Australia

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Recent Articles

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    13/03/2024
    International

    After EU Commission's first decision on Carbon Contracts for Difference, Germany initiates bidding of EUR 4bn

    The European Commission approved the first Carbon Contracts for Difference (CCfD) scheme under the new Guidelines on State aid for climate, environmental protection and energy 2022 (CEEAG).Following the Commission's decision, on 12 March 2024 the German Federal Ministry for Economic Affairs and Climate Protection (BMWK) initiated the first bidding process with a total volume of EUR 4bn. With this funding scheme, Germany is taking a pioneering role in Europe and internationally in the field of state aid for climate protection. Concept of contracts for differenceA contract for difference entitles...
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    07/03/2024
    International

    Environmental and social factors in mining: a spotlight on Colombia

    Environmental and social considerations have been critical to the business of mining since long before the term ESG gained its current popularity. Mining activities are politically sensitive because they allow private companies to appropriate and profit from a state’s finite natural resources, and because they normally entail significant impacts on the natural environment and nearby communities. As a result, mining tends to be highly regulated and require environmental licences and permits, which must be supported by environmental and social impact assessments and other studies and work programmes...
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    01/03/2024
    International

    Pre-conditions to arbitration and the FIDIC 2nd Edition

    Amendments to the FIDIC 2nd Edition contracts published in November 2022 have narrowed the definition of “Dispute” to more closely align it with the pre-conditions to DAAB and arbitration proceedings specified by the form. The narrower definition raises the potential for new jurisdictional objections to be made in DAAB or arbitration proceedings commenced without compliance with those pre-conditions. In this Law-Now, we consider recent developments in the approach taken to arbitral pre-conditions in a number of international jurisdictions, before considering the specific issues thrown...
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    14/02/2024
    APAC Region

    Significant Investments Review Bill: Singapore’s Approach to Scrutinize Investment Activity and comparison to prior reforms in Australia

    Introduction to Singapore’s FDI regimeReflective of its status as an international financial and business hub, Singapore recorded inward direct investment flows of $195 billion in 2022, a 10% increase from the previous year and maintaining a consistent upward trajectory[1]. With a favourable tax regime, the availability of government incentives, and a stable political and legal environment, there is no surprise that Singapore continues to enjoy high levels of foreign direct investment (“FDI”) activity.Whilst the inbound investment numbers bode well for Singapore and business confidence...
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  •  
    19/01/2024
    International

    CBAM: Just over a week to comply

    As the deadline for the first Carbon Border Adjustment Mechanism (CBAM) report approaches on January 31st, it is crucial for undertakings engaged in importing relevant goods into the European Union to understand their obligations - which take practical effect this month. The CBAM, established by Regulation (EU) 2023/956, represents a significant step in the EU’s efforts to combat climate change and carbon leakage, aligning with the overarching goals of the European Green Deal and the Paris Agreement.Key Practical Points on CBAM:Scope of CBAM: This mechanism applies to specific goods listed...
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  •  
    09/01/2024
    International

    Further transparency rules come into force: The US Corporate Transparency Act will require action by overseas companies

    The US Corporate Transparency Act (the “CTA”) came into force on 1 January 2024. Going forward, certain entities (“reporting companies”) will be required to file new online beneficial ownership information reports (“BOI reports”) with the US Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”). Many US and foreign companies will be required to file these reports.The CTA is part of a long-standing US federal effort to reduce money laundering at small corporations operating in the US by improving the transparency of corporate...
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