Tag Archives: International

Hall & Wilcox adds to international expertise with new European counsel

Leading independent business law firm, Hall & Wilcox, has boosted its international offering by appointing European counsel Dr Wolfgang Babeck as a consultant. Wolfgang will work closely with Partner and joint Head of International Oliver Jankowsky as co-head of the European Desk.

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Guide to regulation of inbound investment in Australia

Investments in Australia by foreign persons must be notified to the Foreign Investments Review Board (FIRB) where the proposal meets the relevant thresholds.

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Is a UK parent liable for the conduct of its foreign subsidiary?

In a landmark decision in Lungowe v Vedanta Resources Plc[1] the Court of Appeal has ruled that a number of claimants can pursue their claim against a Zambian mining company and its English parent in the English courts despite the claim’s limited connection to England. The decision has widened the scope of potential claims against a UK parent company to include claims by those affected by a subsidiary’s operations. The decision should be on the radar of UK companies with foreign operations.

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Living overseas doesn’t mean you aren’t domiciled in England

In a useful reminder for parties who might not otherwise consider themselves to be subject to English jurisdiction, in the recent case of Bestolov v Povarenkin, the High Court confirmed that, where a defendant is domiciled in England, the courts of this country have jurisdiction and moreover no discretion to decline jurisdiction.

The court held that the defendant was domiciled in England, although he was a Russian national who had always been resident in Russia, had a “family home” in Moscow, was tax domiciled in Russia, ran his business from Russia, spent about 200 days of the year in Russia and had no business assets in England.

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Getting Neymar moving: the legal framework of a soccer transfer

With Neymar’s world record move from Barcelona to PSG just one of a host of big-money soccer transfers this summer, Fladgate’s Alan Wetterhahn and James Earl explain the legal processes that make a deal happen.
The numbers are mind-boggling. And that was the case even before Paris Saint-Germain paid a world record fee of €222 million for the Brazilian superstar Neymar Jr. And it is so far so good for the forward, who has scored three goals in the two matches he has played for his new club.

Who said money can’t buy you love?

When any business pays for any asset – and, make no mistake, Neymar is an asset in many senses of the word – the paperwork is sure to follow and it is no different in football where the amounts involved are getting larger every year.

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Grip tight and hold on: latest trends in the construction of amusement rides

Quantitative risk assessment techniques are changing the way in which amusement rides are designed, inspected and operated.  Modern rides are becoming dependent on computer-based technology with control systems allowing rides to perform increasingly complex functions at very high speeds.  Passenger safety can depend on the correct operation of control systems and their failure could compromise safety.

Such developments mean that quantitative risk assessments are increasingly being applied to amusement rides.1  A quantitative risk assessment involves calculating the magnitude of a potential loss and the probability that such loss will occur.  An acceptable risk is only understood or tolerated where the cost or difficulty of implementing an effective countermeasure exceeds the expectation of loss.

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Chinese companies doing business in the U.S. build barriers to legal remedies

While an increasing number of Chinese companies are doing business in the U.S., China has nevertheless built a legal firewall around its financial services firms by refusing to acknowledge the jurisdiction of U.S. courts and regulatory agencies.

This makes it exceedingly difficult to serve Chinese companies in the U.S. with discovery, subpoenas and other documents seeking a reply. These challenges were spelled out in a May 5 report of the U.S.-China Economic and Security Review Commission, a government agency created by Congress in 2000 to oversee the national security implications of the two nations’ bilateral trade and economic relationship.

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The second hand digital market – US court rejects ‘First Sale’

Last year we reported on the European Court of Justice’s (ECJ) decision inOracle v UsedSoft (1), in which the court held that a licensee of computer software could legitimately sell it on a second hand basis, where the licence was akin to a ‘sale’ of the software.

We commented that, although the case was confined to software applications, it could have repercussions for the digital content industry if the principle that an effective sale meant the product could be resold on a used basis was applied more generally.  More…

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