- Hong Kong unveils proposals for first cybersecurity lawon July 25, 2024 at 12:00 am
Proposed legislation Who is targeted? The Proposal seeks to regulate CI operators (“CIOs”) which are necessary for (a) the continuous delivery of essential services, or (b) maintaining important […]
- Balancing protected characteristics – religious belief v sexual orientationon July 25, 2024 at 12:00 am
The claimant was an evangelical Christian who applied for a job as a mental health support worker. The respondent was/is well known for its work with the LGBTQI+ community, particularly with […]
- Inadequately Reasoned Arbitral Award Not Enforced by Hong Kong Courton July 24, 2024 at 12:00 am
Background The Arbitration concerned a dispute surrounding three License Agreements (“Agreements”) entered into by A, as Licensor of educational services, with B, as Licensee. C and D were […]
- HKIAC releases updated 2024 administered arbitration ruleson July 23, 2024 at 12:00 am
Key amendments The key amendments introduced in the 2024 Rules broadly can be categorised into the following categories: Diversity in arbitrator appointments, information security and environmental […]
- CTA and Corporate Governance: A Quick Guide for Situations Where CTA Comes into Playon July 22, 2024 at 12:00 am
The Corporate Transparency Act (“CTA”) was enacted by The U.S. Congress in January 2021 as a way to protect the United States financial system from being used for money laundering and other […]
- Comments from HK LegCo members regarding the Security of Payment Billon July 22, 2024 at 12:00 am
On 21 June 2024, the Hong Kong LegCo Bills Committee which is considering the Construction Industry Security of Payment Bill (“Bill”) held a meeting to discuss various policy concerns of the […]
- RTI Ltd v MUR Shipping BV: certainty v commercialityon July 22, 2024 at 12:00 am
This article contains links which are only accessible by PLC subscribers. The question of what a “reasonable endeavours” obligation might require a party to do in the context of a force majeure […]
- The King’s Speech: hints at the planning reform to comeon July 19, 2024 at 12:00 am
Infrastructure The King’s Speech promised planning reform to deliver high quality infrastructure. What is Great British Energy and will it make a difference? A commitment to infrastructure […]
- Navigating the FemTech regulatory landscape: best practice & future developmentson July 19, 2024 at 12:00 am
The stakes are high for FemTech – as Benjamin Franklin noted: ‘it takes many good deeds to build a good reputation and only one bad one to lose it.’ As technology continues to outpace […]
- EHRC draft technical guidance – clear messaging on sexual harassmenton July 18, 2024 at 12:00 am
We have covered previously the new sexual harassment legislation, the Worker Protection Act 2023, coming into force on 26 October. The Act introduces a positive/proactive duty on the part of […]
- Courts at the Forefront of Innovationon July 17, 2024 at 12:00 am
- Confronting Corruption In The Construction Industryon July 17, 2024 at 12:00 am
- Corruption in Sporton July 17, 2024 at 12:00 am
- Novel Solutions Needed to Succeed in Fraud and Corruption Claimson July 17, 2024 at 12:00 am
- Webinar on demand: Corporate Hospitality- Avoiding The Corruption Trapon July 17, 2024 at 12:00 am
- Digital Speaks: When use of sports technology goes wrong – VAR and other technologieson July 12, 2024 at 12:00 am
Ahead of Euro 2024 final on Sunday, in the third blog in our series focusing on the tournament, and as promised in our last edition we turn our attention to the use of VAR in the competition. Already […]
- Vendor Due Diligence and criminal liability of the acquiring companyon July 11, 2024 at 12:00 am
The acquiring company, whatever its form, may be held criminally liable for acts committed by the acquired company prior to the merger. In a judgment of 22 May 2024, published in the Bulletin and in […]
- Chevron Overruledon July 11, 2024 at 12:00 am
In a 6-3 decision, the Supreme Court overruled its long-standing Chevron doctrine and delivered a blow to federal agencies’ regulatory authority by vesting statutory interpretation in the […]
- HK Court overrules arbitrator’s decision in jurisdictional challengeon July 10, 2024 at 12:00 am
Background The dispute arose out of a Loan Agreement, where DDD was the Lender, and AAA, BBB and CCC respectively were the Borrower, Guarantor 1, and Guarantor 2. In the underlying arbitration, the […]
- Digital Speaks: Technology takes centre stage at UEFA Euros 2024on July 10, 2024 at 12:00 am
