Legal Briefings
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18 August 2017
Plain sailing for Glencore as court upholds Port of Newcastle declaration
The Full Federal Court has confirmed the decision of the Australian Competition Tribunal to declare services provided by the Port of Newcastle under the National Access Regime (see our previous articles here and here ). This paves the way for the ACCC to arbitrate the prices and other terms of...
Legal Briefings
|
18 August 2017
Frictionless trade? UK-EU customs relations post-Brexit
On 15 and 16 August 2017 the UK Government published two papers setting out its proposals for UK-EU customs relations post-Brexit. While these papers contain the greatest amount of detail to date in relation to the Government's thinking, they do of course only represent the start of the...
Legal Briefings
|
17 August 2017
Misuse of Market Power Bill passed
The Competition and Consumer Amendment (Misuse of Market Power) Bill 2017 was passed by both houses of parliament on 15 August 2017, introducing a new misuse of market power prohibition under section 46 of the Competition and Consumer Act 2010. The changes to section 46 are significant,...
Legal Briefings
|
16 August 2017
Less than a year to go before new country of origin food labels become mandatory
In response to consumer feedback and government consultation and review, the new Country of Origin Food Labelling Information Standard 2016 (the Standard ) 1 were introduced last year and take mandatory effect from 1 July 2018 .
Legal Briefings
|
16 August 2017
Corporate crime update, August 2017
Welcome to the August 2017 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update covers a number of jurisdictions summarised below. Click read more for the full article of each jursidiction.
Legal Briefings
|
15 August 2017
The Unified patent court and unitary patent – Introduction
26 of the 28 European Union Member States (MSs) have participated in the enhanced cooperation needed to establish a new patent right – the European Patent with Unitary Effect, otherwise known as the unitary patent ( UP ). This new right will become available as soon as the new court system - the...
Legal Briefings
|
15 August 2017
MAS clarifies stance on digital tokens
On 1 August 2017, the Monetary Authority of Singapore ( MAS ) clarified through a media release that an offer or issue of digital tokens would be regulated if these tokens constitute products which are regulated under the Securities and Futures Act ( SFA ). In doing so, the MAS sent a strong signal...
Legal Briefings
|
15 August 2017
India Related Commercial Contracts
Dispute resolution and governing law clauses We are delighted to share with you the sixth edition of our well-regarded Guide on Dispute Resolution and Governing Law Clauses in India-related Commercial Contracts. The Guide is intended to assist in-house counsel who handle India-related commercial...
Legal Briefings
|
09 August 2017
Certification denied for £14bn competition class action: what next for the UK regime?
The UK's Competition Appeal Tribunal ( CAT ) has recently refused to certify a proposed opt-out class action against MasterCard, following hot on the heels of the abandonment of the first such action due to costs concerns. Stephen Wisking, Kim Dietzel and Molly Herron consider where these...
Legal Briefings
|
09 August 2017
‘Broad, liberal and flexible’: the interpretation of arbitration agreements by the Australian courts
The recent Supreme Court of Western Australia decision of Fitzpatrick v Emerald Grain Pty Ltd [2017] WASC 206 involved a successful application to stay proceedings and refer a dispute to arbitration pursuant to section 8 of the Commercial Arbitration Act 2012 (WA).
Legal Briefings
|
09 August 2017
Hong Hong Court of Appeal finds against bank on the basis that the bank's exclusion of liability clauses were unconscionable and unreasonable
The Hong Kong Court of Appeal ( CA ) has recently affirmed a decision of the Court of First Instance ( CFI ), in which a ruling was made in favour of the plaintiff investors in a mis-selling claim against a bank, albeit on different grounds to that of the CFI (click here for the full judgment and...
Legal Briefings
|
08 August 2017
FCA consults on extending the SMCR to insurance intermediaries
The FCA has published proposals to extend the Senior Managers and Certification Regime (SMCR), which already applies to banks, to other financial services firms. The new rules, which are designed to make individuals more accountable for their actions, will affect insurance intermediaries and their...
