Artículos Recientes

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  06/12/2024

  Suiza

  The impact of sanctions against Russia at the enforcement stage: How to monetise awards against frozen assets in a nutshell

  Enforcement is often overlooked during the early stages of arbitration proceedings. No party, however, intends to go through the trouble and expense of an arbitration only to end up with an unenforceable award. From the outset of an arbitration, claimants and their counsel should consider whether the assets of their opponents are frozen under any applicable sanctions regime. The release of frozen assets of an award debtor to satisfy an arbitral award requires a specific authorisation from the competent authorities that is granted only under certain conditions (i.e. "Licence"). This article addresses...

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  06/12/2024

  United Kingdom

  Changes to the Remedial Order and Remedial Contribution Order regime under the Building Safety Act

  Legislative changes have recently been made to the Remediation Order (“RO”) and Remediation Contribution Order (“RCO”) regime brought in by the Building Safety Act 2022 (“BSA”). These changes follow various ROs and RCOs made by the First-tier Tribunal (Property Chamber) (the “Tribunal”) and provide some much needed clarity as to the functionality of these types of orders, including the scope of recoverable losses.What are ROs and RCOs?ROs and RCOs are both orders that can be made by the Tribunal. An RO is an order requiring the named parties to remedy...

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  06/12/2024

  England and Wales

  Injunction upheld: Balancing protestor rights and public order

  IntroductionIn Thurrock Council and Essex County Council v Adams and Others [2024] EWHC 2750 (KB), the Court decided that an injunction to prevent protest activities carried out by environmental groups, including Just Stop Oil, was necessary and appropriate to protect the public from unlawful activities including obstruction of the highway, trespass and other public nuisances around fuel terminals. This decision focused only on the named Defendants, but a separate review hearing was heard earlier this year dealing with the unnamed Defendants (see Thurrock Council and Essex County Council v Adams...

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  06/12/2024

  England and Wales

  Energy performance of buildings consultation launched

  Summary  On 4 December 2024 the Government launched a consultation on reforms to the energy performance of buildings regime. The topics covered include improving the applicability, quality and data usage of energy performance certificates in domestic and non-domestic buildings, refining requirements for energy performance certificates and display energy certificates, and updating the metrics of energy performance certificates. This is an opportunity for the property industry to give its views on reform of the legislative position on the energy performance of buildings. The period for responding...

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  06/12/2024

  Portugal

  Portugal’s failure to transpose the EU NPL Directive leaves an impact on the local market

  Although the deadline for transposing the NPL Directive was 29 December 2023, Portugal has not yet transposed this EU directive on non-performing loans into national law.Portuguese political parties have expressed their intent to approve the relevant legislation in the new parliament, but currently there are no drafts or working documents. In this context, one Portuguese party presented a draft resolution to Parliament (Projeto de Resolução n.º 46/XVI/1.ª), which recommends that the government transpose the NPL Directive as a matter of national urgency. In this interim...

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  05/12/2024

  Europe

  Updated EU Chemicals, Labelling and Packaging (CLP) Regulation: implications for labels, advertisers, online marketplaces

  The updated EU Classification, Labelling and Packaging of hazardous chemicals Regulation (CLP Regulation) was published in the Official Journal of the EU on 20 November 2024 and enters into force on 10 December 2024.New provisions and clarifications include:practical labelling changes, in particular mandatory formatting rules for labels to ensure legibility (including minimum font sizes and spacing), greater flexibility to use fold-out labels/leaflets (with mandatory content and arrangement of label elements), additions to what must be included when using ‘limited’ labelling, and voluntary...

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