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Shipping related disputes - avoiding service out of the jurisdiction

As the shipping community is truly internationally based, issues can often arise when a formal claim is issued in the English High Court that then has to be served outside the UK jurisdiction.  For example, if a dispute arises between a ship ow...




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Shipping - jurisdictional issues following the Brussels Recast

The changes to the Brussels Regulations apply to civil and commercial proceedings commenced on or after 10 January 2015 and are applicable in all 28 EU Member States. The Regulations determine the jurisdiction of commencement of litigation in Courts...




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Shipping - London Arbitration 9/13

Synopsis Pursuant to a contract of sale (the “Contract”) the respondent seller (the “Seller”) agreed to build and sell to the claimant buyer (the “Buyer”) a 9,400 dwt chemical tanker, the Delivery Date (as defined...




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Beware of transfer duty on deposits forfeited in property transactions

Buyers of immovable property must think very carefully before paying deposits. If for some reason the sale is cancelled, the purchaser remains liable for transfer duty on the deposit that is forfeited to the seller (in terms of section 5(2)(a) of th...




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Shipping: Laporte v Commissioner of Police of the Metropolis

Laporte v Commissioner of Police of the Metropolis [2015] EWHC 371 (QB); [2015] 3 Costs L.R. 471 In this case, the Court considered the extent to which a refusal to engage with alternative dispute resolution ("ADR"), (in this case med...




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Shipping: Claim notification clauses

Reviewing the notification requirements in the InterClub Agreement in the wake of Ipsos S.A. v Dentsu Aegis Network Limited (previously Aegis Group plc) [2015] EWCH 1171 (Comm) The Background The recent decision in Ipsos S.A. v Dentsu Aegis Network ...




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Shipping: Supreme Court's decision in Zurich Insurance PLC UK Branch v International Energy Group Limited

The Supreme Court’s decision in Zurich Insurance PLC UK Branch v International Energy Group Limited provides some clarity to the position of Clubs who face long-tail work related illness claims where multiple employers or insurers were involve...




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Shipping: OW Bunker test case - guidance for Shipowners

(1) PST Energy 7 Shipping LLC and (2) Product Shipping and Trading S.A. v (1) OW Bunker Malta Limited and (2) ING Bank N.V. [2015] EWHC 2022 (Comm) In a well-publicised case, the High Court has ruled that shipowners are obliged to pay OW entities un...




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Shipping: Is a label enough? - the "Without Prejudice Rule"

In the recent case of ‘Avonwick Holdings Ltd v Webinvest Ltd and another’ [2014] EWCA Civ 1436, the Court considered whether or not correspondence marked “Without Prejudice and Subject to Contract” should be admitted in evid...




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Shipping: Calculation of damages following an anticipatory breach

Bunge SA v Nidera BV [2015] UKSC 43 This case was first brought to the attention of the Commercial Court in June 2013, when an appeal on the ruling of the first arbitral panel was sought by the Claimant, Bunge SA (“Bunge”). The matter at...




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Shipping: The application of the Athens Convention on claims for a contribution against Carriers

The Court of Appeal’s decision in The South West Strategic Health Authority v Bay Island Voyages [2015] EWCA Civ 708 provides guidance on the application of the Athens Convention 1974 in contribution claims against carriers. The Facts On 26 Au...




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Brexit: Implications for global shipping and sea trade

The buzzword for the post-Brexit landscape both in Europe and further afield is ‘uncertainty’. No-one really knows the long term effect that Brexit will have on local and global economies. However, as the dust settles following the ...




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Donald Tusk: "What the Economy Needs Is a Blitzkrieg"

Donald Tusk, the head of the European People's Party and the former president of the European Council, says the coronavirus crisis could spell the end for the EU. He urges Germany to show more solidarity with weaker countries and hopes to prevent Hungary from becoming a dictatorship.




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The Year of the Rat: How the Coronavirus Is Changing the World

Everything will be different after the COVID-19 pandemic. But how? Who will emerge as a winner amid all the changes sweeping the globe? Six economists, diplomats and pollsters share their prognoses for the post-coronavirus future.




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Corona: South Africans Fight for Their Right to Breathe

Each year, thousands of South Africans die from the consequences of coal-fired power generation. The respiratory disease COVID-19 is exacerbating the country's health crisis.




