In Secretariat Consulting Pte Ltd v A Company [2021] EWCA Civ 6, England’s Court of Appeal held that, depending on the terms of the retainer, the relationship between a provider of litigation support services/expert and his or her client, may have one of the characteristics of a fiduciary relationship, namely a duty of loyalty or, to put it another way, a duty to avoid conflicts of interest ...
The HKIAC recently published its “Average Costs and Duration Report”, which reveals some interesting statistics about the average cost and duration of arbitrations administered by the HKIAC under the HKIAC Administered Arbitration Rules (Rules). The statistics are derived from cases in which a final award was issued between 1 November 2013 and 31 May 2021 (Relevant Period) ...
In Septo Trading Inc v Tintrade Ltd [2021] EWCA Civ 718, the issue before England’s Court of Appeal was whether a quality certificate issued by an independent inspector at the load port was intended to be conclusive evidence of the quality of a consignment of fuel oil supplied under an international sale contract ...
In Secretariat Consulting Pte Ltd v A Company [2021] EWCA Civ 6, England’s Court of Appeal held that, depending on the terms of the retainer, the relationship between a provider of litigation support services/expert and his or her client, may have one of the characteristics of a fiduciary relationship, namely a duty of loyalty or, to put it another way, a duty to avoid conflicts of interest ...
Financial ServicesRuling of Shariah Advisory Council of Bank Negara Malaysia on QardAt its 213th meeting of the Shariah Advisory Council (“SAC”) of Bank Negara Malaysia, the SAC ruled that the method under Malaysian Financial Reporting Standard (“MFRS”) 17 Insurance Contracts and MFRS 9 Financial Instruments may be adopted to measure qard (interest free loan) for transactions between shareholders’ fund and takaful fund ...
The Finance Minister of India in the 2021-22 Union Budget had announced that the Government proposes to review 400 exemption notifications. The exemption on more than 150 items, currently exempted under Notifications Nos. 14/2006-Customs dated 01.03.2006, 26/2011-Customs dated 01.03.2011 and 50/2017-Customs dated 30.06.2017 could be axed. The Telecom, Information Technology, Wind Power, Textiles and Pharmaceuticals are a few of the affected sectors ...
Whether remote hearings are desirable for civil proofs is controversial, but this account of a substantial proof in the Commercial Court suggests it was a positive experience The purpose of this article is to report on a recent proof before answer hearing that was conducted fully remotely, and to set out some tentative thoughts on the future of remote hearings based on that experience. This is not intended to suggest that what was done should be followed in all hearings ...
BOT M8 LLC v. Sony Corporation, Appeal No. 2020-2218 (Fed. Cir. July 13, 2021) In this week’s Case of the Week, the Federal Circuit addressed the stringency of pleading requirements alleging patent infringement. At issue in the case was Bot M8 LLC’s lawsuit against Sony Corporation of America, alleging infringement of six patents relating to gaming machines ...
From a competition law standpoint, the regulation of sport presents a difficult conundrum. On the one hand, sports regulations may limit the ability of economic actors (including sportspeople) to win business through unrestricted competition. On the other hand, without such regulations, the essential core of the sport (and the business interests built around it) may be undermined ...
The parties to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) have agreed to formally commence an accession process with the UK. Ahead of the start of formal negotiations, the UK Government has set out its strategic approach to accession ...
In a move that will allow greater flexibility for traveling to the United States, the State Department recently announced National Interest Exceptions (NIEs) issued to foreign nationals in the last 12 months who are covered by COVID-related Presidential Proclamations (PPs) will now be valid for 12 months, rather than the previous 30-days. In addition, these NIEs will allow for the ability to use them for multiple entries during the new validity period ...
Directors have a fiduciary duty to their companies as they hold positions of trust and confidence and as a result, have an obligation to act in good faith and in the company’s best interests. Ghana’s new Companies Act (Act 992) introduces provisions concerning amongst others, the requirement for Directors to deal transparently while handling transactions, and their obligations when managing conflict-of-interest situations ...
On July 13, 2021, Ohio Lieutenant Governor John Husted announced the introduction of the Ohio Personal Privacy Act (OPPA), a comprehensive privacy framework following in the footsteps of recent legislative enactments in California (the CCPA as modified by the CPRA), Virginia (the CDPA), and Colorado (the Colorado Privacy Act) ...
When the lockdown was a fact in March 2020, Norwegian courts demonstrated a great willingness to keep the wheels of the Norwegian litigation system going by rapidly transitioning to conducting court hearings through video meetings, and by resolving a larger number of cases through written proceedings. The question going forward is whether experiences gained through the pandemic should change how civil procedures are conducted, and if so, what these changes should be ...
Starting around October 26, 2020, the Small Business Administrations (the “SBA”) asked Paycheck Protection Program (“PPP”) lenders to provide certain questionnaires to PPP borrowers with loans of $2 million or greater. There are two questionnaire forms on the Treasury: Form 3509 for for-profit borrowers and Form 3510 for non-profit borrowers ...
Chapter 53 of the Texas Property Code just received major updates for the first time in years. On June 15, 2021, Gov. Greg Abbott signed into law HB 2237. This bill makes many notable changes to Texas’s lien laws. The construction industry and construction lawyers should take note of these changes to the complex and often confusing world of mechanic’s, contractor’s, and materialman’s liens in Texas ...
On 10 June 2021, the Data Security Law (DSL), which will become effective as of 1 September 2021, was adopted in China. The enactment of the DSL marks the introduction of China’s first fundamental law in the field of data security, which, together with the Cybersecurity Law and the upcoming Personal Information Protection Law, will lay a legal foundation for safeguarding national data security, promoting data utilisation and mitigating the risks of data processing activities ...
On 2 July 2021, the Government gazetted the Securities and Futures (Amendment) Bill 2021 and the Limited Partnership Fund and Business Registration Legislation (Amendment) Bill 2021 (Bills). These new laws aim to open up new channels enabling foreign investment funds to be re-domiciled and registered in Hong Kong as open-ended fund companies (OFCs) or limited partnership funds (LPFs) ...
Since April 2021, over 278 cases of feline pancytopenia, approximately 130 of which have proved fatal, have been detected amongst the UK’s feline population. This has now led to a recall of various cat foods, affecting large and small retailers ...
The High Court has considered emergency response measures affecting the aviation sector. In two recent cases, aircraft lessors tried to enforce their lessees’ payment obligations, but were met with arguments that the leases had been frustrated. A contract is frustrated when an event arises after its formation and renders performance impossible, illegal or radically different from that which the parties had contemplated ...
The Departments of Health and Human Services (HHS), Labor, Treasury, and the Office of Personnel Management issued the first interim final rule with comment period, in what is likely to be a series of rules, aimed at ending surprise medical bills from out-of-network providers ...
The Multifamilly and Healthcare Facility divisions of HUD are a bit like two different dialects of the same language; both offer mortgage insurance under the Federal Housing Administration, but each has its own distinct rules and conventions on underwriting, closing and asset management. Being conversant in one dialect doesn’t necessarily equip you to get by in the other ...
Until now, hospital licensure was absent from Ohio’s regulatory scheme. However, Ohio’s final budget bill, which became effective on July 1, 2021, introduced a new hospital licensure system.[1] Under the final bill, Ohio hospitals have three years to become licensed by the Ohio Department of Health (the Department) ...
