This is a web briefing for ACC session panelists regarding the growing impact of civil law-style concepts.
It is absolutely feasible for foreigners who are not residents in the country to organize companies in Costa Rica, whether they are Stock Companies or Limited Liability Companies.
"Endeavours" clauses, whether described as "all reasonable endeavours", "best endeavours" or "reasonable endeavours", have resisted a fixed definition in case law: their meanings are derived from the context of the relevant contract, rather than from decisions in previous cases. However, recent case law from Singapore and Australia has provided some general guidance on the interpretation of such clauses. This article examines these decisions and provides some practical tips for drafting such clauses.
In this briefing, you will find short, easy-to-follow guides to the main regulations which are changing the route to issuance and beyond. We hope you find it useful.
In 2002, with the enactment of the new Brazilian Civil Code, the Brazilian Commercial Code lost much of its relevance and content, since the rules that regulated business activity were largely incorporated into the new Civil Code. More importantly, the changes introduced by the Civil Code in corporate law brought uncertainty and changes to known concepts and rules. Due to the controversy this has generated, the Brazilian Congress has recently been discussing a new Commercial Code. This article discusses the latest version of the Code, which has been released for public consultation.
As we shall demonstrate in the first part of this chapter, there are many questions yet to be answered before private enforcement takes off in Brazil. Basic questions such as who, when, how and what may need to be clarified before plaintiffs feel comfortable initiating an extremely long and expensive recovery of damages. The second part of this chapter will report on the current status of the major private cases initiated in the past years. Finally, suggestions will be provided to address the lack of incentives to seek private antitrust enforcement in Brazil.
On 4 February 2014, the Singapore High Court, in The Titan Unity (No. 2), confirmed that a non-signatory to an arbitration agreement can be joined in an arbitration only with the consent of all the parties concerned. The decision is of interest, as it highlights the issue of joining non-signatories to an arbitration and consolidation of related arbitration proceedings.
These template website terms of use are intended for use on non-transactional, information-based websites. The terms of use are not intended for use on websites through which users can place orders for or buy goods, services or digital products. If the website permits User Generated Content (UGC), then additional "acceptable use" terms will be needed, for example, a user's undertaking that he/she will not post UGC that is defamatory, infringing or illegal, and details of the website operator's notice-and-take-action procedures.
This checklist is for use by licensees when reviewing a licensor's terms for the licence of commercially available packaged software. The checklist covers key issues that frequently arise in these types of licensing arrangements. However, it is not intended to be an exhaustive list and licensees should be careful to review all licence terms carefully. Agreements in respect of software that is to be developed or heavily configured specifically for the licensee are outside the scope of this checklist. In those circumstances, the contract is likely to (and should) contain additional detailed provisions relating to the ownership of intellectual property rights in the new software, acceptance, conformity with specification, delivery of bespoke elements and warranties. The checklist is written from a European perspective. For non-European software licences, users should ensure that they take into account relevant local law issues.
This template non-disclosure agreement is for use where only one party will be disclosing confidential information to the other.