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Arbitration Clauses – choose words carefully
Deacons, September 2021

The recent judgment in Kinli Civil Engineering Ltd v Geotech Engineering Ltd, HCA 2141/2020, is a reminder of the importance of choosing words carefully when drafting an arbitration clause, to ensure that it reflects the parties’ intentions as to how any disputes that may arise are to be resolved.      Background The proceedings were instituted by the Plaintiff (K) against the Defendant (G) for sums, said to be due under a contract between them (Contract)...

The drafts of the Operating Procedure for Electronic Market of the Auctions for the Transfer of Natural Gas Supply Volume and Transport Capacity (MECAP) and Operating Procedure for the Transfer of Information in the Natural Gas Market are published
Rodrigo, Elias & Medrano Abogados, September 2021

By Board Resolution Nº 368-2021-MINEM/DGH and Board Resolution Nº 369-2021-MINEM/DGH, published on September 21, 2021 in the Official Gazette “El Peruano”, the drafts of the “Operating Procedure for the electronic market of the auctions for the transfer of natural gas supply volume and/or transport capacity (MECAP)” (“MECAP Operating Procedure“) and of the “Operating Procedure for the Transfer of Information in the Natural Gas Market&rd

Existing Medical Marijuana Cultivators Permitted to Grow to Meet Patient Demand
Dinsmore & Shohl LLP, September 2021

The Ohio Department of Commerce (Department) recently announced licensed medical marijuana cultivators who are maxing out their grow area capacity will be permitted to apply for an expansion. Presently, there are 20 Level I cultivators capable of growing up to 25,000 square feet of medicinal marijuana, and 15 Level II cultivator licensees that are smaller in scale and permitted up to 3,000 square feet of grow capacity...

Planning for hydrogen - will the system be a help or a hindrance?
Shoosmiths LLP, September 2021

The UK government’s Hydrogen Strategy, published in August 2021, confirms that developing a thriving low carbon hydrogen sector in the UK is a key plank of the government’s plan to build back better with a cleaner, greener energy system...

Shearn Delamore & Co. Legal Updates September 2021 (1)
Shearn Delamore & Co., September 2021

Dear valued clients, colleagues and friends, We are pleased to bring you the latest legal updates for September 2021...

New Legislation Addresses Brown Act Teleconferencing Requirements
Hanson Bridgett LLP, September 2021

Key Points Assembly Bill (AB) 361 allows an agency to use teleconferencing for public meetings without requiring the teleconference location to be accessible to the public or a quorum of the members of the legislative body of the agency to participate from locations within the boundaries of the agency's jurisdiction during proclaimed state of emergencies...

Housing Law Shows its Teeth: Another Win for Objective Standards
Hanson Bridgett LLP, September 2021

Key Points California's First District Court of Appeal continued a recent pro-housing trend, reversing a City of San Mateo rejection of a multifamily housing development application. The court determined the denial was based on a subjective design guideline, therefore violating the Housing Accountability Act. Ambiguous guidelines may still be utilized in limited circumstances if there is a long-standing and consistent local government interpretation...

The Tax Proposals of the House Ways and Means Committee
Dykema, September 2021

On Monday, September 13, 2021, the House Ways and Means Committee released several markups of proposed legislation (the “House Tax Proposals”) intended to pay for various proposed spending initiatives. Importantly, the House Tax Proposals are not entirely consistent with the “General Explanations of the Administration’s Fiscal Year 2022 Revenue Proposals” (the “Green Book”) released by the U.S...

Hydrogen – Producing the Future?
Shoosmiths LLP, September 2021

On 17 August 2021, the UK Government presented its Hydrogen Strategy (the “Strategy”) to Parliament. The 120-page document set out the Government’s ambition to develop a thriving hydrogen sector in the UK and to place it at the forefront of hydrogen technology. What does it say and how might hydrogen feature in the future? Throughout this article, we will be referring to different colours of hydrogen (primarily blue and green)...

California Legislature Takes Aim at Brown Act Teleconferencing Requirements
Hanson Bridgett LLP, September 2021

Key Points The State Assembly and Senate have both passed AB 361 and AB 339, two bills aimed at addressing Brown Act teleconferencing requirements in the COVID-19 landscape. The Governor is expected to sign or veto the bills before October 1...

Administration Actions Regarding COVID-19 Protocols for Federal Contractors and Large Employers
Schwabe, Williamson & Wyatt, September 2021

Summary On September 9, 2021, President Biden issued orders that have the intent of requiring employers to mandate that their employees are vaccinated against COVID-19 or undergo regular testing and other restrictions...

Administration Actions Regarding COVID-19 Protocols for Federal Contractors and Large Employers
Schwabe, Williamson & Wyatt, September 2021

Summary On September 9, 2021, President Biden issued orders that have the intent of requiring employers to mandate that their employees are vaccinated against COVID-19 or undergo regular testing and other restrictions...

Ohio to License Home Health Care Agencies
Dinsmore & Shohl LLP, September 2021

Home health care is one of Ohio’s fastest-growing occupations. To date, the agencies providing skilled home health care, non-medical home health/personal care services, and non-agency providers of nonmedical home health/personal care services have been unlicensed in Ohio...

