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PRECEDENTS
The Baltic and International Maritime Council (BIMCO) model arbitration clauses are as follows. (a) This Contract shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with this Contract shall be referred to arbitration in London in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment thereof save to the extent necessary to give effect to the provisions of this Clause. The arbitration shall be conducted in accordance with the London Maritime Arbitrators Association (LMAA) Terms current at the time when the arbitration proceedings are commenced. The reference shall be to three arbitrators. A party wishing to refer a dispute to arbitration shall appoint its arbitrator and send notice of such appointment in writing to the other party requiring the other party to appoint its own arbitrator within fourteen (14) calendar days of that notice and stating that it will appoint its arbitrator as sole arbitrator unless the other party appoints its own arbitrator and gives notice that it has done so
PRACTICE NOTES
CASE HUB (NOTE—appeal lodged by AB Lietuvos geležinkeliai before the General Court in Case T- 814/17) ARCHIVED–this archived case hub reflects the position at the date of the decision of 2 October 2017; it is no longer maintained. See further, timeline and related cases. Case facts Outline European Commission Article 102 TFEU investigation into AB Lietuvos geležinkeliai, the Lithuanian railway operator (case number AT.39813). Latest developments On 2 October 2017, the Commission issued its infringement decision against LG, imposing a fine of €27,873,000. In addition, LG has been ordered to bring the infringement to an end and refrain from any measure that has the same or an equivalent object or effect. Parties AB Lietuvos geležinkeliai (LG), the incumbent state-owned rail company in Lithuania. Background The Commission had formally opened proceedings in March 2013 after carrying
PRACTICE NOTES
With effect from 6 April 2016, active member discounts (AMDs) have been banned from 'qualifying schemes'. The provisions implementing this ban can be found: • for DC occupational pension schemes, in the Occupational Pension Schemes (Charges and Governance) Regulations 2015, SI 2015/879, reg 11, and • for workplace personal pension schemes, in COBS 19.6.11–12 What is an active member discount? An AMD, also known as a deferred member penalty, is the practice of imposing higher charges on deferred members (referred to in the Occupational Pension Schemes (Charges and Governance) Regulations 2015, SI 2015/879, as 'non-contributing members') than on active members (referred to as 'contributing members'). To whom does the AMD ban apply? The ban on AMD discounts applies in respect of any active member who makes at least one contribution on or after 6 April 2016 to a qualifying scheme that is either: • an occupational pension scheme which provides money purchase benefits, or • a workplace personal pension scheme A
GLOSSARY
Clause in a contract of sale which prohibits a client from assigning the performance of the contract or just the right to receive payment.
NEWS
Law360: The government's proposal to void non-disclosure agreements (NDAs) covering alleged harassment and discrimination at work will discourage employers from settling claims, putting more pressure on tribunals and early conciliation services.
NEWS
A ban on ninja swords under Ronan’s Law has come into force as of 1 August 2025. The knives have been added to the list of prohibited weapons under the Criminal Justice Act (Offensive Weapons Order) 1988, SI 1988/2019 making it a criminal offence to manufacture, import, sell, or possess a ninja sword in the UK, as part of the governments wider efforts to tackle knife crime and enhance public safety. The ban follows the UK’s largest weapons surrender scheme, in which over 1,000 weapons were handed in ahead of the new law, and is part of a broader plan to halve knife crime over the next decade through targeted policing, technology, and legislative reform.
PRACTICE NOTES
Historically, regulation 21 of the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426 (PECR Regulations) had permitted pensions cold-calling except in situations where the recipient of the call had either previously notified the caller that it did not wish to receive such calls, or where the recipient was listed on the Telephone Preference Service register. ‘Call’ is defined as ‘a connection established by means of a telephone service available to the public allowing two-way communication in real time’. With effect from 9 January 2019, the Privacy and Electronic Communications (Amendment) (No.2) Regulations 2018, SI 2018/1396 (the 2018 Regulations), amended PECR Regulations, SI 2003/2426, reg 21 so as to disapply it to pensions cold-calling. At the same time the 2018 Regulations also introduced an opt-in model for unsolicited direct marketing calls to individuals relating to their pensions by inserting a new regulation 21B in the PECR Regulations. Why was the pensions cold-calling ban introduced? The introduction of the ban on pensions cold-calling followed years of industry concerns that pensions scammers were using cold-calling tactics to
GLOSSARY
The physical characteristic of an electronic communications system that indicates the speed at which information can be transferred. In analogue systems, it is measured in cycles per second (Hertz) and in digital systems in binary bits per second (Bit/s). The higher the bandwidth, the greater the amount of information that can be transmitted in a given time.
GLOSSARY
The displacement of a defamatory meaning by taking a potentially defamatory statement or content in context—essentially a damaging accusation being offset by other facts, often seen in defamation cases involving the press which feature a potentially damaging headline designed to draw a reader’s eye which is alleged to have been 'cured' or mitigated by the more positive or balanced content of the body of the article itself.
NEWS
Public Law analysis: Procurement litigation continues to grow in the UK market, and this will only continue in more difficult economic times. Claims arise in two main ways—through the remedies’ rules in the relevant procurement regulations or judicial review claims. There has been an increasing trend of claimants bringing double claims under both regimes where there can be said to be a public law element to the procurement which can trigger a judicial review. In a recent case, Dukes Bailiffs Ltd v Breckland Council (2023), the court dismissed the core part of the claimant’s claims following an application by the defendant authority for summary judgment. Written by David Hansom, partner and head of procurement law at international law firm Clyde & Co LLP.
PRACTICE NOTES
A conversation with Kazi Ershadul Alam, Partner, and Munqualib Faruqui, Associate, at Bangladeshi law firm Tanjib Alam and Associates, on key issues on merger control in Bangladesh. NOTE—to see whether notification thresholds in Bangladesh and throughout the world are met, see Where to Notify. 1. Have there been any recent developments regarding the Bangladeshi merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Bangladesh? The most recent and notable development in the laws related to merger control is the incorporation of the Eight Schedule, Part 1 Business Restructuring of the recently enacted Income Tax Act 2023 (Income Tax Act). As per the Income Tax Act, no tax shall be charged for any capital gain arising from any transfer of capital asset under a scheme of reconstruction (merger and demerger) subject to fulfilling certain conditions. However, any consideration received by the shareholders of the amalgamating companies, in any manner other than shares of the amalgamated company, shall
PRACTICE NOTES
Questions What is the primary legislation which governs corporate insolvency? And, are there any other laws in force dealing with corporate insolvency? There are two laws that deal with bankruptcy and insolvency. They are (1) the Bankruptcy Act 1997 (Bankruptcy Act) and (2) the Companies Act 1994 (Companies Act). The Bankruptcy Act is the primary legislation that governs the bankruptcy laws in Bangladesh. While the Bankruptcy Act deals with bankruptcy in general, sections 234–321 of the Companies Act deals with the insolvency of companies. Is there any conflict of provisions in the corporate insolvency laws? No, there are no conflicting provisions between both laws. Who can initiate a corporate rehabilitation proceeding under the insolvency laws? Pursuant to the Bankruptcy Act, both the creditor and a debtor can file a petition under bankruptcy law in Bangladesh. Eligible creditors can file a petition on the ground of default of BDT 500,000 and the debtors can file a petition under the Bankruptcy Act if the debtor is unable to pay the debt amount of BDT 200,000. Whereas,