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Striking the balance – when an offsets package is not enough
16 May 2013
Publication
A court in New South Wales, Australia, has overturned approval for a mine extension, a decision that challenges the decision making process by government and highlights the complex issues raised by mine activities and the “triple bottom line” approach...
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Russian Civil Code Reform: Spring Rolls (Russian)
14 May 2013
Publication
On 7 May, another set of amendments to the Russian Civil Code was signed into law . These amendments affect, inter alia, the general rules on transactions, the grounds on which a transaction may be challenged, and the rules governing powers of attorney. The amendments...
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Russian Civil Code Reform: Spring Rolls (English)
14 May 2013
Publication
On 7 May, another set of amendments to the Russian Civil Code was signed into law . These amendments affect, inter alia, the general rules on transactions, the grounds on which a transaction may be challenged, and the rules governing powers of attorney. The amendments...
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Trustees' taxing mistakes - Supreme Court applies a likeability test
10 May 2013
Publication
The rule in Hastings-Bass allowed the court to set aside decisions made by trustees if the decisions had unintended consequences, usually as to tax. This ability to remedy past mistakes was restricted by the Court of Appeal's seminal decision in Pitt v Holt,...
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Conciliation clause held too uncertain to be enforceable
10 May 2013
Publication
Marie Berard and Katharina Lewis are the authors of an article on conciliation clauses being held too uncertain to be enforceable.
Reproduced with permission from International Law Office. This article was first published on 14 February 2013.
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Courts refuse to restrain foreign proceedings in support of London arbitration
10 May 2013
Publication
Marie Berard and Katharina Lewis are the authors of an article on courts refusing to restrain foreign proceedings in support of London arbitration.
Reproduced with permission from International Law Office. This article was first published by International...
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Contentious Commentary May 2013
9 May 2013
Publication
The latest edition of "Contentious Commentary", a newsletter that provides a summary of recent developments in litigation. The newsletter is produced by lawyers in the litigation and dispute resolution practice at Clifford Chance.
This edition covers...
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Spotlight 'Unwirksame Vertragsstrafeversprechen für Zwischentermine'
8 May 2013
Publication
In den vergangenen Jahren hat die Rechtsprechung die Anforderungen an die
Wirksamkeit von Vertragsstraferegelungen in allgemeinen Geschäftsbedingungen
(AGB) stetig verschärft. Maßstab für die AGB-Kontrolle sind
gemäß §...
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U.S. Supreme Court To Review Exercise Of Jurisdiction Over A Multinational That Distributes Products In The United States Through A Subsidiary
25 April 2013
Publication
The U.S. Supreme Court has agreed to review a ruling from the U.S. Court of Appeals for the Ninth Circuit that expands the jurisdiction of U.S. courts over foreign corporations. DaimlerChrysler AG v. Bauman, No. 11-965, ___, 2013 WL 1704716 (U.S. Apr. 22,...
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Enforcement Against State Assets: France's Latest Contribution to the Argentinean Saga
25 April 2013
Publication
Three judgments handed down on 28 March 2013 by the French Cour de Cassation continue to restrict the ability of private creditors to enforce post-judgment measures against State assets