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Dawn of a New Era: A Paradigm Shift Accelerated by Coronavirus

Even before the arrival of COVID-19, humanity found itself stuck in several crises at once. The current shock delivered by the coronavirus could accelerate a paradigm shift that was already underway. It may result in a better and more sustainable world.




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Iceland’s Prime Minister Speaks about Her Country’s COVID-19 Success

Iceland has the coronavirus pandemic better under control than most other countries. In an interview, Prime Minister Katrín Jakobsdóttir explains the next important steps for her country.




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Corona: What Autopsies Can Reveal about COVID-19

Pathologists are eager to quickly conduct autopsies on as many COVID-19 victims as possible. They aim to determine who is at greatest risk from the virus and what damage it causes inside the body. Initial results are already available.




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What History Can Tell US about Today's Coronavirus Pandemic

In an interview, medical historian Frank Snowden discusses how the coronavirus pandemic mirrors past outbreaks and argues that we must quickly apply the lessons learned today in preparation for the next disease.




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Corona: Why Researchers Fear a Second Wave

Germany’s strict limitations on contact between people haven't conquered the virus - they have merely bought the country more time. Epidemiologists believe a second wave will come.




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Coronavirus Forces Aid Organizations To Improvize

International aid workers are having a tremendously difficult time doing their jobs due to all the travel bans around the world and other quarantine measures. In the face of the coronavirus, however, they are needed more than ever before.




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Italy Enters Chapter Two of the Corona Crisis

The number of coronavirus cases is slowly sinking in Italy, but the country is now facing the next phase of a serious crisis: how to kickstart an economy that has been at a standstill for weeks.




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Trouble in Paradise: The Problem of Alcohol in São Tomé and Príncipe

Alcohol consumption is a problem in many African countries. In the island nation of São Tomé and Príncipe, off Africa's western coast, many residents don't want to hear about, fearing it could damage the country's international image as burgeoning travel destination.




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The American Catastrophe: Coronavirus Strikes a Nation Unprepared

The first coronavirus infection in the United States was confirmed in Seattle 100 days ago. A team of DER SPIEGEL reporters has documented what has happened since, following a dozen people as they struggle to come to terms with the health catastrophe.




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COVID-19 Remedy?: High Hopes for Remdesivir in the Coronavirus Fight

When the coronavirus pandemic began, the pharmaceutical company Gilead pulled remdesivir out of its storeroom. The drug, which had proved to be ineffective against other illnesses, could have a future in the battle against COVID-19. But it's likely not a "game changer."




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Germans Split Over Lifting of Lockdown

A growing number of people in Germany are resisting lockdown measures imposed to contain the coronavirus. The rift between those who support the measures and those who are critical of them is growing.




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Europe Launches Massive Campaign to Fund Coronavirus Vaccine

On Monday, European Commission President Ursula von der Leyen and a number of world leaders are launching a massive fundraising endeavor to raise money for tests, medicines and a vaccine for the coronavirus. Only one major country is missing in the effort.




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Can the World Health Organization Meet the Challenge of the Pandemic?

The World Health Organization is the most important authority in the global battle against the coronavirus. But doubts about the WHO’s leadership are growing, and not just in Washington. Is Director General Tedros up to the task?




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Future of Our Global Economy: The Beginning of De-Globalization

The corona crisis is changing the global economy. Production security is growing more important than efficiency. Here is what that might look like.




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China Is Happy to Fill the Leadership Vacuum Left by the U.S.

In the global jostling amid the coronavirus crisis, Beijing is extending its influence while U.S. President Donald Trump continues to squander America's leadership role. The pandemic could mark the beginning of a new Chinese era.




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The Summer of Liberation: Germans Reflect on the Allies’ Arrival in Europe in 1945

After the Allies defeated Germany and ended World War II in Europe in summer 1945, peace finally prevailed on the Continent. The Germans were beaten, desperate and ashamed, but also ready to get back to normal life following the trauma. By DER SPIEGEL Staff




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Greek-Turkish Border: The Killing of Muhammad Gulzar

On March 4, Pakistan national Muhammad Gulzar was shot and killed at the Greek-Turkish border. Evidence overwhelmingly suggests that the bullet came from a Greek firearm. An investigation into the tragedy at the edge of Europe.




