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RPC | Hong Kong | 12 Mar 2019

Waiver of privilege during court proceedings

In a recent case before the High Court, a novel issue arose as to whether a party's deployment of privileged documents for the purposes of the trial of a preliminary issue concerning limitation would result in privilege in the documents being waived (lost) for the purposes of the main trial, in the event that the court held that the claim was not time barred. The case is a useful reminder of......
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Howse Williams 何韋律師行 | Hong Kong | 8 Jan 2019

HKIA launches public consultation to update its guidelines

The Hong Kong Insurance Authority (HKIA) will take over the regulation of insurance intermediaries from the three self-regulatory organisations in mid-2019. Given that there are several sets of competence standards across these organisations, it is necessary to consolidate and update them in line with the statutory requirements to improve protection for policyholders. As such, the HKIA......
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Dentons | Canada | 18 Dec 2018

Court upholds owner's discretion to select contractor based on overall cost, schedule and experience

The Alberta Court of Appeal recently ruled on the tendering of a contract that will be of interest to owners and contractors alike. The court upheld an owner's right to rely on privilege and discretion clauses and a description of the relevant evaluation criteria in the tender documents, as well as its right to take a nuanced view of the costs to choose the contractor that it considered best......
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ALTIUS | Belgium | 7 Dec 2018

Effects of bankruptcy on spouses' personal debts

The former Bankruptcy Statute of 1997 included a principle that a natural person could be discharged of their remaining and outstanding debts – a so-called 'waiver' – at the moment of a bankruptcy's closure. The discharge's beneficial effects were extended to the bankrupt person's spouse. However, for bankruptcies that have happened since 1 May 2018, and so fall under the new legal framework,......
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Hughes Hubbard & Reed LLP | France, USA | 12 Nov 2018

France tightens rules on state immunity

Articles 59 and 60 of Law 2016-1691 (the Sapin II Law) on transparency, anti-corruption and the modernisation of economic life established a system of immunity from the execution of civil judgments on property in France which is owned by foreign states. The main purpose of this aspect of the Sapin II Law is to limit the risk of litigation arising from seizures or attachments of property......
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Arnecke Sibeth Dabelstein | Germany | 24 Oct 2018

A deal is a deal: compensation claim for alleged consignment loss or damage

While settling claims out of court to avoid losing customers is becoming standard practice in the shipping and transport industry, such payments should not be made prematurely – particularly if the carrier's responsibility for the damage is unclear. In most cases, the opposing party interprets such goodwill payments as an acknowledgement of debt at a later stage in the proceedings. Therefore,......
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Mayer Brown | USA | 17 Oct 2018

Court rules employers can require employees to execute arbitration agreements with class or collective action waivers

A unanimous panel of the Sixth Circuit recently held that the Fair Labour Standards Act does not prohibit employers from requiring employees to execute arbitration agreements with class or collective action waivers. The decision joins those from other federal courts of appeal in holding that claims under the Fair Labour Standards Act are subject to agreements to arbitrate on an individual basis.
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Wanhuida Intellectual Property | China | 15 Oct 2018

Official fees for patent applications cut

The State Intellectual Property Office recently announced that a number of official patent application fees would be waived as of 1 August 2018. In addition, if a patent applicant or patentee meets the criteria for annuity reduction as set out in Article 3 of the Measures on the Reduction of Patent Official Fees, the reduction period will be extended from six years (calculated from the year......
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Ogier | Cayman Islands | 11 Oct 2018

Grand Court examines master-feeder redemption procedures

A recent Grand Court decision is significant for Cayman master-feeder fund structures. Funds and their advisers should review the redemption provisions in master fund articles of association and partnership agreements to ensure that, operationally, redemptions are being effected in accordance with such documents.
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Clifford Chance | United Kingdom | 11 Oct 2018

State consent to arbitrate and waiver of immunity determined by clear wording of arbitration agreement

The High Court recently examined an application by Ukraine to set aside an enforcement award following a disputed arbitration award. The case highlights the importance of ensuring that any agreement being entered into with a state party contains carefully drafted arbitration provisions and appropriately worded waiver of immunity language to ensure that the dispute resolution regime is fit for......
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