In a recent case by the Swedish Supreme Court (Sw. Högsta domstolen) (T 4904-08), the burden of proof of payments made by the debtor in relation to a negotiable promissory note was placed on the creditor.Since the borrowers had not confirmed that the debt had not been paid, the transferees were not in good faith in relation to the payment of the debt ...
As of 1 August 2010, two new pieces of legislation governing payment services came into force; the payment Services Act (Sw. Lag (2010:751) om betaltjänster) and the Act on Unauthorised Transactions with Payment Instruments (Sw. Lag (2010:738) om obehöriga transaktioner med betalningsinstrument) ...
A new Consumer Credit Act (Sw. Konsumentkreditlagen (2010:1846)) came into effect on 1 January 2011. The Act implements the Consumer Credit Directive (Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC). The Directive’s purpose is to enhance consumer protection by addressing some of the indebtedness problems caused by text message loans (Sw ...
Until now, several of the provisions of the Credit Information Act (Sw. Kreditupplysningslagen (1973:1173)) that protects the integrity of individuals were not applicable when credit information was shared on the Internet. The reason for this was that such information was protected by the Fundamental Law on Freedom of Expression (Sw. Yttrandefrihetsgrundlagen (1991:1469)) ...
In a recent article we looked at some of the employment risks for customers associated with cloud computing. Following on from Cloud computing: Employment law implications, we now consider how best to assess the other risks associated with cloud computing ...
In a move that indicates significant regulatory changes may be coming to deepwater operations, federal authorities are eyeing new rules curtailing venting of natural gas in the Gulf of Mexico ...
In line with the national long term program to improve the mining and energy sectors to support the development of the country, as well as to ensure that the supply of energy and mineral resources to the domestic market can be met, the Government of Indonesia has been working hard to expedite the process to issue new regulations in the mining and energy sectors ...
This paper discusses electricity sector developments in Alberta and British Columbia that continue to break new ground particularly in view of the recent prominence of renewable energy, greenhouse gas (GHG) emissions issues and export market development initiatives for the export of electricity from clean or renewable sources.To read this paper, click here ...
On December 2, 2010, the Supreme Court of Canada dismissed leave to appeal from the Federal Court of Appeal's decision in Standing Buffalo Dakota First Nation v. Enbridge Pipelines Inc., 2009 FCA 308. Lawson Lundell acted for the Respondent, the Canadian Association of Petroleum Producers (CAPP), and took an active role in successfully defending the appeal proceedings.Standing Buffalo Dakota First Nation v. Enbridge Pipelines Inc ...
Due to the effects of the recent economic crisis, the need arose to make it easier for insolvent companies to continue their business through a restructuring. Up until now there has been the Bankruptcy Act (Konkursordnung – KO) alongside with the Composition Act (Ausgleichsordnung - AO) in Austria ...
On October 15, 2010, the Bureau of Ocean Energy Management, Regulation and Enforcement (“BOEMRE”) issued a final rule that makes mandatory and expands API RP 75, a voluntary industry standard initially promulgated in the 1990s, that addresses the management of safety and environmental risks associated with Outer Continental Shelf (“OCS”) operations and facilities ...
Rio Tinto Alcan Inc. and British Columbia Hydro and Power Authority v. Carrier Sekani Tribal Council, 2010 SCC 43 On October 28, 2010, the nine justices of Supreme Court of Canada issued a unanimous judgment in this appeal that confirmed the decision of the British Columbia Utilities Commission (the “Commission”) to accept the 2007 Electricity Purchase Agreement between BC Hydro and Rio Tinto Alcan Inc. for filing ...
Both British Columbia ("BC") and Alberta have long-held political cultures that nourish a sense of alienation from the traditional Canadian power centres in eastern Canada, which has in turned fostered strongly iconoclastic public policies on a range of issues. Coupled with significant differences in geography and geology, these iconoclastic tendencies have resulted in electricity polices that have in recent years dramatically diverged ...
On October 4, 2010, the British Columbia Oil and Gas Activities Act(1) (“OGAA”) came into force. The OGAA represents a significant change to the legal regime for oil and gas activities in British Columbia, and will have immediate consequences for conventional oil and gas producers, shale gas producers, and other operators of oil and gas facilities in the province ...
by M. Ann Bradley, as published in IOGA of West Virginia newsletter, October 2010 There appears to be an increasing trend among certain regulatory agencies to issue policies or guidance when a change in some regulated activity is needed or desired, rather than undertaking formal rule-making procedures to adopt such a change ...
Pressure for change is building in the water sector. The industry is one of the country's largest energy users (it takes a lot of power to move and clean water) and reducing that use is an important step in meeting climate related targets. Concerns about the affordability of charges for some customers are increasing whilst European legislation is driving environmental standards up, protecting our vital resources but demanding ever increasing spending to do it ...
IT projects: It’s a team game 28 September 2010 IT projects have a knack of over-running for significant periods, requiring ‘out-of-scope’ changes half way through, and consequently going over budget. Although any project will develop and evolve over time, such problems can be minimised through sensible project management methods. It is not uncommon for IT projects to last several months, if not years, from conception to completion ...
OBVIOUSLY, AS REGARDS THE MINING INDUSTRY, QUÉBEC WILL NOT BE THE ONLY JURISDICTION IN WHICH ACTION IS EXPECTED AFTER THE SUMMER BREAK. WHILE THE PARLIAMENTARY COMMISSION CONTINUES REVIEWING BILL 79 AMENDING THE MINING ACT (QUÉBEC)(1), OTTAWA IS NOT OUTDONE AS THE HOUSE OF COMONS MUST PROCEED WITH THE THIRD READING OF BILL C-300 (THE “BILL”) ENTITLED: CORPORATE ACCOUNTABILITY OF MINING, OIL AND GAS CORPORATIONS IN DEVELOPING COUNTRIES ACT ...
Getting the Deal Through - e-Commerce 2011 Getting the Deal Through published a fully revised and updated seventh edition of e-Commerce, a volume in GTDT's series of annual reports published by Law Business Research. This publication provides international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people ...
New Dominican Electricity Law Promotes Private Investment By Luis Pellerano In recent years, the Dominican Republic has enacted a wide variety of new laws intended to enhance foreign investment in the country. These include new tax, foreign investment and environmental statutes. Recently, the government enacted a new general law of electricity ...
Social networks: Hype and its legal consequences published in: WirtschaftsBlatt,Author: Dr. Axel Anderl, LL.m., Mag. Martina Schmid Social networking platforms like Facebook, MySpace or XING are an increasing popularity. It has never been so easy to operate social networking ...
Under Law No. 4 of 2009 on Mineral and Coal Mining in conjunction with Government Regulation No. 23 of 2010 on Mineral and Coal Mining Business Activities, for the national interest, the Government can control the production and export of coal. In this regard, the Minister of Energy and Mineral Resources (“MEMR”) has authority to determine the annual production of coal in each province. In connection with this authority, the MEMR issued Regulation No ...
With Carbon Capture and Storage (CCS) one of the discussion themes at ONS this week, the Norwegians will be looking to showcase their planned new CO2 capture plant at the Mongstad refinery. The initial pilot technology centre is expected to be in operation by 2011/12 and eventually the plant will have an annual capacity for handling 100,000 tonnes of carbon per annum ...
An almost universal feature of commercial loan agreements is the inclusion of representations and warranties regarding the financial statements and condition of the borrower. A recent case examined whether under New York law, sophisticated lenders can reasonably rely upon such representations in asserting claims of fraud instead of being required to make an independent investigation into the books and records of the Borrower. In DDJ Management LLC, et al v. Rhone Group L.L.C ...
