Creditors’ right to request the dissolution and winding up of a company in default
In its judgment on the 23 January 2023, the First Hall Civil Court (Commercial Section) (hereinafter the “Court”) presided by Mr. Justice Ian Spiteri Bailey delved into the salient features of a request made to the court for the dissolution and winding up of a company by a creditor or creditors of such company by …
Abuse of a dominant position: Attributability of distributors’ conduct to the supplier and exclusivity clauses in distribution contracts
On 19 January 2023, the Court of Justice of the European Union (the “CJEU”) delivered a ruling in the case of Unilever Italia Mkt. Operations Srl v Autorità Garante della Concorrenza e del Mercato (Case C-680/20) wherein it held that:
The regime for crypto-asset service providers under the Markets in Crypto-Assets Regulation
The Markets in Crypto-Assets Regulation (MiCA or the Regulation) will introduce the first European framework for crypto-assets. The regime covers three main types of crypto-assets, namely asset-referenced tokens (ARTs), e-money tokens (EMTs) and other crypto-assets (a catch-all category for tokens that are not ARTs or EMTs).
Revision of prices in Government Supply Contracts resulting from the war in Ukraine
The Department of Contracts (“DOC”) has published a second circular (the “Supply Guidelines”) which guides a contractor in filing a claim for compensation arising out of the Ukrainian conflict where the public contract in question has a supply element. It is important to note that the wording used by DOC’s Supply Guidelines is not limited to public …
Repeal of Companies Act (Public Companies – Annual General Meetings) Regulations
The Companies Act (Public Companies – Annual General Meetings) Regulations (the “Original Regulations”) were promulgated during the COVID-19 pandemic to (1) extend the period for holding of annual general meetings, and filing of audited accounts; and (2) authorise the holding of remote or virtual general meetings by certain public companies.
Juridical interest in the context of insurance claims
On the 22 June 2022, in the case of ‘A. Pace Balzan v Citadel Insurance p.l.c.’, the Court of Appeal in its inferior jurisdiction, presided over by Judge Lawrence Mintoff, delved into the concept of juridical interest in the context of an insurance claim.
Practical Advice on Unilateral Change of Position and Salary by Employer in China
After the execution of employment contract, employer may sometimes need to change an employee’s position and salary for various reasons. Such a change may be a “bilateral” one which means both the employer and the employee particularly agreed on the conditions of such an individual change, or it could be a “unilateral” one which means …
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Wolf Pack Activism vs. Poison Pill in Japan
On July 28, 2022, the Japan Supreme Court upheld the decision of the Tokyo High Court to halt the implementation of the shareholders’ rights plan (or poison pill) of Mitsuboshi[1] that was challenged by one of its shareholders, Adage Capital (“Adage”). It was the first court case in Japan where a listed company implemented a …
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A Commentary on the System of Calling for Third-Party Comments (From the Perspective of a Drafter of the Bill)
I joined Oh-Ebashi LPC & Partners after serving as a Senior Specialist for Legislation at the Legislative Affairs Office of the Japan Patent Office (“JPO”) for three years. One of my accomplishments during my time at the JPO was being involved in drafting the bill to amend the Patent Act of Japan (the “Patent Act”). …
Stablecoins Regulations in Japan
The Financial Services Agency (“FSA”) established a Working Group on Payment Services, and the report of this working group (“Report”) was published on January 11, 2022. In response to the Report, amendments to the Payment Services Act (“PSA”),[1] the Act on Prevention of Transfer of Criminal Proceeds, Financial Instruments and Exchange Act (“FIEA”),[2] the Banking …