President Biden Announces OSHA Standards Requiring COVID-19 Vaccinations or Weekly Tests for Companies with 100+ Employees
Dinsmore & Shohl LLP, September 2021

President Joe Biden announced Thursday, Sept. 9, that in the coming weeks, companies with 100 or more employees will be required to ensure their employees are vaccinated against COVID-19 or test negative for COVID-19 at least once a week.[1] Additionally, employers must provide employees time off to get vaccinated and to recover from any side effects. Press Secretary Jen Psaki previewed the forthcoming requirements in her briefing to the press on Thursday...

National Treasury Set to Limit Assessed Tax Losses: Agricultural and Mining Sectors Among those Industries to Bear the Brunt
ENSafrica, September 2021

  The National Treasury (“NT”’) published its draft Taxation Laws Amendment Bill with accompanying Explanatory Memorandum on 28 July 2021 (the “draft Bill”). By now it is well known that the draft Bill contains a fairly radical proposal: section 20 of the Income Tax Act, 1962 (“the Act”) will be amended to limit the amount of an assessed tax loss that may be set-off against taxable income...

Prevent and Combat Money Laundering and Terrorist Financing in the Real Estate Sector
PLMJ, September 2021

Regulation 603/2021 was approved by the Governing Board of the Institute of Public Markets, Real Estate and Construction I.P. (“IMPIC”) and came into force on 5 July 2021. The aim of this regulation (“Regulation”) is to establish and regulate the procedures to be adopted in the fight against money laundering and terrorist financing in the real estate sector...

The Future of the Domestic Energy Supply Market
Shoosmiths LLP, September 2021

As consolidation in the domestic energy supply market continues, a new report has been commissioned by Shoosmiths and produced by Cornwall Insight. It considers what is driving the consolidation, whether this looks set to continue and the outlook for the market. Current situation At its peak in 2018, there were 62 suppliers of domestic energy in the UK market...

Border Closure for Foreigners is Extended until September 30
Carey, September 2021

Kindly note that Decree No. 221, of the Ministry of the Interior and Public Security, was published today, extending the validity of Supreme Decree No. 102, of 2020, of the Ministry of the Interior and Public Security, which provides for the temporary closure of places authorized for the entry and exit of foreigners, due to public health emergency of international importance given the outbreak of the new Coronavirus (2019-NCOV) , until September 30, 2021...

Thailand: Relief Measures for Member of the Public Affected by the Thai Government’s COVID-19 Lockdown Measures
DFDL, September 2021

On 20 July and 10 August 2021, the Thai cabinet passed new resolutions granting relief measures to members of the public living in red zones in 29 provinces (including Bangkok) who have been particularly affected by government lockdown measures aimed at containing and reducing cases of COVID-19 infection. These measures notably include providing financial support to employers and employees registered with the Social Security Office (“SSO”)...

Supreme Court to Resolve Circuit Split Over Whether District Courts Can Order Discovery in Aid of Private International Arbitration
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ This term the Supreme Court is set to resolve a circuit split over the extent of a federal district court’s power to order a person “who resides in or is found” in its district “to give testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal” pursuant to 28 U.S.C Section 1782(a)...

Dramatic Changes proposed to Norway’s Petroleum Tax Regime
Simonsen Vogt Wiig AS, September 2021

Last night, only days ahead of a general election the minority Government in Norway is likely not to win, a proposal for dramatic changes to the upstream petroleum tax regime. It was announced at 18.00 hours Oslo time in a hastily called press conference by the Minister of Finance Mr Sanner (Conservative) and the Minister of Petroleum and Energy Ms Bru (Conservative)...

Afghanistan 2021
TSMP Law Corporation, August 2021

The Taliban takeover of Afghanistan has set the country's women's rights back 20 years. This is why we should care. “All I could see around me were the fearful and scared faces of women and ugly faces of men who hate women, who do not like women to get educated, work and have freedom. Most devastating to me were the ones who looked happy and made fun of women.” – The Guardian, 15 August 2021...

An Introduction to the Government’s New Aquaculture Strategy
Simonsen Vogt Wiig AS, August 2021

The objectives in brief The Government would like to see the aquaculture industry grow, provided that it can do so in a sustainable manner. Statistics produced by the Directorate of Fisheries show that Norway produced and sold a total of just under 1.5 million tonnes of rainbow trout, trout and Atlantic salmon in 2020...

Don’t let confusion cost your business - UKCA Delay
Shoosmiths LLP, August 2021

The UK Government has announced that businesses will have a further year to start using the UKCA marking for goods placed on the GB market, extending the deadline to 1 January 2023. What is a UKCA mark? The UKCA (UK Conformity Assessed) marking is the new UK product marking that is used for certain goods that are placed on the GB market and covers most goods which previously required the EU CE marking, known as ‘new approach’ goods...

Levelling Up – A Compelling Case for CPO?
Shoosmiths LLP, August 2021

May 2021 saw the election of seven ‘Metro Mayors’ outside London, underlining the government’s renewed enthusiasm for devolving powers beyond Westminster as part of its ‘levelling up’ agenda. The powers of each Mayor and Combined Authority vary but a common thread is the use of devolved planning powers to accelerate housing delivery...



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