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Shipping: the Privy Council’s interpretation of permissive language in arbitration clauses

Anzen Limited & Another v Hermes One Limited In the case of Anzen Limited v Hermes One Limited [2016] UKPC 1, the Privy Council considered the use of permissive language in an arbitration clause.  Specifically, the Council considered what o...




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Shipping: BIMCO launch new LNG voyage charterparty

On 6 April 2016, BIMCO and the International Group of Liquified Natural Gas (“LNG”) Importers (“GIIGNL”) jointly issued a standard form voyage charterparty designed for use in the LNG trade. Its introduction is said to be spe...




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Are 261/2004 claims redundant? -impact of the Consumer Rights Act 2015

Following the outcome of a Government consultation paper, the full force of the Consumer Rights Act 2015 (CRA) will apply to the aviation sector as from the 1 October 2016. The result could lead to compensation being paid up to the price of the air ...




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O.W Bunkers (US update) ING Bank v MV TEMARA

As is common practice now, ING Bank (“ING”) filed a number of cases asserting rights to amounts due and payable to O.W Bunker & Trading A/S (“O.W Bunker) for the provision of bunkers of fuel oil to vessels.  These cases in...




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Interrupting the ticking clock in respect of a counterclaim

It has always been imperative that a claimant keeps at the forefront of its mind that time is ticking and that any claim it wishes to make must be brought in time. The respective time limit may be set out in statute, such as the Limitation Acts or o...




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Alstom Transport UK Limited v London Underground Limited: Automatic suspension lifted

On 27 June 2017, the court ordered the lifting of the automatic suspension in the case of Alstom Transport UK Limited v London Underground Limited [2017] EWHC 1521 (TCC). The resulting judgment includes some interesting comments on the correct test ...




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China's Belt and Road Initiative: Investing in key Belt and Road countries

The Belt and Road Initiative (BRI) is a multi-trillion Chinese led initiative to strengthen trade routes and related infrastructure across over 150 countries worldwide. The initiative covers over 60% of the world’s population in terms of ...




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Highways England starts its market and supply chain engagement for two major transport projects under the new PF2 approach

Highways England are moving forward with the A303 Stonehenge project (A303) and the Lower Thames crossing (LTC) and will be starting their market and supply chain engagement in March 2018. These projects are two of the largest in Highway England's R...




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Tunisia: The Prime Minister launches strategic pipeline of over 30 new large-scale PPP projects at International Investor Forum

Following close consultation with IFI's including the IFC, World Bank and EBRD, Tunisia has launched a review process to aid with the structuring and implementation of new PPP projects. Eversheds Sutherland was privileged to have been spec...




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Rail Network Enhancements Pipeline Update (Autumn 2019) - Government provides update on rail enhancement projects seeking DfT funding

Background On 16 October 2019 the Department for Transport (“DfT”) issued its “Rail Network Enhancements Pipeline Update” for Autumn 2019 (the “Enhancements Pipeline Update”). A copy of the Enhancements Pipeline U...




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Korea-United States Journalists Exchange

The East-West Center announces the 2020 Korea-United States Journalists Exchange scheduled for August 23 - September 2, 2020. This 14th Exchange will focus on relations between North and South Korea, the US and ROK, and South Korea and its neighbors. The program aims to give both Korean and US journalists a clear understanding of how the Trump and Moon administrations are managing their alliance relationship despite the tensions regarding Washington’s request that South Korea increases its financial support for US troops stationed there. Additionally, due to the lack of progress in US-North Korea negotiations, the North-South Korea dialogue has been set back; North Korea refuses to progress further with the South until there is more headway in US-NK talks.




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Shining a light on what “necessity” means for GDPR & tightening up “contract” as a lawful processing ground in the context of “online services”

The European Data Protection Board (EDPB) has published a set of guidelines (in draft) for public consultation. These will be absolutely key to providers of online services, such as social media, e-commerce, internet search engines, communication an...




