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Here are select December 2012 rulings of the Supreme Court of the Philippines on commercial law:Corporations; liability of corporate officers. Settled is the rule that debts incurred by directors, officers, and employees acting as corporate agents are not their direct liability but of the corporation they represent, except if they contractually agree/stipulate or assume to be personally liable for the corporation’s debts, as in this case.  Ildefonso S. Crisologo vs ...

Shoosmiths LLP | February 2013

The Scottish Courts: The largest volume of litigation takes place in the Sheriff Courts located throughout Scotland, which are similar to the County Courts in England & Wales in that they typically handle disputes which are relatively straightforward and low value ...

Krogerus | January 2013

With a law enacted on 17 December 2012, the Finnish parliament moved forward on the longstanding plan to house intellectual property rights disputes in the Market Court. This legislative reform has a significant impact for all companies operating in Finland. The Market Court will start to hear these disputes in the autumn of 2013 ...

Shoosmiths LLP | December 2012

As we embark upon the season of goodwill, those wishing to embrace the Christmas cheer may wish to consider settlement of an ongoing commercial dispute bringing peace and goodwill to all - besides saving their business time and money in the process.Should you settle? Parties settle disputes for a variety of reasons ...

Wardynski & Partners | November 2012

A Polish company enters into a contract with a German company. Which country’s law will govern the contract? Monika Hartung: To start with, under Art. 3 of the Rome I Regulation (Regulation 593/2008 of 17 June 2008 on the law applicable to contractual obligations), the parties themselves may select the law governing the contract. The previous version of Poland’s Private International Law required the existence of a link, e.g ...

ALTIUS/Tiberghien | November 2012

FAQ on the Belgian Pre-Contractual Information in the Framework of Commercial Co-operation Agreements Act of 19 December 2005.Belgium has a specific legal regime protecting the economically weaker party in certain commercial partnership agreements (i.e. the Pre-Contractual Information in the Framework of Commercial Co-operation Agreements Act of 19 December 2005 – “the Act”) ...

Hunton Andrews Kurth LLP | October 2012

On Aug. 31, 2012, the United States Court of Appeals for the Second Circuit issued its decision in In re Charter Communications Inc., (2d Cir. Aug. 31, 2012), expressly adopting an abuse of discretion standard for reviewing equitable mootness determinations ...

Hunton Andrews Kurth LLP | October 2012

Over the course of 2012, on at least three occasions the Federal Circuit has found anticipation in a situation in which previously the invention would have merely been viewed as obvious:(1) where the prior art merely proposes the steps of the method, without knowledge of whether those method steps will achieve any result, much less the result claimed in the therapeutic method; (2) where the prior art discloses a broader range without providing a “pattern of preference” for a later-claimed narrow

Krogerus | September 2012

While arbitration offers an excellent means for parties to get their disputes settled faster than in traditional courts, how you draft the arbitration clause in a document is critically important for a positive outcome – should a dispute arise. Legal agreements often have a clause indicating that parties agree to settle any disputes arising from the arrangement in arbitration ...

Hunton Andrews Kurth LLP | August 2012

In Sir Arthur Conan Doyle’s short story Silver Blaze, Sherlock Holmes noticed that the guard dog for a famous racehorse did not bark on the night that the horse disappeared and its trainer was found murdered on the moor. 1. Holmes correctly deduced from this that the dog must have known the killer. 2 Inspector Gregory of Scotland Yard overlooked the same clue when  he earlier accused a stranger of the murder ...

Deacons | June 2012

On 20 June 2012, the Court of First Instance (in proceedings brought by the Securities and Futures Commission ("SFC")) ordered Hontex International Holdings Company Ltd ("Hontex") to make a repurchase offer to about 7,700 investors who had subscribed for Hontex shares in the initial public offering in December 2009 or purchased them in the secondary market during the 3 months after its shares were listed (by then the present action was taken by the SFC) ...

