The New ICC Arbitration Rules
As of 1 March 2017, the new Arbitration Rules of the International Chamber of Commerce (“New ICC Rules”) have come into effect and superseded the former version of the ICC arbitration rules, which have been in effect since 2012.
Information law for company participants – the search for a balance of interests
At the present time, in various legal relationships there exists the acute problem of observing a balance of interests concerning the parties involved in these legal relationships, their legal rights, and their mutual economic needs. Judicial practice, when considering disputes between these kinds of parties, takes into consideration not only the formal requirements of legislation, …
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Innovation & Thailand 4.0: Value Creation for Business using Trade Secrets
Thailand 4.0 stands for the new stage to transform the country currently relying on heavy industries (3.0 stage) into a creativity and innovation-driven economy. Trade secrets are definitively value-based and could help pursing Thailand 4.0. On 14 March 2017, the Thai Department of Intellectual Property (DIP), the US Patent and Trademark Office (USPTO) and the …
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Novelties Introduced by the Movable Pledge Law
As of January 1, 2017, Law No. 6750 on Pledge over Movable Assets in Commercial Transactions (“Movable Pledge Law”), which was enacted on October 20, 2016, entered into force and abolished Law No.1447 on Commercial Enterprise Pledge (“Commercial Enterprise Pledge Law”). The Movable Pledge Law introduces significant changes and offers more practical methods for establishing …
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Determination of Injury in Anti-Dumping Investigations: Turkey’s Side of the Story
I – Introduction In a world ruled by the global economy, protection of international trade from unfair competition holds great importance. Unfair competition can develop out of various trade forms such as dumping or subsidy. Between global players, such protection against these forms is maintained through customs taxes and other similar foreign trade policies like …
Turkish Health PPP Projects
The Turkish health sector has undergone major reforms over the past ten years as part of the health transformation program. The most important pillar of such program has been the development of public-private partnership (“PPP”) model health campus projects. More than twenty health campus projects with an investment amount of more than € 10 billion …
Infrastructure REIC: An Alternative Source of Funding for Infrastructure Projects
With the start of operation in certain BOT and other PPP model infrastructure projects in Turkey, refinancing alternatives have become more attractive and diversified. Capital market instruments and institutions are likely to have a greater share in the refinancings of projects which have become operational and the construction risks have been removed. Over the last …
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Lis Alibi Pendens Under The Council Regulation (ec) No 44/2001 On Jurisdictionand The Recognition An
Lis Alibi pendens is Latin for “suit pending elsewhere”. Both Articles 27 and 28 of the EU Regulation 44/2001 regulate the existence of lis alibi pendens and related judicial actions. In particular it is a doctrine that regulates the jurisdictional relationship of courts hearing concurrent proceedings involving the same or related causes of action between …
The new features under the Recast Regulation 1215/2012
The significance of the EU Regulation 44/2001 is well known as its rules determine both the jurisdiction of courts in the EU in civil and commercial disputes and the conditions for the recognition and the enforcement of their judgments in other EU member States.
Philippine Court of Appeals Denies Issuance of Environmental Protection Order Against Mining Company
In a decision issued on March 8, 2017, the Philippine Court of Appeals (CA) denied the petition by NGO Ang Aroroy ay Alagaan, Inc. and certain individuals, for the issuance of a writ of kalikasan against Filminera Resources Corporation, and its directors and officers. The petitioners have claimed that Filminera, which operates in the Philippine …