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India Amends Copyright Procedural Rules
Kochhar & Co. Advocates & Legal Consultants, April 2021

The statutory framework for copyright in India encompasses the Copyright Act, 1957 (“CA”) and the Copyright Rules, 2013 (“CR”). This now stands amended in the form of Copyright (Amendment) Rules, 2021 (“CAR”) by the Central Government by virtue of powers conferred under section 78 of the CA. The Ministry of Commerce & Industry (Govt. of India) has duly notified this amendment[1] under Gazette notification bearing number G.S.R...

Shearn Delamore & Newsletters 2021
Shearn Delamore & Co., April 2021

Dear valued clients, colleagues and friends,We are pleased to bring you the March 2020 issue of our quarterly Newsletter, we hope that you will continue to find its contents of value to you.REAL ESTATE:PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah: Calculation of Liquidated Agreed Damages commences from the Date of Payment of Booking Fee. A case note by Alexis Yong Mey Ling...

New Rules of CAM Santiago Enter into Force
Carey, April 2021

On April 1st, 2021, the Domestic Arbitration New Rules (“ New Rules ”) of the Arbitration and Mediation Center of Santiago's Chamber of Commerce (“ CAM Santiago ”) came into force...

Focus on COP 26: Jargon Buster
Shoosmiths LLP, April 2021

It is only seven months until the eyes of the world fall on Glasgow as it hosts COP 26. The conference comes with some terminology which might be unfamiliar. This article is designed to bring you quickly up to speed with the words and phrases you’ll be hearing a lot about in the coming months. The very basics... COP – ‘Conference of the Parties’, the parties being the 197 signatories to the UNFCCC treaty...

Colossal Win for Google as SCOTUS Affirms ‘Fair Use’
Kochhar & Co. Advocates & Legal Consultants, April 2021

The protracted legal battle between software giant Oracle America Inc. (“Oracle”) and technology behemoth Google LLC (“Google”) has truly been one for the ages. The Supreme Court of the United States of America (“SCOTUS”) on 05 April 2021 delivered its judgment in the writ of Certiorari filed by Google against Oracle...

Delaware Issues Landmark Decision Supporting D&O Coverage for Fraud
Hunton Andrews Kurth LLP, April 2021

On March 3, 2021, the Delaware Supreme Court issued a landmark victory for policyholders in the insurance dispute concerning Dole Food Company, Inc. under a directors and officers liability policy, in RSUI Indem. Co. v. Murdock, et al., No. 154, 2020, 2021 WL 803867, at *1 (Del. Mar. 3, 2021). Dole’s dispute was with its eighth-layer excess insurer, RSUI Indemnity Company, which provided $10 million excess of $75 million...

Court of Appeal Judgement Provides Important Guidance on Interpretation of RAO
Shoosmiths LLP, April 2021

The Court of Appeal (CoA) has allowed a SIPP investor’s appeal in Adams v Options UK Personal Pensions LLP (2021) EWCA Civ 474 and provided important guidance on the interpretation of Article 25 and 53 of the Financial Services and Markets Act 2000 Regulated Activities Order 2001...

HKIAC 2020 Statistics
Deacons, April 2021

The HKIAC’s statistics for 2020 reveal that in 2020 the HKIAC received a record number of arbitration filings (the highest number received in over a decade) and the total amount in dispute in the arbitrations was another record high. Most hearings were fully or partially virtual, which is unsurprising given the pandemic outbreak last year. The following are some of the more notable statistics: 483 new cases were submitted to the HKIAC in 2020...

Arbitration (Amendment) Ordinance 2021 Comes into Effect 19 May 2021
Deacons, April 2021

In our previous article, we reported on the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between Mainland China and the HKSAR (Supplemental Arrangement) made on 27 November 2020, which made certain revisions to the Arrangement Concerning Mutual Enforcement of Arbitral Awards between Mainland China and the HKSAR, as follows: Recognition of arbitral awards -The Supplemental Arrangement clarified that the procedures set out in the Arrangement shall be in

England’s Court Rules in Favour of Contractor for Unpaid Retention
Deacons, April 2021

In DR Jones Yeovil Ltd v The Stepping Stone Group Ltd [2020] EWHC 2308 (TCC), England’s Technology and Construction Court ruled in favour of a contractor in its claim for unpaid retention under a JCT contract and dismissed the employer’s counterclaim for alleged defects. Certificates of Making Good were never issued and one of the questions before the court was whether that meant there could be no recovery of the balance of retention...

Court of Appeal Rules on Meaning of “Default” in Construction Contract
Deacons, April 2021

The appeal in ABC Electrification Ltd v Network Rail Infrastructure Ltd [2020] EWCA Civ 1645, concerned the proper construction of a Target Cost Contract based upon the standard Institute of Civil Engineers Conditions of Contract, Target Cost Version, First Edition (ICE Conditions) and subject to standard amendments commonly used in the rail industry, known as Network Rail 12 (N12 Amendments)...

Court Finds Flat Owner Liable for Water Leakage Caused by Alteration Works
Deacons, April 2021

In the recent case of Cheng Pan & Anor v Yau Lai Wah, HCA 376/2015, the Court held the Defendant liable for loss and damage caused by water leakage from his property into a neighbouring property, which resulted from the Defendant’s contractors carrying out works to pipes located in the Defendant’s property...

