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  24.03.2023

  International

  CMS Eu­ro­pean M&A Stu­dy 2023: Re­cord num­ber of deals last ye­ar de­s­pi­te chal­len­ging eco­no­mic back­drop

  The CMS Corporate/M&A Group is pleased to launch the 15th edition of the European M&A StudyIt has been a challenging year for M&A in view of rising inflation and interest rates, slowing growth and increased geopolitical tension, which have added up to a difficult macroeconomic environment. However, there have been plenty of deal opportunities, as demonstrated by the fact that our study covers a record 509 M&A transactions on which CMS advised in 2022. In a difficult M&A market, we are pleased with this result, which reflects the strength of our corporate offering throughout...

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  20.03.2023

  International

  UK An­noun­ces it will be­co­me a par­ty to the Sin­g­a­po­re Con­ven­ti­on on Me­dia­ti­on

  It has been announced that the UK will become a party to the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”), as an “important signal of [the UK’s] intentions to remain a world leader in this area and as a clear indication of the UK’s commitment to mediation”.The Singapore ConventionThe Singapore Convention was adopted by the UN in December 2018, opened for signatures in August 2019 and in force by September 2020. It currently has 55 signatories, 10 of whom have ratified. It creates a...

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  17.03.2023

  International

  In­ter­Di­gi­tal v Le­no­vo – High Court sets glo­bal FRAND li­cence terms

  The UK High Court has handed down its decision in the FRAND trial of the InterDigital v Lenovo litigation. It concerned InterDigital, an American company holding patents relevant to 3G, 4G and 5G technology and Lenovo, a Chinese ‘implementer’ of that technology. Lenovo has been ordered to pay InterDigital a royalty of $138.7 million (a rate of $0.175 per cellular unit) for its use of InterDigital’s 3G, 4G and 5G patents in its products. This is only the second decision of its kind in the UK (most such cases settle out of court).In short, the Court was asked to set global terms...

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  10.03.2023

  Singapur

  Re­cipro­cal en­force­ment of for­eign judgments in Sin­g­a­po­re: An up­date

  This article is produced by CMS Holborn Asia, a Formal Law Alliance between CMS Singapore and Holborn Law LLC.The long-anticipated repeal of the Reciprocal Enforcement of Commonwealth Judgments Act 1921 (“RECJA”) came into effect on 1 March 2023 (the “Repeal”). On the same date, amendments to the Reciprocal Enforcement of Foreign Judgments Act 1959 (“REFJA”) came into force, and judgments from reciprocating Commonwealth countries which were previously governed by the RECJA will now be governed by the REFJA. These amendments expand the scope of the REFJA and,...

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  10.03.2023

  International

  En­er­gy / Ship­ping – Ef­fect of An­ti-as­si­gn­ment Clau­ses and Trans­fers to In­su­rers

  The recent decision of the Commercial Court in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2022] EWHC 3287 (Comm) concerned a contractual prohibition against assignment and whether this applied to an assignment of rights to an insurer under the assignor’s insurance policy. The decision raises questions on the effect of prohibitions against assignment generally, the concept of involuntary assignments (including assignments by operation of law), and the impact of anti-assignment clauses on a transfer of rights to an insurer.FactsDassault Aviation SA (“Dassault”) and...

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  09.03.2023

  International

  CMS Ex­pert Gui­de to ESG Com­pen­sa­ti­on

  Incorporating ESG KPIs into directors’ remunerationThe urgent need to place sustainability at the heart of company strategy is inextricably linked to incentives provided to its directors and employees. This Expert Guide aims to provide practical insights into key market practices and trends aimed at incorporating sustainability and/or Environmental, Social and Governance (“ESG”) KPIs into directors’ remuneration.The regulations and recommendations on ESG-related remuneration vary considerably from sector to sector and from country to country. The trend is, however,...

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