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  11/10/2024

  International

  The use of good faith arguments in time-bar disputes

  Good faith obligations are often raised in international construction disputes to overcome time-bar defences raised by employers. This Law-Now considers the approach to enforcing time-bar clauses under English law and in civil law jurisdictions before considering a recent DIFC decision which arises under the unique combination of English and civil law contained in the DIFC’s Contract Law.Time-bars under English lawThe English courts have traditionally shown themselves to be supportive of enforcing time bar clauses if they are not strictly complied with. Such clauses are intended to promote...

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  10/09/2024

  International

  CMS Annual Review of English Construction Law Developments: An International Perspective

  We are pleased to announce the publication of the 2024 edition of our internationally focused Annual Review of English Construction Law Developments. The Annual Review summarises key developments in English construction law over the previous calendar year including developments in related common law jurisdictions. The publication has been prepared with our international clients in mind and aims to provide a greater degree of background and analysis than our regular Law-Now alert service.This year’s edition has a strong focus on exclusion and limitation clauses, with more than half of the...

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  11/06/2024

  Brazil, UK

  Current floods in the south of Brazil: a quick overview of the largest natural catastrophe in the country’s history and its implications for the insurance and reinsurance markets

  Torrential rain in the very south of Brazil since the end of April 2024 has caused massive flooding across hundreds of cities in the state of Rio Grande do Sul.  In terms of affected area and economic losses, whilst the latter amount cannot yet be calculated, the floods in the State of Rio Grande do Sul are already the most catastrophic event to ever occur in Brazil. This tragic event is putting societal resilience to the test and shall intensify the debate over how to manage risks of catastrophic incidents, including through private and public insurances.Experience of previous large losses...

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  29/04/2024

  International

  On your radar | Key employment issues to be aware of internationally

  We are delighted to share with you our latest and largest edition of On Your Radar, with contributions from 35 countries. As ever, you will find employment law updates covering a diverse range of topical developments, for example:Several countries report changes to their rules on hiring foreign workers – Hungary, Serbia and Romania.Belgium explains that companies with over 50 employees must appoint a person of trust who plays an important role in protecting employees against psychosocial risks in the workplace including sexual harassment. At a time when employers are looking for ways...

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  29/09/2023

  International

  EP Case Law in Brief: Erroneous Disclosures

  “Mistakes in a document do not in themselves constitute prior art such as to prevent the grant of a patent.”So begins section I.C. 4.9 of the Case Law of the Boards of Appeal. This statement, and the accompanying case law, provides for the possibility of a ‘get out of jail free card’ for novelty objections in certain circumstances.An invention is "considered to be new if it does not form part of the state of the art". The "state of the art" is defined as "everything made available to the public by means of a written or oral description, by use, or in any other way, before...

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  19/09/2023

  International

  Trading of crypto-assets in detail

  The Markets in Crypto-Assets Regulation (MiCAR) sets down a harmonised regulatory framework for service providers known as crypto-asset service providers (CASPs), which carry out activities with crypto-assets that fall within the regulation's scope. The following article describes the MiCAR requirements applicable to persons providing services related to crypto-asset trading.DefinitionMiCAR introduces enhanced legal requirements that will apply to service providers carrying out professional activities related to trading crypto-assets. The crypto-assets trading activities that MiCAR identifies as...

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