The National Security and Investment Bill: What Does it Mean for Real Estate?
Shoosmiths LLP, April 2021

The National Security and Investment Bill will allow government intervention in transactions raising national security concerns. It will require investors in UK real estate to consider whether the regime applies and factor in any timetabling implications. The Bill is currently being examined in the House of Lords. It will introduce an independent screening regime in the UK where a transaction gives rise to national security concerns...

Key changes to the LCIA and ICC Arbitration Rules
Shoosmiths LLP, April 2021

Two of the most prominent arbitral institutions globally, the London Court of International Arbitration and the International Chamber of Commerce, have recently updated their rules to modernise and streamline the way in which arbitrations are administered. The changes are designed to increase efficiency, flexibility and transparency and to embrace the growing use of technology in business today...

Preliminary Injunction Puts the Freeze on New Proposition 65 Lawsuits for Acrylamide in Food
Hanson Bridgett LLP, April 2021

Food producers can breathe a sigh of relief, at least temporarily, thanks to efforts by the California Chamber of Commerce resulting in a preliminary injunction barring the State of California and all private plaintiffs from filing any new Proposition 65 lawsuits targeting acrylamide in food and beverage products. On March 31, 2021, Chief United States District Judge for the Eastern District of California, Kimberly J...

United States Supreme Court Exempts Certain Technology from the TCPA
Dinsmore & Shohl LLP, April 2021

In Facebook v. Duguid, (Case No. 19-511) on April 1, 2021, the United States Supreme Court unanimously confirmed that equipment without the capacity to randomly or sequentially store or produce numbers is not an autodialer for TCPA purposes. The Facebook ruling focuses on text messages, which many institutions are using as a primary method of customer contact, but it is also a victory for those using predictive dialers and preview dialers without random and sequential source codes...

Supreme Court of Canada Finds Federal Act on Greenhouse Gas Pricing Constitutional
Lawson Lundell LLP, April 2021

In its highly anticipated judgment, the majority of the Supreme Court of Canada found the Greenhouse Gas Pollution Pricing Act constitutional in a split 6-3 decision. The key issue before the court was whether the Greenhouse Gas Pollution Pricing Act (“GGPPA”) was constitutional. The majority decided that it was, because Parliament has jurisdiction to enact this law as a matter of national concern...

FDA Continues to Referee the CBD Market
Dinsmore & Shohl LLP, April 2021

Those in the CBD sector should be mindful of their marketing tactics, as the FDA continues to police the industry. Manufacturers of CBD products must also evaluate their quality-control procedures to ensure safe products are hitting the marketplace. As we forecasted this past December in a previous legal alert, the U.S. Food and Drug Administration continues to referee the emerging cannabidiol (CBD) product market...

Chile Announces Stricter Quarantine Measures due to New Wave of Covid-19
Carey, April 2021

The Chilean Ministry of Health, through a press conference, announced on Thursday, April 1 st , that the following measures will be implemented as of Monday April 5 th : The country's borders will be closed during the mont

Michigan Open Meetings Act Compliance: (Nearly) Back to Business as Usual
Dykema, March 2021

As of today, March 31, 2021, no longer may public bodies take advantage of the “any reason” remote meeting provisions of the Open Meetings Act. When the Legislature extended the circumstances under which public bodies could meet remotely, it provided for limited circumstances after the “any reason” provision sunsets...

Arbitration Appeals - Admitted Error by the Tribunal
Shoosmiths LLP, March 2021

The grounds for appealing an arbitration award are limited.  Even when the tribunal admits that it has made a mistake that is not always enough.  So, when is an admitted error serious enough to permit an appeal? This was the question before the court in Doglemor Trade Ltd and others v Caledor Consulting Ltd and another [2020] EWHC 3342 (Comm). The Facts Mr Khabarov (majority owner of Caledor) was granted an option to purchase 30% of the share capital of Doglemor...

Strategic Land: Don’t get Fazed by Phasing!
Shoosmiths LLP, March 2021

Phasing is one of the key factors to consider and get right in planning for large scale, strategic development. A well-phased scheme divides the site into distinct parcels of land allowing reserved matters to be submitted and conditions discharged in relation to each parcel, individually, as it comes to be developed. It also allows planning obligations in section 106 Agreements to be apportioned between parcels and (in some cases) to be attached and limited to particular parcels...

DIFC Courts Issue First Judgement Summoning UAE Witnesses
Afridi & Angell, March 2021

The DIFC Court of First Instance has, for the first time in its history, issued a judgement allowing the examination of witnesses resident in the UAE pursuant to two requests for judicial assistance (Letters Rogatory) from the District Court of the State of Minnesota, USA (the US Court). The judgement, issued by Justice Robert French, clarifies the scope of Rules 30.65, 30.66 and 30.67 of the Rules of the DIFC Courts (the RDC)...

Onshore UAE Trusts Law – Refresher and Overview
Afridi & Angell, March 2021

UAE Federal Decree Law 19 of 2020 Regarding Trusts (the UAE Trusts Law) was issued in September of 2020. As there was no comparable law previously, the UAE Trusts Law opened the door to trusts in the UAE for the first time (not including DIFC and ADGM trusts, the UAE’s two financial free zones). This is a potentially significant development that holds great promise, although some key questions remain...

Building the Nation’s Trust – Connecting a Charity’s Work to its Purpose
Shoosmiths LLP, March 2021

The Charity Commission focuses on charities meeting “public expectation”, but they also need to remain true to their stated purpose, even when doing so may prove controversial. A report on our colonial past The National Trust has acted in accordance with its charitable objects. This shouldn’t be headline news, but it has been for the last six months...

 

 

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