Press releases and law firm thought leadership
This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.
If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or firstname.lastname@example.org
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Legal Developments Worldwide
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- Enforcement Decree to the Fair Retail Agency Transactions Act
On July 26, 2016, the Korea Fair Trade Commission (the “KFTC”) issued a public notice of draft legislation regarding its proposed Enforcement Decree to the Fair Retail Agency Transactions Act (the “draft Decree”). With the public notice/comment period (July 26, 2016 to September 4, 2016) now expired, the draft Decree awaits legislative review and proclamation, after which it will take effect as of December 23, 2016, together with the Fair Retail Agency Transactions Act (the “FRATA”).
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
On Gifts, Courtesies and Other Business Amenities
Kazakhstan is known as a hospitable and generous country. Indeed, there exist ancient cultural traditions thanks to which the country deserves such epithets. According to dictionaries, hospitality and generosity have such common features as a special kind of warm welcome that is associated with the ability to provide selfless assistance to others, often manifested in gifts. In turn, a gift is an item or a benefit which the "gift-giver voluntarily and gratuitously presents into full ownership in order to afford pleasure or use to the gift recipient". 
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.
This decision is of significance given the widespread use of promissory notes and other negotiable instruments, especially for our clients who are involved in international commercial and shipping transactions.
Please click here to read the article.
The Law regulating Financial Leasing and the activities of Financial Leasing Companies of 2016 (L.72 (I) / 2016) (the “Law”) came into force on April 28th, 2016.
Cyprus courts have jurisdiction to issue interim orders relating to the worldwide freezing or tracing of assets, whether in the context of main proceedings or in aid of foreign litigation or arbitration proceedings.
An overview of the new insolvency regime
The new framework consists of five pieces of legislation regulating both the bankruptcy of natural persons as well as corporate insolvency. At the same time, these legislative measures aim to promote a rescue culture to assist borrowers and businesses to restructure their debt obligations. Lastly, this legislation regulates the profession of insolvency practitioners.
As of September 1st 2016, a newly established special department, dedicated solely to white collar crimes, has commenced its work within the Hungarian Metropolitan Public Prosecution Office (Fővárosi Főügyészség). read more...
The CJEU already had the chance to rule on the legitimacy (under copyright law) of hyperlinks to copyrighted works in the Svensson (C-466/12) and Bestwater (C-348/13) cases. In both cases the court came to the conclusion that hyperlinks to copyrighted works freely available on another website are not "communications to the public" (ie a "new public") and therefore do not require the consent of the right holders. read more...