, Securities Law

Antitrust In Australia: Where Is It Heading?

The ACCC argues the current wording of section 46 of the Competition and Consumer Act 2010 (CCA) (which regulates misuse of market power) does not sufficiently capture exclusionary anti-competitive conduct that can damage the…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Criminal Law, Mergers & Acquisitions

Remuneration Voting - 2014 AGM Season

Over the 2014 AGM season, there was much media attention on the so-called ‘Shareholder Spring’. We have analysed the shareholder votes on resolutions to approve directors’ remuneration reports and remuneration policies during…more
| Commercial Law & Contracts, Securities Law

Second Circuit Holds Foreign Banks Are Not Subject to Jurisdiction Based on the Presence of a U.S. Branch

On September 17, 2014, in Gucci America, Inc. v. Li and Tiffany (NJ) LLC v. Forbse, the United States Court of Appeals for the Second Circuit held for the first time that foreign banks are not subject to jurisdiction in the…more
| Finance & Banking, Intellectual Property, International Law & Trade

International Tax Alert: OECD Releases BEPS Papers

Yesterday saw the release of the first set of deliverables under the OECD’s project on base erosion and profit shifting (BEPS). These constitute the “building blocks” for an internationally agreed and co-ordinated response to…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Taxation

Dutch Tax Plan 2015 and other changes in Dutch tax law

Today, the Dutch Ministry of Finance published its Tax Plan 2015 (hereinafter: Tax Plan). The Tax Plan primarily has an impact on citizens of the Netherlands, especially employees. The impact for the business community itself,…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, International Law & Trade, Taxation

New Amendment To The France-Luxembourg Tax Treaty: Capital Gains On Sale Of Real Estate Entities Will Be Taxable In The State Where The Real Estate Assets Are Located

Based on the press release issued by the Luxembourg Ministry of Finance (MoF), the amendment allocates the right to tax capital gains realised upon the sale of stock, shares or other rights in companies, trusts or any other…more
| Business Organizations, International Law & Trade, Securities Law, Taxation, Real Estate - Commercial

The International Comparative Legal Guide to: Corporate Immigration 2014

What are the main sources of immigration law in Germany? -The main source is the German Immigration Act (Zuwanderungsgesetz), which is composed of the German Residence Act (Aufenthaltsgesetz) for non-EU citizens and the…more
| Labor & Employment Law, Immigration Law, International Law & Trade
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