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Oon & Bazul LLP | Singapore | 1 Feb 2019

Restructuring and insolvency cases following recent amendments to Companies Act

The Companies Act was amended in May 2017 to introduce a number of improvements to Singapore's debt restructuring laws regarding super-priority status for rescue financing, schemes of arrangement, judicial management and cross-border insolvency. This article reviews the various court decisions (both reported and unreported) that have been issued since the changes became operative.
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Howse Williams 何韋律師行 | Hong Kong | 30 Jan 2019

Labour Tribunal orders claimant to provide security payment – speed bump for parties with weak claims

Since 2014 the Labour Tribunal has had the power to order parties to provide security for awards or orders. The grounds for making such an order are relatively broad and give the tribunal considerable discretion. However, there has been little case law on how this discretion should be exercised. A recent Court of First Instance decision sheds some light on this area of law.
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Shearn Delamore & Co | Malaysia | 17 Jan 2019

Court rules on threshold to set aside arbitral award that conflicts with public policy

The Federal Court recently clarified the high threshold required for an arbitral award to be set aside on grounds of public policy pursuant to Section 37 of the Arbitration Act. According to the court, although public policy is a broad concept, when applying it for the purpose of setting aside an award under Section 37, it should be read narrowly. Further, even where such a conflict with......
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BDO LLP | India | 21 Dec 2018

Taxability of back-office support services provided to overseas companies

A recent advanced ruling examined the applicability of goods and services tax (GST) to back-office support services provided by an Indian company to a foreign client. The Advance Ruling Authority held that the back-office support services in question should be treated as intermediary services, which are not eligible to be exempt from the GST applicable to an export of services since, as per......
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ELIG Gurkaynak Attorneys-at-Law | Turkey | 20 Dec 2018

Competition Board grants exemption to agreement between broadband providers

The Competition Board recently published its reasoned decision on the application filed by Vodafone regarding an agreement signed with Superonline. The agreement concerns Vodafone and Superonline granting each other access to their respective servers for wholesale fibre-optic broadband services and providing support services to each other's customers where appropriate.
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Ogier | Jersey | 20 Dec 2018

Banking and finance perspective on Jersey substance proposals

New proposed requirements for an economic substance test for Jersey tax-resident entities have been published to meet the requirements of the EU Code of Conduct Group. The reforms are set to come into force on 1 January 2019, subject to approval by the States of Jersey, and establish new tests for certain tax-resident companies carrying on relevant activities in respect of demonstrating that......
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RPC | Hong Kong, United Kingdom | 18 Dec 2018

Former employees gain head start?

The High Court recently considered the general legal principles for the grant of injunctive relief to protect an employer's confidential information alleged to have been taken by one or more former employees for the benefit of their new company. The outcome in the case (to date) illustrates the balance that the courts must often strike between recognising the legitimate interests of an......
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RPC | Hong Kong | 11 Dec 2018

Qualifying shareholders' access to company records

The recent decision of the High Court in Ninotre Investment Ltd v L & A International Holdings Ltd is a further example of the court's statutory power to grant a qualifying shareholder access to and inspection of company records. Section 740 of the Companies Ordinance (Cap 622) has become an established mechanism for aggrieved shareholders, with legitimate complaints in their capacity as......
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BDO LLP | India | 7 Dec 2018

Do liaison offices have to pay GST?

The Advance Ruling Authority (ARA) was constituted under Indian goods and services tax law and entrusted with the responsibility of answering questions regarding the applicability of tax, the admissibility of input tax credit, the classification of goods and services and the eligibility to receive the exemption. While an ARA ruling is binding only on the taxpayer that raises the question, it......
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Lewis Silkin | United Kingdom | 5 Dec 2018

Court backs recruitment agency seeking to enforce non-solicitation and non-dealing clauses against former employee

The High Court has awarded an interim injunction to Berry Recruitment Limited to prevent a former employee from soliciting and dealing with its clients and candidates. This case reinforces the fact that, in the right circumstances, recruitment businesses can enforce post-termination restrictions against employees without the trouble and expense of a full hearing.
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