In the second part of this article, we look at the problems that can arise through the interpretation of evidence by the tribunal and look at ways to mitigate litigation risk by ensuring that the story of the case is presented as clearly as possible ...
The unquantifiable part of subjecting a dispute to the arbitration of a court is the litigation risk. We explore what those risks are and why it is essential that they should never be ignored. The cornerstones of any case should be clear, solid and documented evidence, a series of strong witnesses and in the ideal world and a juicy piece of case law (precedent) that ties it all together and gives the judge/panel a map to direct them to their decision ...
Net migration figures from the Office for National Statistics (ONS) for the year ending December 2022 show an increase on figures from the previous year. Taking a closer look into the categories of migration behind the net figures gives further insight as to why the target to reduce net migration figures are not being met. These figures show that total immigration into the United Kingdom for 2022 was in the region of 1.2 million with emigration counted at approximately 557,000 ...
Cadbury has lost a five-year legal battle with Swiss rival Nestlé. This week the Court of Appeal overturned a previous decision of the High Court that gave Cadbury an exclusive right to the famous purple colour it uses for its chocolate wrappers. Cadbury began marketing Dairy Milk in a pale mauve colour in 1905 but it wasn’t until 1920 that its full range of Dairy Milk became purple ...
Key Points In a rare move, the Ninth Circuit Court of Appeals published two opinions about subjects that are hardly ever discussed in the court's published National Environmental Policy Act (NEPA) decisions. For the first time in more than three decades, the court examined impacts to an old-growth redwood forest, and for the first time since 2016, the court examined indirect (downstream) carbon emissions. In Bair v ...
As we begin 2022, the renewable energy industry in the United States has much for which to be thankful: A strong demand for clean power, increasing recognition of the need for an accelerated energy transition, and a thriving, successful base of developers and contractors working toward this common goal ...
If all’s fair in love and war, and business is war, it must follow that all is fair in business. We should therefore not concern ourselves with fairness in our business dealings, but focus on maximising our personal gain, irrespective of the impact of our decisions on others. Adopting the above approach is not only likely to harm you but also your business. People are social beings and have evolved to reward cooperation and punish avarice. Take two individuals - Mr Smith and Mr Jones ...
The National Energy Commission (“NEC”) issued on May 29, 2020 the Exempt Resolution No. 176 (“NEC ER 176”) that determines the scope on the exclusive business purpose and separate accountings of energy distribution companies, for the provision of the energy distribution public service according to what was set in Law No. 21,194. The NEC ER 176 was published in the Official Gazette on June 9, 2020 ...
The UAE’s arbitration landscape continues to evolve and, as 2023 draws to a close, we summarise some of the more significant judgments issued by the UAE on-shore Courts in relation to arbitration this year. While the trend of the judgments reinforces the ‘arbitration-friendly’ approach of the UAE Courts of late, 2023 has not been without its outlier cases ...
Ahead of International Data Centre Day on 20 March 2024 we consider what we believe to be some of the most important trends that are likely to have an impact on the data centre industry over the next 12 months: 1 ...
On 26 November 2013 the Danish Government and the Government of Greenland handed over their scientific documentation for sovereignty over the continental shelf northeast of Greenland to the Commission on the Limits of the Continental Shelf (CLCS) and thereby submitted a claim for an area of approximately 62,000 square kilometres off the Greenlandic north coast between Greenland and Svalbard (Norway) ...
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 ...
The Planning etc (Scotland) Act 2006 has placed the National Planning Framework (NPF) – Scotland's national planning strategy - on a statutory footing, to be reviewed every four years. The NPF was published in 2004 to largely widespread approval from industry, political and community figures. The purpose of the NPF was to introduce the Scottish Executive's strategy for the "spatial development of Scotland until 2025" ...
On June 2, 2020, Resolution No. 36 was published in the Official Gazette, by means of which the National Mining Agency ("ANM") has changed Resolution No. 28/2020, which suspended the deadlines of certain procedural and material acts under its competence, due to the current COVID-19 pandemic ...
On January 25, 2019, the National Labor Relations Board (Board) returned to the common-law agency test for determining whether workers qualified as independent contractors. SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019) The decision expressly overrules the Board’s decision in FedEx Home Delivery, 361 NLRB 610 (2014), enf. denied 849 F.3d 1123 (D.C. Cir. 2017) ...
This paper was first published by the Rocky Mountain Mineral Law Foundation, Volume XXIII, Number 2, 2006. Chris Baldwin, Canada mining reporter for the Mineral Law Newsletter, is a partner and Megan Kaneen is an articled student with Lawson Lundell LLP In Vancouver, British Columbia; Behn Conroy and Laurel Petryk are associates with Lang Michener in Toronto, Ontario, and Vancouver, British Columbia, respectively ...
On May 06, 2020 the National Hydrocarbons Commission (“CNH) published in the Federal Official Gazette an administrative resolution declaring the extension of the suspension of all terms and proceedings before such authority until May 31, 2020. The above determination was made considering the sanitary emergency that Mexico and the world is facing in connection with the disease known as coronavirus or COVID-19 ...
On March 20, 2020 the National Hydrocarbons Commission (CNH) published in the Federal Official Gazette an administrative resolution declaring the suspension of all terms and proceedings before such authority from March 23 to April 19, 2020. As per the resolution issued by CNH, all terms applicable to administrative procedures before CNH shall be extended and will continue running on April 20, 2020 ...
The National Government, considering the economic, social and environmental emergency caused by COVID-19, has issued Decree 574 of 2020, aiming to conjure the effects of the emergency over the mining sector and to adopt measures that seek to guarantee the continuity of the power energy and gas public service provision. The National Government has identified the need to temporarily relief and suspend the compliance of certain legal and contractual obligation of some mining titles ...
Recent decisions of the Australian Competition Tribunal provide an opportunity to reflect on the efficiency and cost effectiveness of limited merits review under the National Electricity Law (NEL) ...
On June 9, 2021, the National Electric Coordinator (“CEN”) opened a public consultation process on a draft Internal Procedure (the "IP") that will provide the criteria applicable to the Open Access Regime established in Articles 79° and 80° of the General Law of Electric Services ("LGSE"), as a result of the entry into force of the Regulation on Transmission Systems and Transmission Planning (the "Regulation") ...
In recent years, NASA has spent millions, if not billions, of dollars developing what they call “US commercial crew space capabilities” – in ordinary terms they want to make it easier to access the International Space Station from Earth. In trying to achieve this aim they have entered into various commercial agreements under the National Aeronatics and Space Act, known as Space Act Agreements (SAAs), instead of using more traditional form commercial contracts ...
