This article provides an overview of a new law issued by NSW Fair Trading (of New South Wales) requiring businesses to make disclosures regarding terms that substantially prejudice the interests of consumers. Because of its similarity to requirements in the Australian Consumer Law, the article explains how the two regimes interact and how they should be approached.
This article provides an overview of two cases which highlight the importance of parties needing to negotiate in good faith. In particular, it notes that every right to negotiate process requires both parties to negotiate in good faith with the view of reaching an agreement about the relevant grand, regardless of there being a prior agreement about future grants.
This article explores the basics of the National Security Laws of both China and Hong Kong, as well as court cases which relate specific situations of doing business in Hong Kong because of the newly passed laws. It also provides recommendations for how businesses intending to invest in Hong Kong should conduct themselves so that they may continue to operate in Hong Kong.
The Coronavirus pandemic has seen a boost in popularity in alternative dispute resolution processes, which obviously face some technical and logistical challenges, but have also shown to aid in facilitating dispute resolution in a flexible and cost-effective measure. The article also provides sample contract clauses for parties to consider including as part of their process so that all of the guidelines are explicitly laid out.
Our job description as in-house counsel often includes common themes: (i) assisting our company in achieving its business goals and (ii) ensuring that our company does not take on undue risk. This Top Ten is designed to help you identify and evaluate these common risk exposures that arise in commercial contracts.
Until the end of 2020, it was possible for anyone to make use of the so-called commercial register blockage pursuant to the Swiss Commercial Register Ordinance (hereinafter "CRO") to prevent an unwanted entry into the commercial register for 10 days, without going to court. With a revision to this in January 2021, this Quick Overview will explain how the rule change results in higher hurdles for temporary prevention of commercial register entries.
This resource highlights the importance of settlement agreements (also known as separation agreements) and the need for using precise language and specific terms with regards to the conditions of contract and relevant laws when these agreements are drafted. The resource also uses the recent English case of Duchy Farm Kennels v Steels, [2020] EWHC 1208 (QB) to illustrate the key takeaways employers should bear in mind moving forward in the jurisdiction of Hong Kong.