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Tuli & Co | India | 22 May 2018

Arbitration where insurer denies liability

The Supreme Court recently upheld the validity of a quantum-only arbitration clause and affirmed that once an insurer has denied liability, arbitration is no longer an option (unless the insurer and insured come to an independent agreement to arbitrate). In its decision, the Supreme Court stressed the importance of reviewing an insurer's declinature letter to properly assess whether liability......
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Mayer Brown | USA | 16 May 2018

California Supreme Court clarifies method for calculating overtime rate of pay relating to flat-sum bonuses

A recent California Supreme Court decision has had significant implications for employers when determining the regular rate of pay used to calculate overtime following the payment of flat-sum bonuses. The court held that employers must calculate the overtime rate of pay in pay periods in which an employee earns a flat-sum bonus by dividing the flat-sum by the non-overtime hours actually......
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Sidley Austin LLP | USA | 14 May 2018

Supreme Court denies certiorari for five environmental cases

The Supreme Court recently declined to hear several cases raising environmental law questions. One case sought a review of the Environmental Protection Agency's (EPA's) application of a Clean Water Act policy to prohibit blending storm water and sewage for discharge during heavy storms and the use of mixing zones. The Supreme Court also declined to review a Second Circuit ruling upholding the......
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Advokatfirman Lindahl | Sweden | 10 May 2018

Supreme Court to try limitations on judicial review of admissible evidence

Under the Competition Act, claims that a document is covered by legal privilege may be assessed by the courts. However, no equivalent possibility of judicial review exists for documents that allegedly fall outside the scope of dawn raid warrants. The question remains as to whether the lack of judicial review of such decisions is compatible with the European Convention on Human Rights and EU law.
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Stanchi Studio Legale | Italy | 9 May 2018

Employees can be dismissed if job is eliminated in company reorganisation

The Supreme Court recently found that in the case of a dismissal of an executive due to cost reductions, the main requirement is that the company's reorganisation process must be genuine. Employers are not required to prove that they are in economic difficulty. Rather, it is enough for them to demonstrate that the employee's job will no longer exist due to organisational changes.
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AKD | Netherlands | 24 Apr 2018

Dismissal of statutory director terminates management agreement by operation of law

More than 10 years ago, the Supreme Court handed down the so-called 'April 15 rulings', which imply that a resolution of a shareholders' meeting dismissing a statutory director who has an employment agreement with the company also terminates the agreement by operation of law. This led to confusion as to whether a corporate dismissal resolution would result in the termination of a management......
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Elias Neocleous & Co LLC | Cyprus | 17 Apr 2018

Supreme Court decision breached European Convention on Human Rights

The European Court of Human Rights recently reviewed disciplinary proceedings against a former judge that had taken place in the Supreme Court in 2006 and resulted in the judge's dismissal. The court found by a majority of six votes to one that the disciplinary proceedings in Cyprus were in breach of Article 6(1) of the European Convention on Human Rights and ordered the Cyprus government to......
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AKD | Netherlands | 11 Apr 2018

Supreme Court rules on determination of LLMC claims

The Supreme Court recently ruled on how to determine which claims under the Convention on Limitation of Liability for Maritime Claims 1976 are paid out of the property fund and which are paid out of the wreck fund if a party has chosen to constitute both funds. The judgment is particularly relevant because the Netherlands recently issued a legislative proposal which aims to abolish the wreck......
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Caplin & Drysdale, Chartered | USA | 30 Mar 2018

Narrower harbours: Supreme Court limits Section 546(e) securities safe harbour

The Supreme Court recently held that Section 546(e) of the Bankruptcy Code does not apply to transfers in which financial institutions are mere intermediaries. This decision plainly rejects what was, in many judicial circuits, a long-held interpretation of Section 546(e) and leaves certain transactions previously thought to be inviolate vulnerable to later being unwound if one of the parties......
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Wilson Harle | New Zealand | 27 Mar 2018

Context is everything – court adopts purposive approach to runway end safety area criteria

The Supreme Court recently considered a judicial review application about the length of runway end safety areas under a proposed runway extension. Users of the airport might be reassured by the Supreme Court's finding that, under the existing statutory regime, more than a cost-benefit analysis is required; among other matters, a mandatory consideration includes the need to improve aviation......
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