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Wikborg Rein | United Kingdom | 1 Sep 2021

High Court provides further guidance on implied terms under English law

In the shipping and offshore industry, guarantees are frequently given as security to legally promise the performance of a separate or primary contract. If a party to a primary contract defaults on its obligations, the guarantee provides an additional and, in theory, less costly and complex avenue for recovering any amounts owed to a beneficiary. A recent High Court decision on this matter......
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Mariconda e Associati Studio Legale | Italy | 7 Feb 2019

Real estate leasing and mandatory mediation

The Supreme Court of Cassation recently examined the relationship between real estate leasing agreements and mandatory mediation in banking and finance agreements. Basing its decision on Article 5 of Legislative Decree 28/2010, which provides that mandatory mediation must be attempted in banking and finance agreements, the court found that in legal proceedings regarding real estate leasing......
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Cozen O'Connor | USA | 19 Dec 2018

San Francisco federal judge dismisses class action claims as time barred and pre-empted by Airline Deregulation Act

In an interesting decision that may have significant repercussions for air carriers, a San Francisco federal judge recently dismissed a putative class action brought against Air France based on a limitations provision set out in Air France's General Conditions of Carriage and the pre-emption provisions of the Airline Deregulation Act.
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Shearn Delamore & Co | Malaysia | 19 Dec 2018

Court of Appeal finds carrier breached contract to deliver cargo

A high court recently dismissed a plaintiff's claim against the defendant-carrier for breach of its contract to carry and deliver cargo to the plaintiff on the basis that the plaintiff had failed to prove its claim. However, on appeal, the Court of Appeal upheld the plaintiff's claim and found the defendant liable.
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GRAF ISOLA Rechtsanwälte GmbH | Austria | 12 Dec 2018

Strikes and right to strike

It is widely understood that the Austrian concept of 'social partnership' (ie, the system for cooperation between the two sides of industry) has largely contributed to peaceful industrial relations. The social partnership recently agreed on a new collective bargaining agreement for the metal industry. However, negotiations in several other trades and industries have followed, and in a less......
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Obligado & Cia | Argentina | 3 Dec 2018

Amendments to law on industrial models and designs

The Argentine Executive Power recently issued Decree 27/2018, which has introduced significant and substantial amendments to the Law on Trademarks, the Law on Patents and the Industrial Model and Design Decree 6,673/63. The most important amendments include a simpler registration process, an expansion of the facts that do not destroy novelty and adjustments to renewal and grace periods.
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RPC | United Kingdom | 13 Nov 2018

Lowering bar for inducement test in cases of fraudulent misrepresentation

The test for inducement in cases of fraudulent misrepresentation is whether 'but for' the misrepresentation, the claimant 'might' have acted differently. The lower hurdle was clarified by the High Court in Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises and represents a departure from previous authorities, in which the test had been said to be whether but for the......
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Bodipalar Ponnudurai De Silva | Malaysia | 12 Nov 2018

Wrongdoer control: no longer just a numbers game

It has long been recognised that where wrongdoers control a company and thus prevent it from bringing an action, the courts will allow shareholders to do so on the company's behalf in order to obtain redress by way of a derivative action. While the courts have recognised a range of scenarios where wrongdoers can be said to control the company, can this concept of wrongdoer control apply where......
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VdA | Portugal | 7 Sep 2018

Banks, customers and other third parties: rules and regulations

Although the 2008 financial crisis triggered further legislation to protect banking clients and investors, the relationship between banks and customers had been a focus of legislators and regulators long before the banking collapse. Rules and regulations in this regard concern deposit compensation, bank-client relationships, consumer complaints, breaches of contract, residential mortgage......
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Wikborg Rein | United Kingdom | 8 Aug 2018

Aconcagua Bay – when is a berth 'always accessible'?

The Aconcagua Bay was voyage chartered for the carriage of cargo from the US Gulf. While the vessel was loading, a bridge and lock were damaged and the vessel could not leave the berth for 14 days. The owners claimed damages for detention from the charterers for the period of delay. The main issue was whether a warranty in a voyage charter that the berth is 'always accessible' means that the......
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