Deacons | April 2012

In a Judgment handed down on 28 March 2012, Mr. Justice Hartmann JA determined various questions relating to legal professional privilege. The case involved Citic Pacific ...

Asters | February 2012

Ukraine is a civil law country with the Constitution being a principal source of law. The main sources of civil and commercial law are acts promulgated by the legislative and executive branches of the state. International treaties ratified by Parliament become part of national law and prevail in a conflict with domestic law ...

Lavery Lawyers | January 2012

The honourable justice Louis-Paul Cullen of the Superior Court rendered a judgment on September 23, 2011 which dismissed a motion for authorization to exercise a class action instituted by Mr. Kerfalla Toure (hereinafter "Toure") against Brault & Martineau (hereinafter "B & M) . (1)  In order for a class action to be authorized by the Superior Court, the Code of Civil Procedure sets out the four conditions which must be fulfilled ...

Haynes and Boone | October 2011

The Federal Circuit recently resolved two issues of first impression as to how patent reexamination proceedings affect related patent infringement litigation. These two cases, Marine Polymer1 and Bettcher Industries,2 are likely to have a significant impact on both litigation and reexamination-proceeding practices, as well as the strategic interplay between them ...

MinterEllison | August 2011

A recent decision in the Full Federal Court has shown that while manufacturers are generally free to make goods according to a design that is not registered, care must be taken to ensure that those products are branded in a way that distinguishes them from the market leader ...

The past year has seen a significant rise in the uptake of mediation as an alternative means of dispute resolution and this is a trend which is likely to continue. Designed to resolve disputes to the (relative) satisfaction of both parties at an early stage, mediation uses an independent, specially trained third party mediator to facilitate private and confidential settlement discussions between parties ...

Asters | June 2011

INTRODUCTION TO DISPUTE RESOLUTION FRAMEWORK   Ukraine is a civil law country with the Constitution being a principal source of law. The main sources of civil and commercial law are acts promulgated by the legislative and executive branches of the state. International treaties ratified by Parliament become part of national law and prevail in a conflict with domestic law ...

Dykema | June 2011

Your employees may be using your business’s credit cards to make charges you haven’t authorized. And if you don’t discover it soon after the fact, you may be liable for those charges.   “A court’s rationale is pragmatic and straightforward ...

The situation is this: you represent a manufacturer in a tort dispute.  During discovery, plaintiffs notice a Rule 30(b)(6) deposition of your client’s representative, but elect to forgo the deposition in exchange for negligible admissions filed by your client.  Discovery has closed.  The trial date is looming ...

MinterEllison | February 2011

Alternative dispute resolution benefits the public no matter what the outcome Attorney-General Robert McClelland continues to pus alternative dispute resolution after launching the report A Strategic Framework for Access to Justice in the Federal Civil Justice System late last year. One of its main recommendations is to encourage Commonwealth agencies to use ADR ...

Shoosmiths LLP | February 2011

The majority of disputes are settled before trial, and an increasing number are settled before proceedings are issued. The Civil Procedure Rules that provide the framework for litigation in England and Wales encourage parties to consider alternative ways to resolve their differences. There are a variety of techniques that can be utilised to achieve an early and cost effective settlement. Collectively, these are known as ADR ...

Delphi | December 2010

A new version of the well-known International Chamber of Commerce (ICC) Incoterms® becomes effective on 1 January 2011. EXW, FCA, DDP, FOB and CIP – are some of the three-letter abbreviations of Incoterms® commonly found in sales and delivery agreements around the world ...

Shepherd and Wedderburn LLP | November 2010

The word litigation usually strikes fear into the hearts of the business community.  Litigation can be time-consuming and expensive.  Badly-managed litigation is a very painful experience indeed.  Managing litigation risk is therefore of huge importance for businesses.  But the challenge doesn’t start at the Court door ...

ALRUD Law Firm | August 2010

Dear Sirs, On August 2, 2010 the Federal Law “On the alterations to the Arbitrazh Procedural Code of the Russian Federation” (“The Law”) was published ...

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