Benefits and Risks of Fractional Aircraft Ownership
Howard Rice Nemerovski Canady Falk & Rabkin, San Francisco
by Edward A. Deibert
Over the last few years, numerous companies offering a dizzying array of options for individuals to fly privately have been established. The spectrum of options include: on demand charters, which entail contacting a broker or other charter source to bid out the details of each particular trip; card and membership programs, which entail pre-purchasing from a specific operator a set amount of time on a type of aircraft which can be used over a set period of time; fractional ownership programs, which entail buying from a specific operator a fraction of a plane and being guaranteed a proportionate number of hours annually on the type of plane purchased; and the outright purchase of a private aircraft.
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New Catalogue for the Guidance of Foreign Investment Industries
J&F PRC Lawyers, Shanghai
The long awaited revisions to the Catalogue for the Guidance of Foreign Investment Industries (the "Catalogue"), was approved by the State Council, the National Development and Reform Commission and the Ministry of Commerce, taking effect December 1, 2007.
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Comparative Advertising Regulation in Russia
Lidings Law Firm
by Tatyana Bicheva & Marina Guseva
The Russian legislation doesn’t provide for a special regulation of such a marketing technique as comparison of goods of different manufacturers. General regulation of civil and antitrust law is applicable in relation to these comparisons. If the distributed information contains characteristic features of an advertisement, the Federal Law on Advertising of March 13, 2006 № 38-FZ is also applicable (hereinafter – the Law on Advertising).
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Arbitration and Competition Law : A Troublesome Relationship
EXELIA (Brussels)
by Dominique Grisay - Professor of International and European Law, arbitrator
Ongoing cases, still to be pleaded in front of Belgian Courts, as well as rather recent French (Thalès) and Swiss judgments (ATF) have shown that the relationship between competition law and arbitration is somewhat troublesome.
It looks very much as if arbitrators too often forget (or are not called upon) to verify, in the course of their analysis of the cases they are handling, if the principles of competition law have been respected by the parties (particularly in matters of distribution, licensing…) or even bring about solutions that are, in fact, contrary to those same principles, thereby opening the door to judiciary reviews of their awards
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Recognition and Enforcement of Foreign Non-Money Judgments in Canada
Fogler, Rubinoff LLP, Toronto
by Blair W.M. Bowen
The Supreme Court of Canada has recently held that, in proper circumstances, a foreign non-money judgment will be enforced in Canada. This decision marks a departure from the centuries old common law rule that prohibited the recognition and enforcement of foreign non-money judgments.
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Restrictive Covenants – A swing back in favour of the employer?
Memery Crystal
by Merrill April
Are people expendable? A cost, or an asset?
If you subscribe to the “people are assets” viewpoint, how safe are those assets? Are yours or your clients’ businesses vulnerable to them walking out of the door to make money for a competitor? Part of the employer’s armoury in these circumstances (alongside providing stimulating work, an effective reward scheme and developing a positive culture) has always been the use of restrictive covenants.
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Arbitration-by-Attrition: Is Arbitration in Australia Losing its Appeal?
Gadens Lawyers, Sydney
by Damian Sturzaker & Megan Valsinger-Clark
It's not often that one feels sorry for large gas exploration companies. However one can't help feeling a little sorry for Oil Basins following the decision of the Victorian Supreme Court in Oil Basins Ltd v BHP Billiton Ltd.
Unfortunately for Oil Basins, BHP was successful in its bid to have an award against it set aside, both in the Supreme Court and in the Court of Appeal.
Arbitration is designed to be both fast and final. In Oil Basins' case, arbitration has been neither. The real question us, could this problem have been avoided?
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Czech green card project for non-EU skilled workers
PETERKA & PARTNERS v.o.s., Prague
by Alena Brichackova
The Czech Ministry of Labour and Social Affairs in cooperation with the Ministry of Industry and Trade and the Ministry of Interior are currently preparing a green card project to attract workers from third countries. Work on the project started in spring 2007 and was motivated by the shortage of university educated experts (technical experts, project engineers, designers or programmers) and other qualified workers (toolmakers, locksmiths, welders, blacksmiths) on the Czech labour market. The lack of a labour force is becoming a serious threat to the economy.
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Use of E-Mail and Internet in the Employment Context
Corrado Ferrari Mainieri Pedeferri & soc, Rome
by Andrea L. Pedeferri and Caterina Mainieri
The increasing numbers of claims, report and questions brought to the attention of Italian Courts and
Authorities pointed to the need that the processing of personal data performed by employers to verify
that the workable IT tools are used appropriately in the employment context is carried out in compliance
with legislation in force and the law principles applicable to the different matters concerned.
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Challenges in International Arbitration for Non-Signatories
Beirne, Maynard & Parsons LLP , Dallas
by Clint A. Corrie
This article is published in The Comparative Law Yearbook of International Business by Kluwer Law International under the auspices of the Center for International Legal Studies (CILS).
Reprinted here by permission of the CILS and Wolters Kluwer.
Please note that the cite form used in Europe for U.S. cases is not the same as standard Bluebook form used in the U.S., so some case cites look slightly different from how they would appear in a U.S. publication.
Given the magnitude and the consequences of the many international arbitral awards, even signatories to the underlying arbitral agreement can face challenges to the enforcement of such an award. However, persons or entities that are non-signatories to an underlying arbitration agreement face challenges over and above those of willing participants in an arbitral agreement. Parent companies, subsidiaries, contract assignees, governmental and quasi-governmental entities, and other non-signatories to an underlying arbitration agreement may find themselves bound by an arbitration agreement, and by the subsequent arbitral award. This article explores the case law and rulings—primarily arising from courts of the United States—on these types of issues, and offers guidelines to entities wishing to avoid the impact of agreements they did not sign.
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