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Legal market overview
Kenya’s economic growth has given the local legal market ample opportunity to demonstrate its sophistication and capabilities. Local law firms are building resources and areas of expertise, with individual practitioners also becoming increasingly specialised; many have trained internationally, especially in the UK, and standards are high.
Kenyan firms are also developing cross-border connections. Anjarwalla & Khanna, for instance, is part of the Africa Legal Network, an alliance of firms covering 12 jurisdictions. In addition, Iseme, Kamau & Maema Advocates is part of DLA Piper Africa, an alliance of law firms across the continent, and Coulson Harney Advocates is part of the Bowman Gilfillan Africa group established by South Africa’s Bowman Gilfillan.
While Kenyan firms have sought to be more active in cross-border matters, developments of note on a domestic level include the demerger of Hamilton Harrison & Mathews and Oraro & Company Advocates, which chose to separate only a few months after combining; the latter essentially returns to having a core focus on dispute resolution, thanks in part to the presence of the highly acclaimed George Oraro. Daly & Figgis Advocates is now known as Daly & Inamdar Advocates.
Legal Business: country analysis
Constructing continents – the clients and advisers targeting Africa’s booming infra market
With a huge infra deficit and investment flooding in, we assess the bellwether projects – and their advisers – defining Africa’s infrastructure market.
Click here to read the feature.
INSIGHT: Clause and Effect
The arbitration backing Africa’s investment boom
As foreign investment into Africa grows, so does the demand for dispute resolution. We team up with Simmons & Simmons to assess how clients can get the best out of that crunch arbitration clause.
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On July 28, 2016, the Ministry of Strategy and Finance (“MOSF”) announced the annual proposal to amend the tax law for 2017 (the “Proposal”). The Proposal was submitted to the National Assembly on 2 September 2016.- Lee & Ko
- Enforcement Decree to the Fair Retail Agency Transactions Act- Lee & Ko
The concept of a single continuous infringement (" SCI ") enables competition authorities to consider a series of agreements or conducts that have the same objective to distort competition in the market as one single continuous infringement. Similar to the approach in the European Union, the Turkish Competition Authority ( Authority ) also considers this concept while assessing a case under Article 4 of Law No 4054 on the Protection of Competition of 13 December 1994 ( Law No 4054 ), which is akin to-if not the same as-Article 101 of the Treaty on the Functioning of the European Union ( TFEU ).
Businesses seeking to structure cross-border transactions in ways that help them avoid paying tax are finding it more difficult as authorities worldwide step up information sharing. One such example is the Global Forum on Transparency and Exchange of Information for Tax Purposes, which is driven by the Organization for Economic Co-operation and Development and has 135 members. The cabinet recently approved Thailand's membership in the forum.
The Gas Market Model Ordinance plays a major role in the Austrian gas market, as it regulates network access and the capacity management and balancing system in Austria's three market areas: the east, Tyrol and Vorarlberg. read more...
Proposed Amendment to the Enforcement Decree of PIPA
New Zealand’s overseas investment regime has been in the media spotlight in recent times. While lobbying organisations and political parties closely scrutinise the decisions of the Overseas Investment Office ( OIO ), those in the investment community have raised concerns that the regime is overly burdensome and time consuming. Against this background, there have been a number of changes in process and regulation, with further changes in the pipeline, aimed at ensuring the regime is fit for purpose. This article provides a brief overview of the regime and then looks at some of the recent and impending developments.
One of the main advantages of arbitration vis-à-vis state court litigation, is that the parties are free to choose independent and highly specialised experts to decide their cases. Yet, if these experts negligently (or even deliberately) violate the duties that come with the acceptance of the appointment, the issue of liability arises. read more...
Nurlan Sholanov Partner, AEQUITAS Law Firm- AEQUITAS
This update discusses the recent case of Rals International Pte Ltd v Cassa di Risparmio di Parma e Piacenza SpA  SGCA 53 where the Singapore Court of Appeal upheld the decision of the High Court that the assignee’s claim based on a number of promissory notes did not fall within the scope of the arbitration agreement in the underlying Supply Agreement. The assignee of such notes was therefore free to litigate in the courts.
A testator who makes a gift during his lifetime may give rise to tax advantages. However, any gifts need to be taken into account when calculating the compulsory portion.
Montenegrin media outlets have recently reported that the initial phase of the tender for the pre-qualification procedure in awarding the concession for the Kotor-Lovćen-Cetinje cableway – announced on 3 August in the Official Gazette of Montenegro – will be open to interested parties until 5 October this year. The president of the Tender Commission, Daliborka Pejović, pointed out that seven potential concessionaires have so far shown great interest for submitting the required documentation in the pre-qualification stage.
Karanović & Nikolić is pleased to have advised on the recent public procurement case in which our client – the seller – provided the City of Belgrade with five new electric buses for the city's public transport system. The team that led the client throughout the process was represented by Marjan Poljak, Partner, and Ana Stanković, Senior Associate.
Recent news reports from Bosnia tell us that the BiH government, represented by the federal prime minister for economic issues and investments, Suvad Osmanagić, paid a visit to Bihać with Ludovico Camozzi, the president and owner of Camozzi – an Italian company that produces industrial automation machinery.
Ever since Serbia’s Stabilisation and Association Agreement with the EU (‘SAA’) entered into force in September 2013, Serbian media have paid significant attention to the country’s obligations concerning the acquisition of agricultural land by foreigners. The fear of one part of the public appears to be that, due to the application of the SAA, large portions of Serbian agricultural land will be sold out to foreigners.
This article was initially featured in CEE Legal Matters, June 2016 edition.
Claims arising from a D&O (Directors & Officers) insurance policy can be ceded to the employer. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, in its ruling of April 13, 2016 (Az.: IV ZR 304/13).
According to latest media reports, the governments of Serbia and Bulgaria have agreed on the formulation of a new memorandum for the task of building a gas pipeline between the two countries, during a recent meeting of the group for gas connections in Central and South East Europe that was held in Budapest.
An interesting news update has recently come up in the media, as the Serbian roads company "Putevi Srbije", and the Ministry of Construction, Transport, and Infrastructure – together with the representatives of the relevant institutions in Romania – announced that a contract on implementing a cross border project of building the Belgrade-Timisoara highway is due to be signed in the next two weeks.
Media reports are letting us know that the "Serbia - A Strategic Crossroads between Western and Eastern Europe," conference was held in Paris on 15 September, where the French companies were presented with the political and economic environment in Serbia, as well as with the ensuing investment opportunities and the possibility of financing economic projects.