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ICO updates guidance on ‘manifestly unfounded’ and ‘excessive’ in the context of responding to individuals’ rights

What you need to know UK regulatory guidance has been updated to explain what ‘manifestly unfounded’ and ‘excessive’ means in relation to the individual rights of data subjects under GDPR. This includes but is not limited to ...




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Decision of the Higher Regional Court of Frankfurt am Main on bundling of consents in sweepstakes

In its decision of 27. June 2019 (Ref. 6 U 6/19), the Higher Regional Court of Frankfurt am Main ruled that participation in a sweepstakes can be made dependent on participants giving their consent to receive future marketing via e-mail or calls. In...




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ICO in action: Ban on unsolicited marketing calls to members of pension schemes

This speed read follows on from our briefing in November 2018 in which we explained that the government had proposed a change in law to implement a ban specific to pensions related cold calling.  At that time it was estimated that 10.9 million ...




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ICO launches consultation on its application for POCA enforcement powers

The Information Commissioner’s Office (“ICO”) has asked to be given the ability to exercise various powers (and gain access to investigation) under the Proceeds of Crime Act 2002 (“POCA”), and has opened a consultation ...




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New regulations permit the Central Bank of Ireland to limit the rights of data subjects under the GDPR

Precis: In this briefing, we look at the new regulations permitting the Central Bank of Ireland to limit the rights of individuals under the GDPR. On 30 October 2019 the Data Protection Act 2018 (section 60(6)) (Central Bank of Ireland) Regulations ...




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Coronavirus – Data Protection considerations for alternative communication platforms – Global

How does the communication within a team take place in the home office? Due to the increasing intensity of preventive measures against the spread of corona, more and more companies are closing down their locations and, where possible, relocating bus...




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Punjab Police Sub Inspector and ASI Jobs 2019 PPSC Apply Online

SUB INSPECTOR (BS-14) (OPEN MERIT) 432 POSTS ON REGULAR BASIS Punjab Police has announced Sub Inspector and Assistant Sub Inspector Jobs 2019




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Case C-260/17, Anodiki Services EPE: interpreting the scope of the “employment contracts” exemption under EU procurement legislation

Case C-260/17, Anodiki Services EPE1: interpreting the scope of the “employment contracts” exemption under EU procurement legislation Introduction The judgment relates to a request for a preliminary ruling made by Greece’s Council ...




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Case comment: Amey Highways Limited v West Sussex County Council

The recent High Court decision in Amey Highways Limited v West Sussex County Council has clarified that abandoning a procurement will not automatically extinguish pre-existing causes of action.  Breaches of the procurement regulations which res...




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Coronavirus - Impact on International Trade & overview of unilateral protectionist measures

Introduction Following the declaration by the World Health Organisation (WHO) on 30 January of a Public Health Emergency of International Concern (PHEIC) in response to the coronavirus crisis (please see our last briefing here), the vi...




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Coronavirus - Impact on International Trade & overview of unilateral protectionist measures

Introduction Following the declaration by the World Health Organisation (WHO) on 30 January of a Public Health Emergency of International Concern (PHEIC) in response to the coronavirus crisis (please see our last briefing here), the vi...




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Competition Tribunal adopts “structured methodological approach” to penalties

Introducing Hong Kong’s four-step fining framework… On 29 April 2020, Justice Godfrey Lam, President of the Competition Tribunal, handed down judgment in relation to the fines to be imposed on the parties in the W. Hing and Others case....




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Coronavirus - Consumer cancellation and refund guidelines - UK

  On 30 April 2020, the Competition and Markets Authority (“CMA”) released a statement on consumer protection law in relation to cancellations and refund complaints. The coronavirus outbreak has seen a significant increase in consum...




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Coronavirus - Communication on relaxation of competition law - Italy

Introduction The coronavirus has forced antitrust authorities both at EU and national level to adopt an exceptional approach on competition rules. At an EU level, on 8 April the European Commission approved specific guidance to guide companies in t...




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Service of contractual notices under financial contracts

Generally speaking, where a contract sets down requirements for the service of notices under it, parties should comply with these strictly. A notice that fails to comply will be invalid. This has been established in a number of cases including the...




