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Bowmans | Global | 10 Oct 2018

Cape Town Agreement 2012: milestone for improving fishing vessel safety and loss prevention

Fishing remains one of the most dangerous occupations in the world. According to International Labour Organisation statistics, at least 24,000 people die and 24 million are injured each year on commercial fishing vessels. The International Union of Maritime Insurers 2018 Conference, which was recently held in Cape Town, provided a platform for discussing some of the issues and challenges......
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ThomannFischer | Switzerland | 27 Jun 2018

Severe uncertainty regarding procedural value of survey reports

Survey reports are an essential part of any claims handling process and an important factor in court proceedings. The Code on Civil Procedure provides for numerous clauses of admissible means of evidence. However, party assertions are not listed among these means of evidence. A recent Federal Supreme Court decision suggests that survey reports, at least if prepared by one party alone, could......
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Santamarina y Steta SC | Mexico | 15 Jun 2018

How to make sure that your real estate project succeeds

In determining the feasibility of a real estate project, an evaluation of the relevant financial and statistical analyses is not enough. Due to the complex and extensive legislative scope that developers now face, they must also consider the legal factors that will affect a project's implementation and operation, including with regard to the authorised use of a property, environmental zoning......
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Harneys | British Virgin Islands | 14 Jun 2018

Avoiding evasion: court takes pragmatic approach to serving uncooperative defendants abroad

International litigation and asset recovery require the pursuit of defendants and their assets across borders; therefore, it is a routine aspect of BVI litigation for claimants to serve legal documents abroad. Two recent decisions should significantly decrease the delay in effecting service abroad and pave the way for a more efficient approach to service out in the future.
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Norton Rose Fulbright | Global | 7 Jun 2018

Enforcement regimes under New York and Washington Conventions – a tale of two cities

There are two principal treaties which govern the enforcement of international arbitral awards in foreign jurisdictions: the New York Convention and the Washington Convention. The success of international arbitration (both commercial and investment treaty arbitration) can be attributed in large part to the global enforcement regimes created under these treaties. While the New York Convention......
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Norton Rose Fulbright | Global | 24 May 2018

60th anniversary of New York Convention: a Q&A

In 2018 the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (known as the New York Convention) will celebrate its 60th anniversary. The New York Convention governs two fundamental aspects of international arbitration – namely, how states will treat arbitration agreements and arbitral awards that were made in other jurisdictions. There are 157 contracting states......
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Elias Neocleous & Co LLC | Cyprus | 23 May 2018

International Convention for the Control and Management of Ships' Ballast Water and Sediments ratified

Cyprus recently ratified the International Convention for the Control and Management of Ships' Ballast Water and Sediments. Its objective is to prevent, reduce and control pollution of the marine environment – especially the spread of harmful aquatic organisms from one region to another – and the consequential damage to health and natural resources. To meet this objective, the convention......
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Porzio Ríos García | Chile | 2 May 2018

Supreme Court casts doubt on non-unionised employees' right to collective bargaining

The right to collective bargaining for non-unionised employees is a contentious issue following the recent labour reform. The Supreme Court recently decided on constitutional protective action, finding that the Labour Inspectorate need not register a collective agreement with a non-union employee group. Although this has not rendered such agreements illegal, it has increased the uncertainty......
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AKD | Netherlands | 16 Apr 2018

Benelux Convention on Intellectual Property amendments: what do they mean for Dutch trademark holders?

On June 1 2018 two protocols that amend the Benelux Convention on Intellectual Property will take effect. The amendments will make it possible for Dutch parties to initiate actions before the Benelux Office for Intellectual Property with regard to the opposition, revocation and cancellation of a Benelux trademark. They will therefore have a significant effect on Dutch revocation and......
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George Z Georgiou & Associates LLC | Cyprus | 12 Apr 2018

From Russia with love? District court rejects application to enforce Russian arbitral award

In a recent Limassol District Court case, the applicants requested the registration and enforcement in Cyprus of a Russian arbitral award. Τhe court found that the applicants had failed to provide evidence of whether Russia was a contracting state to the New York Convention and that the award's translation did not fulfil the convention's requirements. As a result, the application to register......
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