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Legal Briefings
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18 August 2017
Plain sailing for Glencore as court upholds Port of Newcastle declaration
The Full Federal Court has confirmed the decision of the Australian Competition Tribunal to declare services provided by the Port of Newcastle under the National Access Regime (see our previous articles here and here ). This paves the way for the ACCC to arbitrate the prices and other terms of...
Legal Briefings
|
18 August 2017
Frictionless trade? UK-EU customs relations post-Brexit
On 15 and 16 August 2017 the UK Government published two papers setting out its proposals for UK-EU customs relations post-Brexit. While these papers contain the greatest amount of detail to date in relation to the Government's thinking, they do of course only represent the start of the...
Legal Briefings
|
17 August 2017
Misuse of Market Power Bill passed
The Competition and Consumer Amendment (Misuse of Market Power) Bill 2017 was passed by both houses of parliament on 15 August 2017, introducing a new misuse of market power prohibition under section 46 of the Competition and Consumer Act 2010. The changes to section 46 are significant,...
Legal Briefings
|
16 August 2017
Less than a year to go before new country of origin food labels become mandatory
In response to consumer feedback and government consultation and review, the new Country of Origin Food Labelling Information Standard 2016 (the Standard ) 1 were introduced last year and take mandatory effect from 1 July 2018 .
Legal Briefings
|
16 August 2017
Corporate crime update, August 2017
Welcome to the August 2017 edition of our corporate crime update - our round up of developments in relation to corruption, money laundering, fraud, sanctions and related matters. Our update covers a number of jurisdictions summarised below. Click read more for the full article of each jursidiction.
Legal Briefings
|
15 August 2017
The Unified patent court and unitary patent – Introduction
26 of the 28 European Union Member States (MSs) have participated in the enhanced cooperation needed to establish a new patent right – the European Patent with Unitary Effect, otherwise known as the unitary patent ( UP ). This new right will become available as soon as the new court system - the...
Legal Briefings
|
15 August 2017
MAS clarifies stance on digital tokens
On 1 August 2017, the Monetary Authority of Singapore ( MAS ) clarified through a media release that an offer or issue of digital tokens would be regulated if these tokens constitute products which are regulated under the Securities and Futures Act ( SFA ). In doing so, the MAS sent a strong signal...
Legal Briefings
|
15 August 2017
India Related Commercial Contracts
Dispute resolution and governing law clauses We are delighted to share with you the sixth edition of our well-regarded Guide on Dispute Resolution and Governing Law Clauses in India-related Commercial Contracts. The Guide is intended to assist in-house counsel who handle India-related commercial...
Legal Briefings
|
09 August 2017
Certification denied for £14bn competition class action: what next for the UK regime?
The UK's Competition Appeal Tribunal ( CAT ) has recently refused to certify a proposed opt-out class action against MasterCard, following hot on the heels of the abandonment of the first such action due to costs concerns. Stephen Wisking, Kim Dietzel and Molly Herron consider where these...
Legal Briefings
|
09 August 2017
‘Broad, liberal and flexible’: the interpretation of arbitration agreements by the Australian courts
The recent Supreme Court of Western Australia decision of Fitzpatrick v Emerald Grain Pty Ltd [2017] WASC 206 involved a successful application to stay proceedings and refer a dispute to arbitration pursuant to section 8 of the Commercial Arbitration Act 2012 (WA).
Legal Briefings
|
09 August 2017
Hong Hong Court of Appeal finds against bank on the basis that the bank's exclusion of liability clauses were unconscionable and unreasonable
The Hong Kong Court of Appeal ( CA ) has recently affirmed a decision of the Court of First Instance ( CFI ), in which a ruling was made in favour of the plaintiff investors in a mis-selling claim against a bank, albeit on different grounds to that of the CFI (click here for the full judgment and...
Legal Briefings
|
08 August 2017
FCA consults on extending the SMCR to insurance intermediaries
The FCA has published proposals to extend the Senior Managers and Certification Regime (SMCR), which already applies to banks, to other financial services firms. The new rules, which are designed to make individuals more accountable for their actions, will affect insurance intermediaries and their...
