Note: This Practice Note should be read in conjunction with Practice Note: Arbitrability in international arbitration. Generally, arbitration is a contractual dispute resolution mechanism—it takes place when parties to a dispute agree to resolve it by arbitration rather than through a court process or other means. While there is no statutory definition of arbitration, the Arbitration Act 1996 (AA 1996) (applicable in England, Wales and Northern Ireland; England is used as a convenient shorthand in this Practice Note) states that it is founded on principles that: • arbitration is a process whereby parties obtain a fair resolution of disputes by an impartial tribunal avoiding unnecessary expense and delay • parties are free to agree the process for arbitrating their dispute subject to public interest requirements • arbitration is a private dispute resolution mechanism and courts should not intervene unless provided for in AA 1996 As such, as a general rule, it is possible to submit any civil dispute to arbitration, provided that the parties agree to do so. National

Prior to the introduction of the Consumer Rights Act 2015 (CRA 2015), a consumer was entitled to reject faulty goods and claim a refund within a ‘reasonable time’ of purchase. If the consumer failed to complain within a reasonable time he was deemed to have accepted the goods and so lost the right to reject. As there was no definition of reasonable time in the Sale of Goods Act 1979 it was ultimately a question of fact whether

Companies Act 2006 considerations A dissolved corporate body ceases to have a legal identity. This clearly raises an issue if seeking to commence proceedings against a dissolved company. The Companies Act 2006 deals with the restoration of companies to the Companies Register. The provisions also apply in a modified form to Limited Liability Partnerships under the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009. Section 1032 of the Companies Act 2006 addresses the effect of a court order for restoration to the register. This was considered by the Court of Appeal in Joddrell v Peaktone. The Court of Appeal held at [49] that the effect of the section was to retrospectively validate an action which had been commenced during the period of the dissolution. The company is therefore deemed to have continued in existence as if it had not been dissolved or struck off the register. This means that the subsequent restoration retrospectively validates any proceedings issued against the company or LLP

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime [Archived]. The financial promotion regime is contained in section 21 of the Financial Services and Markets Act 2000 (FSMA 2000). A financial promotion is a communication made in the course of business that is an invitation or an inducement to engage in investment activity. In the UK, a person must not make a financial promotion unless they are an authorised person, the content of the communication is approved by an authorised person, or the communication is covered by an exemption. For further information on the financial promotion regime, see Financial promotion—flowchart. Key legislation Besides FSMA

What is happening? The Internet Corporation for Assigned Names and Numbers (ICANN) oversees around 20 generic top-level domains (gTLDs) such as .com, .biz and .net. The new gTLD program heralds the introduction of thousands of new gTLDs. To date ICANN has released over 175 new gTLDs. ICANN is expected to release a further 2,000 domain names during the remainder of 2014. Around 40% of the gTLD applications are for brand names eg .bmw, .boots and the remainder are mainly generic words eg .book, .car or acronyms. The rationale behind this expansion is to encourage competition in the domain name market as organisations (companies, individuals, governments etc) may apply to operate their own gTLD registries. ICANN's initiative may be both an opportunity for brand owners to increase online presence and a potential problem as the scope for trade mark infringement via domain name registration (cybersquatting) appears limitless. As many deadlines have shifted there is confusion among brand owners and gTLD applicants. This FAQ sets out some key issues for brand owners

Advertising food and drink to children in England and Wales is subject to stringent regulations, particularly for products high in fat, salt, or sugar (HFSS). Food advertising to children is governed by a mix of UK law and self-regulatory advertising codes, including: • the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and the UK Code of Broadcast Advertising (BCAP Code) • the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) • the Health and Care Act 2022 • the Food Information Regulations 2014, SI 2014/1855 • the Nutrition and Health Claims (England) Regulations 2007, SI 2007/2080 • the Food Safety Act 1990 and the Food (Promotion and Placement) (England) Regulations 2021, SI 2021/1368 CAP and BCAP The CAP Code (section 15) and BCAP Code (section 13) impose specific restrictions on food advertising to protect children under 16. The Committee of Advertising Practice (CAP) has produced guidance on advertising food to children. HFSS product advertisements

