To achieve this step in the process, set aside time to create a wide range of solutions that advance shared interest. This can be done before and during your negotiation or mediation. There are 4 major obstacles which inhibit consideration of options: Premature judgment Hinders imagination and possibilities ...
We often hear it said that neither party is happy with a settlement. If parties strive for a win-win approach, it is possible for both to find the settlement to be a win. To do this, give them a stake in the outcome by making sure they participate in the process. Remember an Agreement is easier if both sides feel they contributed to the solution ...
It often happens that one party appears to have greater bargaining power than the other. They may be bigger, have more money, have a history of fighting and you may feel overwhelmed. How to handle an imbalance in power in negotiations is an important consideration in taking control and working toward a resolution. Factors to evaluate are: Best Alternative to a Negotiated Agreement (BANTA) ...
It is fair to say that we are in an era of unprecedented multilateralism and convergence in tax matters. The Bahamas has already committed to the implementation of the Common Reporting Standard, having already signed onto the Multilateral Competent Authority Agreement and published its list of exchange partners with automatic exchanges that commence in September 2018 ...
My time is short, so let me get to my subject without delay.I begin with a few observations on the Reality we face.First, the bad news - not all of it, just some of it; just four things that I regard as being among the more worrisome realities that confront us today.Firstly, in terms of aggregate dollar volume, we are a much smaller industry now than we were just a few years ago ...
Not-for-profit Reforesting Scotland’s "Thousand Huts" campaign has spearheaded the regrowth of the hutting community, previously almost entirely eradicated by increasingly strict building regulations. The new Building (Miscellaneous Amendments) (Scotland) Regulations 2017 sets out the framework for ecologically sustainable hut development. What is a Hut? A hut must be a single storey building used as recreational accommodation ...
In its green paper on corporate governance reform, the Government sought views on measures designed to address "a widespread perception that executive pay has become increasingly disconnected from both the pay of ordinary working people and the underlying long-term performance of companies" ...
Over the past few months, our Legal Lab on Artificial Intelligence (L3AI) team has tested a number of legal solutions that incorporate AI to a greater or lesser extent. According to the authors Remus and Levy1, most of these tools will have a moderate potential impact on the legal practice. Among the solutions tested by the members of our laboratory, certain functionalities in particular drew our attention ...
The beginning of 2018 has brought certain amendments in the field of construction and infrastructure projects in Romania, by means of a new enactment which shivered the contractors' professional life who were used to the FIDIC provisions until this moment. The Government Decision no. 1/10.01.2018 (the “GD no ...
Lawyers are often criticised for using overly complex legal and technical wording in contracts. The purpose of a contract is, amongst other things, to clearly set out the rights and obligations of the contracting parties, and to limit uncertainty during the particular project. To this end, it is important to use plain English in contract drafting and as a general rule, to use short sentences, defined terms and a clear and logical structure ...
Months into the United States’ trade dispute with China, and there is no end in sight to the dispute. There are three significant deadlines for U.S. importers to consider involving the tariffs the U.S ...
Morgan & Morgan opened its first offices in The Bahamas since 1991. We created MMG (Bahamas) Ltd. as a corporate service and later on, in 1996, founded MMG Bank & Trust Ltd., which started our financial unit´s successful path into the financial service industry ...
Regular readers will recall our recent ENSight1 where we reported that a draft agreement had been published which, to a degree, addressed the uncertainty trade mark owners are facing about the impact of Brexit on their trade mark rights. We said that while it had been agreed that Brexit will be implemented in a manner that preserves trade mark rights, discussions on the charges and administrative procedures for the creation of a corresponding UK right were ongoing ...
Every minute of every day, 100 bottles of Scotch whisky make their way to South Africa. The lengths we have to go to get your attention! But this is a fact, and it can be found on the website of the Scotch Whisky Association (“SWA”). If you’re a Scotch drinker, this news will make you very happy, as will the news that the SWA has managed to get the term Scotch Whisky registered as a certification mark in South Africa ...
The legal framework in Mauritius is constantly evolving to keep pace with the rapidly changing economic environment. With the enactment of the latest Finance (Miscellaneous Provisions) Act, 2018 (the “Act”) on 9 August 2018, the government approved amendments to some 68 Acts, with regulations to follow shortly ...
The South African government is determined to ensure that in the country, as in a number of other countries, tobacco products are sold with little or no branding. Yes, the issue of tobacco plain packaging may have gone away for a while, but it is now clearly back on the agenda. The recent publication of the Draft Control of Tobacco Products and Electronic Delivery Systems Bill, 2018 makes that very clear ...
The trade marks Mango and Yango won’t be confused, even if they are used for the same products, so said the hearing officer in a recent trade mark opposition in the UK. On the face of it, this may seem like a strange decision. After all, Mango is a pretty strong and distinctive trade mark. As for Yango, well, that surely looks and sounds pretty similar to Mango? Well...yes and no ...
Over the last few years, news that some of the nation's most iconic retail stores have closed has become more frequent. Yesterday, Poundworld entered administration. Last week, House of Fraser announced it would be closing 31 stores, many of which are in some the UK's largest cities. It is no secret that many retailers have been adversely affected by the shopping habits of consumers, ever since the advent of a new pastime - buying online ...
Earlier this year, the Supreme Court issued its opinion in the matter of Lucia v. SEC, 585 U.S. (2018), which held that administrative law judges of the U.S. Securities and Exchange Commission (SEC) are considered Inferior Officers of the United States, therefore subject to the Appointments Clause (Article II, Sec. 2) of the U.S. Constitution. The Supreme Court ruled in favor of Mr ...
In the recent budget exercise completed by the Bahamas Government, certain significant changes to the regime for Real Property Tax in The Bahamas were announced and have received a great deal of focus.It is important to take specific advice regarding the annual real property taxes which may be payable in respect of your property, how and when taxes should be paid, and the exemptions (if any) which might be available to you in respect of your property ...
All employers who were required to publish a Gender Pay Gap Report1 for the financial year 2017-2018 have now done so. A report published by the UK Parliament’s Business, Energy and Industrial Strategy (BEIS) Committee2 has confirmed that 78% of organisations have gender pay gaps that favour men, and that the national gender pay gap median is around 18%. The picture is worse in certain sectors, where it was found that gender pay gaps of over 40% were “not uncommon” ...