Background VAR has been mired in controversy since its introduction, with initial debates centring on concerns about its disruption to the natural flow of the game and negatively impacting upon the […]
- Gone but not forgotten: New FinCEN guidance on CTA reporting requirements for companies that cease…on July 9, 2024 at 12:00 am
On July 8, 2024, the Financial Crimes Enforcement Network (FinCEN) published an updated set of Frequently Asked Questions (FAQs) pertaining to the Beneficial Ownership Information (BOI) Reporting […]
- Hong Kong Privacy Commission publishes personal data protection framework for AI userson July 9, 2024 at 12:00 am
With the launch of OpenAI’s ChatGPT in November 2022, one of the hot buzzwords is “artificial intelligence” (“AI”). Recently, more and more companies, especially small and medium-sized […]
- HK Court dismissed application to set aside arbitration awardon July 8, 2024 at 12:00 am
Background The arbitration involved a shareholder dispute of a company which owns and operates a mining and processing project. A Share Purchase Agreement was first entered into in 2013, and […]
- Settlement Showdown – have you really settled your claim?on July 8, 2024 at 12:00 am
The Proceedings In 2017, Mr Bin Obaid commenced proceedings, claiming that funds had been transferred by him to be invested in the English property market through a corporate vehicle, Oh-Na, pursuant […]
- Can a Starmer Government deliver meaningful planning reform?on July 5, 2024 at 12:00 am
Planning will be a priority. Government knows there is not a lot in the kitty and, with higher interest rates, borrowing to spend on new initiatives will be prohibitive. Loudly trumpeted policies and […]
- Hong Kong’s New Extension of Government Leases Ordinanceon July 3, 2024 at 12:00 am
Introduction The new Extension of Government Leases Ordinance (the “Ordinance”) will take effect this Friday, 5 July 2024. In consideration of the significant number of owners affected by the […]
- Labour’s proposed employment law reforms: our third and final weekly pre-election guideon July 3, 2024 at 12:00 am
What gap is there to report on? National ONS statistics show that, between 2012 and 2022, UK-born white employees earn more on average than most employees from ethnic minority groups. This is an […]
- HK High Court refuses leave to appeal against interim measureson July 2, 2024 at 12:00 am
Background Disputes arose between an employer and main contractor regarding amounts due for work done under a construction contract and issues of whether there had been breaches of the contract. […]
- Foreign illegality in fraud proceeds arising from underground currency exchange arrangementson July 2, 2024 at 12:00 am
The current prevalence and proliferation of social media and technology has opened up more and more avenues for fraudsters to use different methods to defraud their victims. Assuming that the […]
- CFTC’s Consent Order with Trafigura Tradingon July 2, 2024 at 12:00 am
On June 17, 2024, the CFTC filed a consent order against Trafigura Trading LLC, requiring the company to pay a $55 million civil monetary penalty and implement remedial measures.[1]The CFTC’s order […]
- Is Your Company Vulnerable to a Mass Arbitration Attack?on July 1, 2024 at 12:00 am
A recent trend in litigation has emerged that is causing companies to re-think conventional wisdom. Until now, it has been a widely adopted best practice for retailers and other consumer-facing […]
- UK Corporate Briefing July 2024on July 1, 2024 at 12:00 am
Listing Rules reform We await the final rules in respect of the Listing Reforms. These were originally due to be published at the end of June and come into force mid-July. However, an FCA […]
- HK court clarified and confirmed that orders for interim measures cannot be challenged using the…on June 28, 2024 at 12:00 am
The arbitration and the Interim order The arbitration arose out of a share purchase agreement entered into between G and N in October 2020, for N to allot and place additional shares in G (SPA). […]
- UK HR Two-Minute Monthly: June 2024on June 27, 2024 at 12:00 am
Protected philosophical belief, ECHR rights and specific workplaces This case, which attracted national media attention, highlights both the complexities of the area and raises interesting points on […]
- Analysing the CNIL’s latest recommendations for AI systemson June 27, 2024 at 12:00 am
Is legitimate interest an appropriate legal basis for processing personal data for ai development? The CNIL indicates that can be, but it will constitute a valid legal basis only if: The interest […]
