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CMI Triangle 03

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  • Enforcing arbitral awards in England & Wales

    PDF

    12 December 2017

    Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.

  • Top 5 tips for protecting trade secrets

    PDF

    08 December 2017

    With the new EU Trade Secrets Directive coming into force in June 2018, we have compiled a list of the top 5 tips for protecting trade secrets.

  • Establishing a business presence in the UK

    PDF

    02 October 2017

    If you are a non-UK corporate body and you wish to establish a business presence in the UK, this brief guide covers the main issues you need to consider. Establishing an operating subsidiary, branch or other business presence in the UK is a straightforward process, and can be achieved very quickly and at minimal cost.

  • Directors and their general duties

    PDF

    11 September 2017

    English law imposes on company directors high standards of behaviour and they must put the interests of the company before their own. Their duties are derived from both statute and case law. In addition to general duties, there are extensive specific duties. This is an introductory guide to those general duties.

  • A guide to the litigation process

    PDF

    15 August 2017

    If you are involved in a dispute you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.

  • Landlord & Tenant Act 1954 - The Basics

    PDF

    27 June 2017

    Part II of the 1954 Act is perhaps the most important legislation governing commercial premises. The provisions of Part II of the Act were substantially amended with effect from 1st June 2004 and did away with many of the tactical manoeuvres that were available under the old regime.

  • Mediation

    PDF

    14 June 2017

    Mediation is a common method of alternative dispute resolution (‘ADR’). It is a consensual process, with any settlement having to be agreed by both parties.

  • Employment law in Japan – an overview

    PDF

    27 April 2017

    Although its historically high economic growth has long since passed, Japan’s economy is still one of the largest in the world. This economic strength, combined with the fact that Japan is a relatively mature market in the Asia Pacific region with a rich and unique culture, means that Japan remains a popular place for Western companies to do business. This inbrief outlines some of the key areas of Japanese employment law relevant to businesses operating in Japan.

  • Employment law in Singapore – an overview

    PDF

    27 April 2017

    Singapore’s rapid economic development since it gained independence in 1965 is well documented. This economic success, combined with the country’s lightly regulated business environment, has long made it a natural “hub” for many multinational employers. This in-brief provides an overview of some of the key aspects of employment law in Singapore.

  • Litigation Costs

    PDF

    26 April 2017

    This guide provides a general introduction to the recovery of litigation costs from your opponent. It discusses general principles as well as problems that may arise during the course of litigation, providing practical guidance as to how to secure the best recovery.

  • Preparing to issue proceedings

    PDF

    26 April 2017

    This note provides general guidance on the steps to consider prior to embarking on litigation. There are a number of practical considerations that should be taken into account. The civil justice system in England expects parties to take a certain number of steps before issuing proceedings. This guide runs through these matters in outline.

  • Introductory guide to data sharing

    PDF

    11 April 2017

    Most organisations carry out some form of data sharing, whether it be data sharing between organisations within the group or with external third parties. However, if the data being shared by an organisation is “personal data”, additional steps need to be taken to ensure the sharing of such personal data is lawful.

  • Introductory guide to using data to market to customers

    PDF

    11 April 2017

    The development of new technologies has significantly enhanced the ability of organisations to collect and process information about individuals, often with wide-reaching benefits. From a marketing perspective, it is now far easier to know more about your customers. This has also highlighted the importance of safeguards being put in place, particularly given concerns about that information being used in unwarranted and intrusive ways.

  • GDPR essentials

    PDF

    29 March 2017

    The EU General Data Protection Regulation (“GDPR”) is probably to date one of the most lobbied legislation adopted by the EU since its creation.

  • Data & Privacy: 8 key ways to prepare for GDPR

    PDF

    22 March 2017

    Significant changes are coming to data privacy regulation. The EU General Data Protection Regulation (“GDPR”) will directly apply to all European Union member states from 25 May 2018, which at that time will still include the UK.

  • Hague Convention - Obtaining Evidence In England And Wales For Use In Another Jurisdiction

    PDF

    21 March 2017

    This guide explains how you can obtain evidence in England and Wales for use in another jurisdiction. Whilst it is not always necessary to involve the English court, some courts outside England require its involvement and some potential witnesses will not co-operate without an order of the court.

  • Insolvency - Issues for directors

    PDF

    16 March 2017

    All directors owe duties to their companies. When a company is solvent, those duties are owed to the company personified by its shareholders. But when insolvency is pending, directors must act in the company’s creditors’ best interests. That difference means that the nature of the directors’ duties undergoes a significant shift when insolvency threatens.

  • Expert Witnesses

    PDF

    16 March 2017

    This guide provides a general introduction to the use of experts in court proceedings. The rules governing expert evidence are found in Part 35 of the Civil Procedure Rules, Practice Direction 35, the Court Guides and the Guidance for Instruction of Experts in Civil Claims published by the Civil Justice Council. This guidance will highlight the main points you need to know, consider issues often encountered and offer some practical tips.

  • Enforcing a Russian Judgment in England

    PDF

    16 March 2017

    It is important for winning parties to be able to enforce judgments made in their favour. Before issuing proceedings claimants will often need to consider where the assets of a potential defendant are located and whether any judgment obtained can be enforced in the country where the judgment debtor has assets. If a proposed defendant to Russian proceedings holds assets in England, it will be particularly important for a claimant to examine whether an English court will enforce a Russian judgment in their favour.

  • Selling your business

    PDF

    01 March 2017

    Many business-owners look to sell at some point. The reasons for selling may vary but often it is the opportunity for an owner to capitalise on the years of hard work that have gone into building up his or her business.

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