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Phoenix Legal | India | 13 Apr 2023
Controversy Related to Taxability of Liquidated Damages Refuses to Perish
There are few controversies under the indirect taxes that refuse to settle down. One such issue is related to the taxability of ‘Liquidated Damages’…
Hassan Elhais | United Arab Emirates | 3 Mar 2023
Explained: UAE Courts Judgment Concerning Construction Works
In the UAE, all commercial activity, including that of construction, is regulated by the UAE Commercial Transactions Law. However, since these…
JSA | India | 24 Feb 2023
Certain employee statutory dues are not a part of the “liquidation estate” of a corporate debtor
In the case of State Bank of India v. Moser Baer Karamachari Union & Ors., the Supreme Court of India ("Supreme Court") has upheld the order of the…
Zhong Lun Law Firm | China | 14 Dec 2022
房地产项目债务重组中既有担保的延续
在众多房地产企业出现流动性问题的大背景下，债务重组成为房地产项目化解危机的重要方式之一。房地产项目的融资通常都附有保证、股权…
Bowditch & Dewey LLP | USA | 6 Dec 2022
Liquidated Damages Clause in Commercial Lease Unenforceable
In its December 5, 2022 slip opinion for Cummings Properties, LLC v. Darryl C. Hines, No. 21-P-1153, the Massachusetts Appeals Court held that a…
Schulte Roth & Zabel LLP | USA | 14 Nov 2022
Fifth Circuit Follows Ninth Circuit, Allows Post-Bankruptcy Contract Rate Interest In Solvent Debtor Case
Because Congress has not clearly abrogated the solvent-debtor exception,” the U.S. Court of Appeals for the Fifth Circuit held that a reorganized…
Snell & Wilmer LLP | USA | 9 Nov 2022
Liquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.
Liquidated damages provisions in commercial and residential real estate contracts play a vital role when a transaction goes south, and should be…
Penningtons Manches Cooper LLP | United Kingdom | 26 Oct 2022
Liquidated damages provisions in building contracts - Buckingham Group contracting Ltd v Peel L&P Investments and Property Ltd
The Technology and Construction Court (TCC) has handed down another judgment on the enforceability of liquidated damages provisions in building…
Troutman Pepper | USA | 6 Oct 2022
Careful contract drafting could mean recovery of liquidated damages and actual and consequential damages
The case involved cleanup and environmental remediation of a vacant factory contaminated with polychlorinated biphenyls and asbestos. The town of New…
Zhong Lun Law Firm | China | 22 Jul 2022
劳动合同中特殊违约金条款的设置及其有效性
根据《民法典》第五百八十五条，违约金条款是民事法律关系中违约责任的重要条款之一，当事人可以约定一方违约时应当根据违约情况向对方…