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Constructions Foundations newsletter - Summer 2019

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Coronavirus – impact on construction projects under English law – the UK

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Legal Eye: Ukrainian IPOs

Over the years, Poland has worked to position itself as a strategic partner to Ukraine and its gateway to the European Union. One of these initiatives appears to be paying dividends. The efforts of the Warsaw Stock Exchange (WSE) to attract new fore...




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Developments in UK Public M&A

Practice Statement No. 31: Implications for formal sale processes 1. Introduction On 7 July 2017, the UK Takeover Panel published Practice Statement No. 31, which sets out how the Panel Executive will apply certain aspects of Rules 2.4, 2.6, 21.2 an...




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HKEx publishes proposal on delisting companies

The Stock Exchange of Hong Kong (“SEHK”), wholly owned subsidiary of Hong Kong Exchanges and Clearing, has published a consultation paper last Friday 22 September 2017 which proposed changes to the Main Board Listing Rules (“MB Rules”) and the Rules...




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China Securitisation: Legal and Rating Developments

China’s securitisation has been developing rapidly. To date, China’s securitisation market is already the largest in Asia and second largest in the world. Our structured finance partner Kingsley Ong (who is also the Secretary-General of ...




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Developments in public M&A

Takeover Panel Public Consultation Paper (PCP) 2017/2: Statements of intention and related matters   1. Introduction On 19 September 2017, the Code Committee (the “Code Committee”) of the UK Takeover Panel (the “Panel”) ...




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SFC raids multiple small caps in Hong Kong's largest financial raid

In May 2017, David Webb, an activist investor and former director of the Hong Kong Exchange and Clearing Limited, issued a report titled "The Enigma Network: 50 stocks not to own". This report mapped out a complex web of cross-shareholdings between ...




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Conclusions on Joint Consultation on Listing Regulation

The Securities and Futures Commission (the “SFC”) and The Stock Exchange of Hong Kong Limited (the “Stock Exchange”) issued a joint consultation paper on proposed enhancements to the Stock Exchange’s decision-making and...




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Proposed revisions to the UK Corporate Governance Code

Introduciton On 5 December 2017, the Financial Reporting Council (FRC) published its proposals for a revised UK Corporate Governance Code. The Code is shorter, building on the FRC’s...




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The Reform of GEM

Earlier this year, the Stock Exchange of Hong Kong (the “Stock Exchange”) published a consultation paper on The Review of the Growth Enterprise Market (GEM) and Changes to the GEM and Main Board Listing Rules1 (the "Consultation Paper") ...




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New listing regime for emerging and innovative companies

The Stock Exchange of Hong Kong Limited (the “Stock Exchange”) is conducting further public consultation on the listing of companies from emerging and innovative sectors.  The consultation paper published on 23 February 2018 (the &l...




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Keeping the present for a little longer: the impact of the Brexit Withdrawal Agreement on financial institutions

On 19 March 2018, a draft Agreement on the withdrawal of the UK from the EU was published. The Agreement’s objective is to set out the arrangements for the withdrawal of the UK from the EU. Amongst these arrangements are the transitional provi...




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“Not a Dirty Word”: ESMA revisits the impact of its Opinion on delegation for UK managers if there is a “hard” Brexit

“Not a Dirty Word”: ESMA revisits the impact of its Opinion on delegation for UK managers if there is a “hard” Brexit In the wake of the draft Agreement on the withdrawal of the UK from the EU, a speech by Steven Maijoor, th...




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Changes to the IPO process

Introduction New rules in the Financial Conduct Authority’s (FCA) Conduct of Business Sourcebook (COBS) took effect on 1 July 2018, which will result in changes to the timing and events in the UK equity IPO process. The new rules were publishe...




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Update on the New Prospectus Regulation

Background The new Prospectus Regulation came into force on 20 July 2017 and is similar to the current Prospectus Directive (2003/71/EC) but there are some relaxations to the regime which will be helpful to traded companies and whilst the majority o...




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Impact of Brexit on the UK takeovers regime

Background There have been two key documents published which clarify the impact that Brexit will have on the UK takeovers regime. The draft Takeovers (Amendment) (EU Exit) Regulations 2019 (Takeovers Regulations) essentially remove all refere...




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HR e-briefing 200 - Tax incentives for employer-supported children

With increasing numbers of working parents comes a sharper focus on employer support for childcare arrangements.  On 6 April 2005, the Government is to introduce new tax incentives in relation to childcare arrangements which are intended t...