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  28/11/2024

  International

  CMS’s insights on COP29 themes

  The discussions at COP29 Azerbaijan show how difficult it is to achieve global environmental goals. CMS lawyers have been reflecting on the themes of the conference in short videos and articles, housed on the CMS COP29 hub.A summary of CMS’s coverage is below and if you’d like to hear directly from the CMS COP29 delegates, now home from Baku, please join their discussion on Friday 29 November by registering here: CMS at COP29 online sessionBridgett Majola reflects on the need to align climate finance contributions with global needs and the current situation in Africa.Munir Hassan discusses...

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  25/11/2024

  International

  Pre-hedging: IOSCO publishes delayed Consultation Report

  On 21 November 2024, the International Organization of Securities Commissions (“IOSCO”) published a consultation paper in response to concerns about the appropriateness of pre-hedging practices raised by various market participants, standard setters and national and supra-national authorities. In short, pre-hedging is the well-established practice by which dealers in certain markets look to hedge their exposure to anticipated client orders for a number of reasons, including to enable the dealer to take on the risk of the client order once confirmed, and to offer a competitive price.BackgroundEuropean...

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  19/11/2024

  International

  ESG update: transition planning, sustainability disclosures and enforcement

  A lot has happened in the world of ESG over the last few weeks. We have seen important announcements from the UK Government, the conclusion of COP16 and the ongoing COP29 (which you can read about here, here and here). We have also seen some important updates from the UK, EU, US and international bodies relating to transition planning, sustainability disclosures and enforcement action in respect of corporate reporting. We discuss some of these developments below.A. Transition Planning1. TPT publishes final reportOn 25 October 2024, the Transition Plan Taskforce (“TPT”) – which...

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  08/11/2024

  International

  COP16 – some breakthroughs made, but key issues left unresolved

  2 November 2024 marked the conclusion of the 16th meeting of the conference of the parties to the Convention on Biological Diversity (the “Convention”) in Cali, Columbia (“COP16”). Over 23,000 representatives from governments, civil society and businesses attended COP16 - a record number for a biodiversity conference – which is a testament to the increasing importance being attributed to mitigating the risks associated with biodiversity loss. Much was expected of COP16, but despite some positive breakthroughs on using genetic resources and representation of indigenous...

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  25/10/2024

  International

  No fruit from the poisonous tree – The Bavarian Highest Regional Court declines recognition of a cost award rendered in an intra-EU investor-state arbitration

  In a recent decision (order of 13 September 2024 – 11 Sch 146/23), the Bavarian Highest Regional Court (BayOblG) ruled on the recognition of an arbitral award on costs that had been rendered in an arbitration conducted pursuant to the UNCITRAL Arbitration Rules and administered by the Permanent Court of Arbitration in The Hague. The proceedings had been initiated by German investors against the Czech Republic under the Energy Charter Treaty and the bilateral investment treaty between the Czech and Slovak Federal Republic and Germany. The arbitral tribunal had assumed jurisdiction but dismissed...

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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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