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NEWS
The British Institute of International and Comparative Law (BIICL) and Baker Botts LLP have published an empirical study on annulment in investor-state arbitration under the International Centre for Settlement of Investment Disputes (ICSID) Convention and related rules. The study analyses over 150 annulment decisions by ICSID ad hoc annulment committees.
GLOSSARY
A form of a document used as a model for similar documents.
PRECEDENTS
1 Definition of Break Date Break Date means [any date falling after [specify the date or dates] OR the day before any Rent Day after that date OR any [fifth] anniversary of that date] as specified in either the Landlord’s Notice given under Clause 2.1 (New PSG Lease Clause 7.1) or the Tenant’s Notice given under Clause2.2 (New PSG Lease Clause 7.2). 2 Break clause—PSG Style Leases—Clause 7 2.1 [New PSG Lease Clause 7.1] The Landlord may terminate this Lease on [any OR the] Break Date by giving the Tenant not less than [insert length] months' Notice specifying the Break Date, following which the Term will end on that Break Date. [If: ] 2.1.1 [[New PSG Lease Clause 7.1.1] the Landlord has, on or before the Break Date, paid to the Tenant the sum of [insert sum of any premium payable by Landlord] plus any VAT; [and ] 2.1.2 [New PSG Lease Clause 7.1 2] the Landlord has, on or before the Break Date, subject to Clause 3.2 (PSG Lease Repayment of rent clause
PRECEDENTS
1 Definition of Break Date Break Date means [any date falling after [specify the date or dates] OR the day before any Rent Day after that date OR any [fifth] anniversary of that date] as specified in the Landlord’s Notice given under Clause 2.1 (New PSG Lease Clause 7.1); 2 Break clause—PSG Style Leases—clause 7 2.1 [New PSG Lease Clause 7.1] The Landlord may terminate this Lease on [any OR the] Break Date by giving the Tenant not less than [insert length] months' Notice specifying the Break Date, following which the Term will end on that Break Date. [If:] 2.1.1 [ [[New PSG Lease Clause 7.1.1] the Landlord has, on or before the Break Date, paid to the Tenant the sum of [insert sum of any premium payable by Landlord] plus any VAT; AND/OR 2.1.2 [New PSG Lease Clause
PRECEDENTS
1 Additional or amended definitions Date of Entry • means the date falling [insert number] Business Days after the Purification Date; Necessary Consents • all permissions, consents, licences, certificates, authorisations and other approvals in addition to but excluding the Planning Permission which may be required from any local or other authority or body or person for the carrying out of the Purchaser’s Proposed Development as the case may be, [including, but not limited to OR being]: (a) any consent required to enable and permit the full and effectual completion of the Purchaser’s Proposed Development; and (b) any consents required for connection to drainage and sewage systems, electricity, gas and water supplies, telecommunication systems and other services for the Purchaser’s Proposed Development. Longstop Date • means [insert ultimate longstop date for purification of all suspensive conditions] provided that if the application for the Planning Permission has been referred to a planning committee or council or other office of the appropriate local authority or other planning authority or has been determined by such planning committee, council or office but a decision in writing is awaited, at that date,
PRECEDENTS
1 Definition of Break Date Break Date means [[insert date] OR at the end of the [insert number] year of the period of this Lease OR at any time after [insert date] OR at any time after the end of the [insert number] year of the period of this Lease]. 2 Break clause 2.1 The period of the Lease will be [insert] years but the Tenant is hereby given the right to terminate the Lease as on the Break Date by giving not less than [insert number] months’ prior written notice to the Landlord
PRECEDENTS
IN THE SHERIFFDOM OF [insert name of Sheriff Court] INITIAL WRIT in causa [insert name of pursuer], residing at [insert address of pursuer] PURSUER against (1) [insert name of first defender], residing at [insert address of first defender], (2) [insert name of second defender], residing at [insert address of second defender] and (3) [insert name of third defender], residing at [insert address of third defender] DEFENDERS __________________________ The Pursuer craves the Court: 1. For declarator that the [Will OR codicil] of the late [insert name of deceased], who resided latterly at [insert deceased’s address] and who died on [insert date of deceased’s death],
