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Lapointe Rosenstein Marchand Melançon LLP | Canada | 18 Dec 2018
Will a franchisee's rescission claim stay or will it go? Mandatory mediation may result in stay of proceedings
It has become common practice to include alternative dispute resolution (ADR) provisions in franchise agreements. A recent decision by the Ontario Court of Appeal serves as a stark reminder to franchisors to ensure that ADR provisions contained in a franchise agreement are properly drafted so that the commencement of disputes thereunder triggers the running of the applicable limitation period.
CMS Cameron McKenna Nabarro Olswang LLP | European Union, United Kingdom | 16 Nov 2018
Brexit update for financial services firms - week ending 9th November 2018
In the financial services (FS) sector, the flow of publications on ‘no deal’ preparations continues apace (see Documents 1 to 5 below and most of the…
Global Law Office | China | 18 Oct 2018
Effects of unauthorised agency on arbitration agreements
The Changsha Intermediate Court recently ruled on whether the arbitration clause in a share transfer agreement had a binding effect on the petitioner – who was a controlling shareholder of a public company – and a company to which he had intended to transfer his shares. The validity of the arbitration clause hinged on whether a director of the public company who had signed the share transfer......
Elias Neocleous & Co LLC | Cyprus | 2 Oct 2018
Requirements for granting mandatory injunctions on interim applications
A recent Larnaca District Court judgment examined the requirements for granting mandatory injunctions on interim applications. The decision is in line with well-established legal principles, as mandatory orders are an extraordinary remedial process granted not as a matter of right, but rather after the exercise of sound judicial discretion. Their application is restricted to clear and......
Ogier | Guernsey | 23 Aug 2018
Guernsey Court of Appeal provides avenue of escape to tax advisers and trustees
The Guernsey Court of Appeal recently handed down its long-awaited judgment in M v St Anne's Trustees. On appeal, neither party had challenged the Guernsey Royal Court's decision that Guernsey law should follow Pitt v Holt. Instead, they had focused on arguing that there had been a breach of fiduciary duty and that the Royal Court should have exercised its discretion to grant relief.
Cliffe Dekker Hofmeyr | South Africa | 10 Aug 2018
If no tax debt, SARS must pay refund: notable judgment on Tax Administration Act's refund provisions
A recent judgment dealt with the pertinent and relevant issue of whether the South African Revenue Service (SARS) was legally justified in refusing to pay certain value added tax (VAT) refunds to a taxpayer on the grounds that the taxpayer owed an income tax debt, which SARS alleged was due and payable. The judgment should be seen as positive by taxpayers that have experienced difficulties in......
Asters | Ukraine | 9 Jul 2018
Main regulatory aspects regarding telecommunications industry in Ukraine
Over the past year Ukraine has experienced developments that will undoubtedly shape the future of its telecom industry. 2018 is the year when 4G…
Barnes & Thornburg LLP | USA | 21 Feb 2018
Do Over? NLRB May Have To Revisit Its Stance On Joint-Employers Due To Alleged Conflict
On Dec. 14, 2017, the National Labor Relations Board (NLRB) made headlines and pacified many concerned members of the business community when it…
Wanhuida Intellectual Property | China | 13 Nov 2017
Patent claim drafting tips: a patent invalidation and lawsuit perspective
There are a number of tips that patentees should follow in order to enhance their patent's strength and give greater protection to their inventions. For example, patent claims should cover as many direct infringers as possible, defence claims should include as many specific features as possible and patent claims should not include any process features.
Saul Ewing Arnstein & Lehr LLP | USA | 16 Oct 2017
FBI Charges Based on Bribes Could Forecast a New Enforcement Priority for Universities
On September 26, the United States Attorney for the Southern District of New York announced criminal charges against ten individuals relating to a…
