Legal Briefings
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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
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24 July 2017
Key developments in Iran, July 2017
This update aims to provide a brief overview of key developments which have occurred in Iran during the past month and to highlight areas of future interest. In particular, the update covers notable developments in both the political arena and key economic sectors.
Legal Briefings
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17 July 2017
Update: Reviewed Mining Charter (2017)
On 14 July 2017, the Chamber of Mines (" the Chamber ") released a media statement advising that the Minister of Mineral Resources had given a written undertaking that both he and the Department of Mineral Resources (" DMR "), would not implement or apply the provisions of the Reviewed Mining...
Legal Briefings
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21 June 2017
South African mining industry blindsided by Mining Charter III
Much controversy has surrounded the Reviewed Broad-Based Black Economic Empowerment Charter for the South African Mining Industry (“ Mining Charter III ”). Since a draft was published for public comment in April last year questions have arisen as to the lack of meaningful consultation by the...
Legal Briefings
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13 June 2017
Policyholder recovers costs of ‘voluntary’ remediation works
The NSW Supreme Court has granted coverage to a policyholder for the costs of ‘voluntarily’ remediating accidental damage (contamination) to adjacent land, on the basis that it would have been liable to pay damages that would have been covered by the policy had it not remedied the damage.
Legal Briefings
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12 June 2017
Key developments in Iran, June 2017
This update aims to provide a brief overview of key developments which have occurred in Iran during the past month and to highlight areas of future interest. In particular, the update covers notable developments in both the political arena and key economic sectors.
Audio and Video
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08 June 2017
QATAR PROJECTS - WHAT TO DO NOW
Yesterday, we published a client briefing on the immediate steps which you should take if you are affected by this week's decision by Saudi Arabia, the UAE, Bahrain, Egypt, the Maldives and Yemen to cut diplomatic ties with Qatar, and close all land, sea and air communications to the Emirate (click...
Legal Briefings
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07 June 2017
Qatar - diplomatic ties severed: implications for business
On Monday 5 June 2017, Saudi Arabia, the United Arab Emirates ("UAE"), Egypt and Bahrain announced that they would sever diplomatic ties with, and cut off transport links to, Qatar. Saudi Arabia, the UAE, Bahrain and Egypt closed transport links with Qatar from Tuesday 6 June 2017. Effective from...
Legal Briefings
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13 April 2017
Environmental laws trump Linc Energy creditors
Today the Queensland Supreme Court held that an insolvent company’s environmental obligations under State law were unaffected by the liquidators’ disclaimer of related property and resource tenures. This decision changes the previous understanding of liquidators’ powers and the order of priority in...
Legal Briefings
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13 April 2017
Queensland environmental laws trump Commonwealth Corporations Act, liquidators are ’executive officers’
Today the Queensland Supreme Court confirmed that the liquidators of an insolvent company are ‘executive officers’ of that company under Queensland’s environmental laws, which means that the liquidators are required to use available funds to cause the company to comply with its environmental...
Legal Briefings
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12 April 2017
Policyholders may still secure cover despite non-disclosure
If a policyholder fails to disclose information they could reasonably be expected to know to be relevant to the risk for which they are seeking insurance, the insurer may reduce its liability in the claim to the extent it has been prejudiced by the non-disclosure.
Legal Briefings
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30 March 2017
Key Developments in Iran – March 2017 (Part 2)
This update aims to provide a brief overview of key developments which have occurred in Iran during the past month and to highlight areas of future interest. In particular, the update covers notable developments in both the political arena and key economic sectors.
Legal Briefings
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24 March 2017
Serious Fraud Office investigations regarding the extractive industry
The mining industry presents a high risk of corruption as operations are often located in high risk regions and it is often necessary to interact with government officials and agencies in order to obtain licenses and approvals for the exploration, development, construction and operation of a mine.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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...
