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Recent Articles

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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

  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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  07.03.2023

  International

  New glob­al agree­ment on the pro­tec­tion and sus­tain­able use of re­sources and biod­iversity in the high seas

  On 4 March 2023, at an inter-governmental conference in New York, negotiations between the representatives of more than 100 countries culminated in the adoption of an international agreement on the conservation and the sustainable use of marine biological diversity of areas beyond national jurisdiction, also referred to as the UN Treaty of the High Seas (the “Treaty”). The unedited draft is available on the UN website.BackgroundThe Treaty takes the form of a new implementing agreement under the United Nations Convention on the Law of the Sea (“UNCLOS”). UNCLOS is the main...

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  01.03.2023

  International

  New EU sanc­tions against Rus­sia

  On 25 February 2023, one year after Russia started its invasion of Ukraine, the EU adopted its tenth sanctions package against Russia. Together with the existing sanctions the European Commission considers the entirety of the measures imposed on Russia  (see also our Handling EU sanctions website) to be the toughest sanctions ever introduced by the EU.The tenth sanctions package has the following four main elements:widens export bans;widens import restrictions;lists additional individuals and entities; andtakes a tougher stance on circumvention.Export bansThe EU imposed new export bans....

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