When advertising to children in England and Wales, it is essential to comply with specific regulatory requirements to ensure that marketing communications are appropriate, transparent, and responsible. There are a host of regulations that may be relevant, including the self-regulatory UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and the UK Code of Broadcast Advertising (BCAP Code), the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024), the Online Safety Act 2023 (OSA 2023) and the UK’s data protection regime. For detailed information, see Practice Note: Advertising to children. Advertising codes Section 5 of the CAP Code and section 5 of the BCAP Code apply to advertising that features or addresses children. For the purposes of the advertising codes, a child is someone under 16, and a young person is aged 16–17. In summary, all advertising directed at children must be clearly identifiable as such. For children under 12, advertisements that are significantly integrated with non-advertising

Key legislation The freedom of information regime in the United Kingdom is governed by the following legislation: • Freedom of Information Act 2000 (FIA 2000) • Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, SI 2004/3244 Information Commissioner The Information Commissioner supervises the freedom of information regime in the United Kingdom, providing guidance and assistance for those making or responding to requests for information. For more see the Information Commissioner's website. Rights and duties under the freedom of information regime There are various rights and duties under the freedom of information regime, including: • a right of access to information held by a public authority • a duty to confirm or deny whether an authority holds the requested information • a duty to communicate information if such information is held • a duty to provide advice and assistance • a duty to adopt and maintain a publication scheme For more information see

Following the withdrawal of the proposal for a European private company (SPE), the European Commission put forward a proposal for a Directive on single-member private limited companies in April 2014. Why has the European Commission put forward the proposal? The Commission believes that European businesses are not currently able to take full advantage of the opportunities offered by the single market. Setting up subsidiaries abroad is often burdensome and costly due to the divergent requirements of national legislation across the EU and the necessity of obtaining legal advice and translations. The Commission aimed to address these problems in its 2008 proposal for a new SPE form, but it was not possible to obtain agreement on this new form of legal entity among member states and the proposal was withdrawn. The Commission's current proposal aims to address some of the obstacles faced by European businesses by introducing a common single-member private company form across the EU. The

Shareholders are increasingly voicing their concerns at what they perceive as excessive pay increases and pay offs for directors that are not justified by company performance. In recent years companies have seen a significant rise in protest votes against remuneration practices at their annual general meetings. Against this backdrop, the Government has introduced sweeping reforms to the Companies Act 2006 (CA 2006) rules on directors' remuneration reporting and shareholder voting. The reforms The changes to the statutory directors' remuneration reporting regime are, in a nutshell: • the remuneration report is split into a section on directors’ remuneration policy and an annual report on its implementation • the policy section is subject to a binding shareholder vote • the annual report on remuneration is subject to an advisory shareholder vote • the content requirements for the remuneration report have been completely rewritten • all remuneration and loss of office payments must be consistent with the remuneration policy or be specifically approved by shareholders • directors

I use social media to advertise—what are the rules? Social media has an incredible reach and can be a very cost-effective way of promoting your goods and services. However, there are pitfalls, and promotions using social media must comply with normal legal requirements on advertising, as well as the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) (see below). For more information about advertising online, see Practice Note: Digital advertising channels—introduction. A key issue to note is the requirement that advertising should be identifiable as such. This is a requirement of the CAP Code, and it is also a requirement under the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008). Under the CPUTR 2008, it is prohibited to use editorial content in the media to promote a product, where the trader has paid for the promotion, without making that clear in the content. In addition, the regulations prohibit 'falsely claiming or creating the impression that the trader is not acting for purposes

What is a brand? The UK Intellectual Property Office (IPO) describes a brand as 'a promise of an experience which conveys to consumers a certain assurance as to the nature of the product or service they will receive'. A brand can be a company's most valuable asset as it will set it apart from competitors offering virtually identical products and services. The terms 'brand' and 'trade mark' are often used interchangeably but, in a strict legal sense, a trade mark is any sign which is capable of distinguishing goods or services of one undertaking from those of another undertaking whereas the definition of brand broader and less precise. The best way to protect a brand name is to register it as a trade mark at the IPO (or equivalent in other countries). What makes a good brand name? When selecting a brand name it is instinctive to think of words that describe the product or service in question such as SWEET for confectionery or RAPID for delivery services. Such