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PRACTICE NOTES
Updated in December 2025 Introduction Canada boasts a stable, predictable and diversified economy. It has the world’s fourteenth largest economy by aggregate GDP, one of the world’s soundest banking systems and ranks among the top four G20 countries in ease of starting and conducting business. Over the last ten years the Canadian economy has experienced a rapid growth rate creating a well-positioned economic environment characterised by the lowest net debt-to-GDP ratio and the most favourable business tax treatment in the G-7. With competitive advantages such as fast, reliable and ready access to a massive North American market facilitated by the United States-Mexico-Canada Agreement (CUSMA), low business cost and corporate taxes, and a highly-skilled and educated workforce, Canada’s economy consistently outperforms those of most other industrialised countries. There are a variety of ways of structuring business operations in Canada. The aim of this Practice Note is to highlight some of the key areas that a new business should consider before it begins to operate in Canada. This Practice Note should not be considered all-inclusive;
PRACTICE NOTES
This Practice Note considers the rules for service of documents on the defendant’s solicitor in a European Economic Area (EEA) state or on a European Lawyer acting for the defendant. It is important to be aware that Part  6 was amended on 31 December 2020 to remove reference to service on solicitors in an EEA state or on a European Lawyer. However, where notification, in accordance with the relevant rules, was received prior to 31 December 2020, transitional provisions apply. If no such notification was received before that date, the provisions are not applicable. For guidance on the transitional provisions, see: Transitional provisions for CPR 6.7 and CPR 6.23 after 31 December 2020 below. Note: • this Practice Note refers to the relevant provisions as old rule 6.7 and old rule 6.23 • the EEA states comprise the EU Member States together with Iceland, Liechtenstein and Norway. Note: The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521, reg 18(4) provides that an ‘EEA state’
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. For the 2020 version of the rule, see: Incoterms® 2020—introduction The ICC publications are produced here with the permission of ICC Publishing SA. These and other ICC publications are available from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France and from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, and www.iccwbo.org. Incoterms® 2010 rules were replaced by Incoterms® 2020 rules with effect from 1 January 2020. For information on the Incoterms® 2020 rules applicable from 1 January 2020, see Practice Note: Incoterms® 2020—Introduction. Foreword By Rajat Gupta, ICC Chairman The global economy has given businesses broader access than ever before to markets all over the world. Goods are sold in more countries, in larger quantities, and in greater variety. But as the volume and complexity of global sales increase, so do possibilities for misunderstandings and costly disputes when sale contracts are not adequately drafted. The Incoterms® rules, the ICC rules on the use of domestic and
NEWS
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the update to the guidance on appeals to the Court of Appeal Civil Division, and the Court of Appeal decision in Bin Obaid v Al-Hezaimi (settlement and release clause); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.
NEWS
This week's edition of Construction weekly highlights includes Technology and Construction Court (TCC) decisions on whether one party in an unincorporated joint venture can refer a dispute to adjudication (Darchem Engineering v Bouygues), striking out the defence in a claim for defective work in proceedings where the defendant withdrew at the last moment (One Hyde Park v Laing O’Rourke), and whether to grant an injunction restraining payment under a performance bond (Northen Gateway (FEC) No.7 Ltd, intervening), a decision from a Louisiana federal judge compelling arbitration in Dubai after the DIFC-LCIA arbitration centre’s abolition, regulations to correct an error in the Welsh text of both the Building Act 1984 (Commencement No 1) (Wales) Order 2025, SI 2025/1367 and the Building Safety Act 2022 (Commencement No 6) (Wales) Regulations 2025, SI 2025/1368 (Building Act 1984 (Amendment of Commencement Order No 1) and Building Safety Act 2022 (Amendment of Commencement Regulations No 6) (Wales) Regulations 2026, SI 2026/20), the Scottish Government’s publication of minutes of the Building Safety Levy Expert Advisory Group (BSLEAG), the release of New Procurement Act guidance on contract payment information, and a Royal Institution of Chartered Surveyors (RICS) report regarding UK construction activity in Q4 2025.
