17 June 2020
Federal Court of Australia again recognises and enforces ICSID awards
The Federal Court of Australia has recognised and enforced two awards issued in investor-state arbitrations conducted under the rules of the International Centre for Settlement of Investment Disputes ( ICSID ) (ICSID case numbers ARB/13/31 and ARB/13/36 ). The Federal Court decision, Eiser...
10 June 2020
Takeaways from the In-N-Out and Down-N-Out burger brands battle (Australia)
A series of recent Federal Court cases in Australia provides a warning to “cheeky” traders whose marketing draws too closely on the brand and reputation of their rivals. In February, the Federal Court ruled that the operators of the Down-N-Out burger chain were liable to In-N-Out Burgers for trade...
02 June 2020
COVID-19: Pressure Points: A quick reference tool to help assess the availability of force majeure relief under English law (UK)
The global crisis arising from the COVID-19 pandemic has inevitably prompted many commercial parties to reconsider their contractual arrangements, either because they (or a counterparty) are facing difficulties in performing their obligations or because the contract has become uneconomic in light...
17 March 2020
COVID-19: Potential legal impact (Spain)
In recent days, different measures have been adopted to counter the exceptional situation generated in Spain by COVID-19, including Royal Decree 436/2020, of 14 March, which declares the state of emergency to tackle the health emergency caused by COVID-19 (" RD 463/2020 "). The situation is highly...
18 February 2020
Covid-19: Governance: Insurance losses and considerations for policyholders (Australia)
The various restrictions being put in place to contain the spread of COVID-19 are causing significant disruption to supply chain logistics for businesses all over the world. Many Australian policyholders are asking: can the adverse financial consequences of the interruption be claimed on insurance...
30 January 2020
Unfolding privacy class actions in Australia
Claimants in Australia face a number of challenges to successfully bringing a privacy class action, including the absence of a clear cause of action and difficulties in quantifying loss. Despite the challenges, on 9 December 2019, the Supreme Court of NSW in Evans v Health Administration...
19 November 2019
How far can you act in your own self-interest? The role of good faith in commercial contracts
The traditional starting point in English contract law is that parties are free to do what they like so long as they do not breach the agreed terms. But it is becoming increasingly common for parties to agree terms requiring them to act in “good faith”, or similar. Even where no such term is...
25 June 2019
The view from Brussels - Can the Backstop be Renegotiated?
Both candidates to be leader of the Conservative Party, and therefore to be UK Prime Minister, have vowed to renegotiate the Withdrawal Agreement and in particular the Protocol on Ireland/Northern Ireland. Meanwhile in Brussels, the EU-27 (meeting in Euro summit format) has just reiterated, again,...
20 December 2022
WHISTLEBLOWING: THE GERMAN PARLIAMENT PASSES THE WHISTLEBLOWER PROTECTION ACT
Whistleblowers will be able to draw attention to violations of laws and regulations in companies and public authorities more easily and without fear of reprisals. This is the aim of a draft law by the federal government (20/3442), which the German Parliament passed on 16 December 2022 in a version...
20 December 2022
DEFRA ISSUES ENVIRONMENTAL TARGETS
On 16 December 2022, DEFRA issued its consultation response setting out the final form of the environmental targets required by section 1 of the Environment Act 2021. The targets were due to be adopted on 31st October 2022 but delayed to allow time to deal with a large volume of responses to...
20 December 2022
UK environmental law in 2023 – What to expect
It's now over a year since the Environment Act 2021 received Royal Assent. What progress has been made, and what should we be on the watch for in 2023? Our Real Estate Development Yule Blog takes a look at three areas of interest: mandatory biodiversity net gain ; environmental deadlines ; and the...