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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

  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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