PRACTICE NOTES
Non-disclosure agreements (NDAs), or confidentiality clauses, are contractual provisions which seek to prohibit the disclosure of information. Such clauses: • are common in agreements to settle employment disputes or to end employment, as part of a mechanism for both sides to move on with a clean break (for further information, see Practice Note: Settlement agreements in employment—practical and tax issues and in particular the main section: Confidentiality, non-disclosure and whistleblowing) • may also be included in contracts of employment, eg to protect commercially sensitive information (for further information, see: The legal considerations below and Practice Note: Restrictions and other express terms during employment—Disclosure of confidential information during employment) In this Practice Note, a reference to a confidentiality provision or NDA includes a stand-alone NDA and a confidentiality or secrecy clause in an employment contract, settlement agreement or other employment-related agreement. The use of confidentiality provisions or NDAs came under scrutiny as a result of certain high profile cases in 2017 (including in relation to allegations against Harvey Weinstein and Sir Philip Green),
PRACTICE NOTES
The events of the Grenfell Tower fire, which took place on 14 June 2017, are well-known. In the aftermath of this catastrophic incident, it emerged that the use of certain cladding materials at the Grenfell Tower, and other features of the building, had contributed to the spread of the fire. This, in turn, raised acute concerns regarding the adequacy of cladding materials and fire protection measures used on other buildings, in the UK and beyond. The Grenfell Tower fire urged several actions by the UK government—including the launch of a public inquiry into the events of 14 June 2017 (the Grenfell Tower Inquiry), and the implementation of changes to the legal and regulatory frameworks governing building and fire safety. For information on these developments, see Practice Note: Fire safety developments following the Grenfell Tower fire. The potential extent of fire safety defects in existing structures in the UK has prompted those that own, reside in, or are responsible for maintaining, potentially defective buildings, to consider whether remedial works are necessary, who must pay for them,
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Dispute Resolution analysis: The Court of Justice of the European Union (CJEU) has held that a jurisdiction clause set out in general terms and conditions rather than the contract can be a valid jurisdiction clause if there has been explicit reference to the terms and conditions. It also held that where a jurisdiction clause provides for the courts of a city, rather than a Member State, to have jurisdiction in the event of a dispute this is a valid jurisdiction agreement under the provisions in article 23 of Regulation (EC) 44/2001 (Brussels I).
NEWS
The Department for Business and Trade (DBT) has published a package of statutory instruments under the Digital Markets, Competition and Consumers Act 2024 to reform alternative dispute resolution (ADR) for consumer contract disputes, with the Secretary of State bringing into force a mandatory accreditation framework for ADR providers from that date. The measures commence Chapter 4 of Part 4 of the Act and replace the previous voluntary system with a regime intended to make dispute resolution outside the courts more accessible, consistent and reliable across the UK, while introducing transitional arrangements to maintain continuity for ongoing cases during implementation.
NEWS
This week's edition of Commercial weekly highlights includes: analysis of the High Court decision in Campeau v Gottex Real Asset Fund which considers a jurisdictional clause which allows service out of the jurisdiction where the defendant is party to a jurisdiction clause, news that the Foreign, Commonwealth & Development Office has published a starter guide to UK sanctions aimed at helping businesses and organisations understand sanctions, and how to comply with them, and news that the Cabinet Office and Government Legal Department have published a new document collection gathering existing contract templates and associated guidance for use by government departments when procuring goods and services under the Procurement Act 2023.
NEWS
This week's edition of Commercial weekly highlights includes: analysis of the High Court decision in Peter Dunn v Kostas Kazolides which addresses questions about limitation periods, insolvency, formal requirements for the execution of deeds, and how variation to the contract between the principal debtor and creditor may discharge a guarantor, news that the Competition and Markets Authority has published new guidance for businesses that host online reviews, outlining how to comply with consumer protection law, and news that the European Commission has imposed a fine of €2.95bn on Google for breaching Article 102 of the Treaty on the Functioning of the EU.
NEWS
The Department for Culture, Media and Sport (DCMS) has confirmed that the British Phonographic Industry (BPI), with support from the Association of Independent Music (AIM), has developed new industry principles for music creator remuneration. The measures, adopted by UK divisions of Universal Music, Sony Music and Warner Music, include provisions to disregard certain unrecouped advances, establish contract renegotiation pathways, and implement minimum session musician fees as agreed between BPI and Musicians' Union in December 2024. DCMS will assess implementation over 12 months, with the package aiming to deliver £10m per year in new investment by 2030 through the Music Growth Package.