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of the pursuer], a company registered in Scotland (no [insert company number]), whose [[registered office OR principal place of business] is at [insert address] (the Pursuer)[ and] [;] 2 [insert name of defender], a company registered in Scotland (no [insert company number]), whose [registered office OR principal place of business] is at [insert address] (the Defender). each a Party and collectively the Parties. Whereas (A) [Insert details of the background to the dispute eg ‘The Parties entered into a contract for the supply of certain goods etc]. (B) A dispute has arisen between the Parties in relation to [insert details of the dispute] (the Dispute). (C) [Proceedings were commenced by the Pursuer against the Defender on [date] by way of [Summons OR Initial Writ] with court reference number [insert court reference] (the Court Proceedings). OR (D) Arbitration proceedings were commenced by the Pursuer against the Defender on [insert date] (the Arbitration).] (E) The Parties want to resolve their differences and have agreed to settle the Released Claims in the manner set out in this Agreement. The parties agree: 1 Definitions In this Agreement, the
PRECEDENTS
STANDARD SECURITY by [INSERT THE GRANTOR’S NAME] in favour of [INSERT GRANTEE’S NAME] security Subjects: [INSERT DETAILS OF PROPERTY] 1 [I OR We], [insert name of Seller under Option Agreement] [of [insert address] OR incorporated in [Scotland OR England and Wales] with company registration number [insert company registration number] whose registered office is at [insert address]] (the ‘Grantor’), being the current heritable proprietors of the Security Subjects aftermentioned, CONSIDERING that [I OR we] have undertaken certain obligations in terms of the option agreement between (1) [me OR us] the said Grantor, and (2) [insert name of Buyer under Option Agreement] [of [insert address] OR incorporated in [Scotland OR England and Wales] with company registration number [insert company registration number] whose registered office is at [insert address]] (the ‘Grantee’
PRACTICE NOTES
CASE HUB ARCHIVED—this case hub reflects the position at the date of the decision of 28 November 2022; it is no longer maintained. See further, timeline. Case facts Outline European Commission Article 101 TFEU investigation into a cartel concerning purchases on the styrene monomer merchant market (AT.40547). Latest development On 28 November 2022, the Commission issued its infringement decision after the five companies settled with the Commission and acknowledged their involvement in the cartel. Total fines totalling €157m were imposed. Total fines imposed on each company were: • INEOS—no fine (as a result of being awarded immunity)• Synthos—€32,505,000
GLOSSARY
A specialist contractor employed by the contractor in any works.
PRECEDENTS
Contents This Agreement is made on [date] Parties 1 [Insert name of Contractor] (Company Registration No. [insert number]) whose registered office is at [insert address of Contractor] (the ‘Contractor’, which term shall include all permitted assignees or other transferees under this Agreement); and 2 [Insert name of Sub-Consultant] (Company Registration No. [insert number]) whose registered office is at [insert address of Sub-Consultant] (the ‘Sub-Consultant’). background WHEREAS (A) [Insert name of Employer] (Company Registration No. [insert number]) whose registered office is at [insert address of Employer] (the ‘Employer’) has entered into or proposes to enter into a contract with the Contractor (the ‘Building Contract’) for the design and construction of [insert brief description of the project] at [insert location of site]. (B) The Contractor wishes to appoint the Sub-Consultant to perform for the Contractor the services as described in Schedule 2 to this Agreement (the ‘Services’) under the terms and conditions of this Agreement. Now it is hereby agreed as follows 1 Definitions and interpretation 1.1 In this Agreement the following expressions shall have the following meanings unless the context requires otherwise: Additional Fee • means the additional fees (if any) payable by the Contractor to the Sub-Consultant