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Recent Articles

  •  
    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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  •  
    09/01/2024
    International

    Justice in the Digital Age: Exploring AI’s Role in International Arbitration

    IntroductionThe use of artificial intelligence (“AI”) in international arbitration has been a topic of debate and discussion long before the launch of chatbot ChatGPT in late November 2022.  Indisputably, the adoption of AI tools by the legal profession provides myriad benefits to both clients and legal practitioners.  For instance, the deployment of programs to undertake cumbersome, high volume, resource intensive legal research and document reviews with significantly greater efficiency and corresponding net time / costs savings. With increased use of AI in the legal...
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  •  
    02/01/2024
    International

    Tackling the misuse of crypto-assets for ML-TF purposes

    As a constantly evolving sector, the crypto-assets ecosystem presents continuous challenges, particularly in terms of money laundering and terrorist financing (ML-TF) risks.To tackle the misuse of crypto-assets for ML-TF purposes, it is necessary to subject players active in this sector to anti-money laundering and counter terrorist financing (AML-CTF) supervision. Consequently, such players have been progressively included within the AML-CTF framework.The framework initially covered professionals operating “virtual assets”. This scope has been amended to refer to professionals dealing...
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