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Banks owe no duty of care to an applicant of an injunction order

The position of banks being served with a Mareva injunction order has been clarified in Hong Kong. In the recent case of Grasberg Capital Asia Limited v Bank of Communications Limited (HCA 2016/784)*, the Court considered the question of whether a b...




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Protecting your interests - A guide to taking security in 21 countries worldwide

Companies trade in an increasingly global market. Despite this, the process of taking security in support of financial obligations remains essentially a question of the national law in the country where the assets over which security is granted are ...




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A guide to taking security in 21 countries worldwide

Companies trade in an increasingly global market. Despite this, the process of taking security in support of financial obligations remains essentially a question of the national law in the country where the assets over which security is granted are ...




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Do Receivers have overreaching powers? - Stanley v a debtor (2019) (unreported)

Key Points A disposition by a receiver, whether appointed by the court or under a fixed charge, is not a disposition by a mortgagor for the purposes of s284 Insolvency Act 1986 (“IA”). The wider implications of the decision may be to lim...




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Coronavirus - Economic Stabilisation Fund - Germany

State recapitalisation aid to companies in the Covid 19 crisis 1. Overview | within a very short time, the German legislator passed a law to establish an Economic Stabilization Fund (ESF) | the aim is to stabilize the companies in the real economy a...




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Coronavirus - Government launches Future Fund for high-growth companies - UK

On 20th April, the UK Government announced a £500m “Future Fund”, as part of its package of measures to support businesses in response to the coronavirus.  What is the Future Fund? The Future Fund is being set up with the aim ...




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Coronavirus - Judicial comment on temporary ban on Statutory Demands and Winding-up Petitions... and opportunism! - UK

In Re Saint Benedict's Land Trust ...




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Afghanistan: The Ministry of Energy and Water (“Procuring Authority”) has launched a request for qualification (“RFQ”) for a 40 MW solar photovoltaic energy project in the Herat region ("Project")

Background The Procuring Authority has engaged the International Finance Corporation, acting through its Public Private Partnerships Transaction Advisory Services division, to act as lead transaction advisor in relation to the Project. The RFQ will ...




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KSA: The Renewable Energy Project Development Office (“REPDO”) invites interested developers to pre-qualify for the third round of the Kingdom of Saudi Arabia’s National Renewable Energy Program (“NREP”)

Background On 9 January 2020, REPDO invited developers to prequalify via a request for qualifications (“RfQ”) for the third round of the NREP in the Kingdom of Saudi Arabia. Third round of the NREP There will be four photovoltaic (&ldquo...




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Tunisia amends the 2016 auto-consumption regime in a step towards market deregulation

The Tunisian Government makes a huge step towards the deregulation of the renewable power market by amending the 2016 auto-consumption regime. The Decree 2020-105 has amended the 2016 auto-consumption regime legal framework. The 2016 regulation requ...




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Support around Covid-19 Challenges

Most of the questions we are receiving in the clean energy sector around Covid-19 relate to maintaining project continuity and the impact of Covid-19 on the work force, raising and defending Force Majeure and how best to approach discussions with f...




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UK, Contracts for Difference: COVID-19 may be eligible for Force Majeure relief, LCCC announces

The Low Carbon Contracts Company (“LCCC”), the counterparty for the UK’s Contracts for Difference (“CFD”) scheme, issued an advice note on 7 April 2020 confirming that COVID-19 is capable of constituting a Force Majeure...




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Federal Realty: 52 Years In A Row And Counting




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Bank Of Hawaii Has A Wide Moat But Little Opportunity To Reinvest




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The Incarnation of the Triune God A




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The Incarnation of the Triune God B




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Fundamental Attitudes for Spiritual Maturity, Part 1 A




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Fundamental Attitudes for Spiritual Maturity, Part 1 B




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Fundamental Attitudes for Spiritual Maturity, Part 2 A




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Fundamental Attitudes for Spiritual Maturity, Part 2 B




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Fundamental Attitudes for Spiritual Maturity, Part 3 A




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Fundamental Attitudes for Spiritual Maturity, Part 3 B




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Be Not Drunk with Wine, Part 1 A