Hong Kong

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eAlerts Récentes

  •  
    12/04/2024
    International

    Oil & Gas: English court restrains foreign JOA proceedings in breach of arbitration provision

    In The Shell Petroleum Development Company of Nigeria Limited v Sunlink Energies and Resources Limited [2023] EWHC 3135 (Comm), the English Commercial Court demonstrated its willingness to ensure that a joint operating agreement’s arbitration provisions were preserved, and backed by real action by the court for a party seeking to circumvent them.BackgroundThe claimant, Shell Petroleum Development Company of Nigeria Limited (“SPDC”), and the defendant, Sunlink Energies and Resources Limited (“Sunlink”), were parties to a 2005 Joint Operating Agreement (the “JOA”)...
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  •  
    09/04/2024
    International

    CMS European M&A Study 2024: Optimism for M&A amid evolving market trends

    The CMS Corporate/M&A Group is pleased to launch the 16th edition of the European M&A Study.It's been a wild ride for mergers and acquisitions (M&A) around the world this year. Yet, despite the turbulence, we are seeing plenty of reasons to be hopeful about M&A activities in Europe for 2024. The resilience shown amidst economic and geopolitical ups and downs is truly inspiring. Our Study dives into an impressive 559 M&A deals that CMS advised in 2023 and reports on deal trends and current market standards on risk allocation.You can download the study here.Key findings:Sustained...
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  •  
    13/03/2024
    International

    After EU Commission's first decision on Carbon Contracts for Difference, Germany initiates bidding of EUR 4bn

    The European Commission approved the first Carbon Contracts for Difference (CCfD) scheme under the new Guidelines on State aid for climate, environmental protection and energy 2022 (CEEAG).Following the Commission's decision, on 12 March 2024 the German Federal Ministry for Economic Affairs and Climate Protection (BMWK) initiated the first bidding process with a total volume of EUR 4bn. With this funding scheme, Germany is taking a pioneering role in Europe and internationally in the field of state aid for climate protection. Concept of contracts for differenceA contract for difference entitles...
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  •  
    12/03/2024
    APAC region

    APAC IP Update – Winter 2023/24

    ChinaChina’s State Council releases Amended Implementing Regulations of the Patent LawOn 21 December 2023, China’s State Council released the Amended Implementing Regulations of the Patent Law.  The Implementing Regulations explained how several provisions of China’s amended Patent Law of 2021 are being implemented after going into effect on 20 January 2024.The main changes include:minimum inventor remuneration for service inventions is raised to RMB 4,000 for invention patent and RMB 1,500 for design and utility model;patent term adjustment must be requested within three...
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  •  
    07/03/2024
    International

    Environmental and social factors in mining: a spotlight on Colombia

    Environmental and social considerations have been critical to the business of mining since long before the term ESG gained its current popularity. Mining activities are politically sensitive because they allow private companies to appropriate and profit from a state’s finite natural resources, and because they normally entail significant impacts on the natural environment and nearby communities. As a result, mining tends to be highly regulated and require environmental licences and permits, which must be supported by environmental and social impact assessments and other studies and work programmes...
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  •  
    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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