- Labour’s Proposed Employment Law Reforms: Our Second Weekly Pre-election Guideon June 26, 2024 at 12:00 am
Current position Under UK law there are three categories of people who work – employees, workers, and self-employed contractors: Employees – have full statutory employment rights, including […]
- General Election 2024: how do the Planning manifestos compare?on June 26, 2024 at 12:00 am
In 1848 the Communist Manifesto kicked off with how a spectre was haunting Europe — the spectre of communism, and that the powers of old Europe were trying to exorcise it. The spectres haunting the […]
- The Hong Kong Court Dismisses Challenge to Remove Arbitrators on Ground of Apparent Biason June 26, 2024 at 12:00 am
Background This current application was subsequent to an earlier unsuccessful challenge that had been issued to the HKIAC against all three members of the Arbitral Tribunal. The third arbitrator had […]
- ESG continues to face courts in Franceon June 25, 2024 at 12:00 am
The CSDD Directive thus adopted goes well beyond the obligations under the French corporate law on duty of care: it widens the scope of the companies concerned and imposes heavy penalties. Its […]
- Digital Speaks: Euro 2024 and intellectual property – what’s in play?on June 25, 2024 at 12:00 am
The European Championship has kicked off, and in the first of our series of blogs with the Euro 2024 tournament as our focus, we are going to explore another side to the Euros: the intellectual […]
- Changes in the payment and adjudication processes regarding variations and time-related disputeson June 25, 2024 at 12:00 am
There are two aspects of the payment process and the adjudication process in the security of payment regime that have been subject of much debate. These two aspects concern how variation claims and […]
- HK court considered the proper scope of the court’s intervention against an arbitral tribunal’s…on June 25, 2024 at 12:00 am
BAckground Under the Arbitration Ordinance (AO), an award is not subject to review on the ground of an alleged error of law (unless Schedule 2 of the AO applies). However, under […]
- Adoption of the EU CSDDD (Corporate sustainability due diligence)on June 25, 2024 at 12:00 am
On 23 February 2022, the European Commission published a proposal for a directive on Corporate Sustainability Due Diligence (CSDD or CS3D). On 1 June 2023, the European Parliament adopted its […]
- Unauthorised transactions: Exclusive application of the PSP liability regimeon June 25, 2024 at 12:00 am
In a ruling dated 27 March 2024 (no. 22-21.200), the French Supreme Court (‘Cour de Cassation’) – citing European case law – held that a payment service provider can only be held liable for an […]
- Briefcase 2024 quarter 2: key real estate cases and updateson June 24, 2024 at 12:00 am
Patel and others v Spender and others “Thin end of the wedge” argument fends off application to modify covenant The applicants sought to modify a covenant against external alterations relying on […]
- The DMCCA: taking a closer look at the impact on subscription contractson June 24, 2024 at 12:00 am
Tackling so-called subscription traps The UK now has a standalone regime governing subscription contracts, prescribing: the information which is to be given or made available to a consumer […]
- Key developments and changes in comparison with the existing contractual security of payment regimeon June 24, 2024 at 12:00 am
The Pilot Programme and the Bill In 2021, Hong Kong took its first significant step towards the introduction of a security of payment regime. On 5 October 2021, the DevB published the Technical […]
- LegCo in-house lawyers request clarifications regarding the Security of Payment Billon June 24, 2024 at 12:00 am
On 19 June 2024, the Legal Service Division of the LegCo wrote a letter to the Development Bureau seeking to clarify certain matters in the Construction Industry Security of Payment Bill […]
- City of St. Louis making earnings and payroll tax refunds for work from home compensationon June 20, 2024 at 12:00 am
The Earnings Tax is imposed at a rate of one percent of the compensation paid to employees residing outside of the City for work performed inside of the City. Historically, the City provided […]
- Labour’s proposed employment law reforms: our first weekly pre-election guideon June 20, 2024 at 12:00 am
Qualifying periods Labour’s proposal to remove entirely qualifying periods for employment claims represents a major change. Over decades the qualifying period has changed between six months and two […]