Page 4 - Law Developments News Today

Introduction A violation of public policy is grounds to refuse the enforcement or recognition of an arbitral award (Article V(2)(b) of the New York Convention) and set it aside (Article 1206(2)(2) of the Code of Civil Procedure (CCP)). Public policy encompasses the basic principles of both substantive and procedural law. The Polish courts rarely confirm violations of the latter. In two cases before the Gdansk(1) and Warsaw(2) Courts of Appeal, the courts found that procedural errors in arbitrat...

Introduction On 12 June 2020 the Diet promulgated the Amendment Act of the Act on the Protection of Personal Information, which will come into force by June 2022.(1) Many of the acts provisions have been delegated to subordinate regulations, including: the Cabinet Order to Enforce the Act on the Protection of Personal Information; and the Personal Information Protection Commissions (PPCs) Enforcement Rule for the Act on the Protection of Personal Information. In December 2020 further proposed a...

In its recent decision in AirAsia X Berhad v BOC Aviation Limited (Originating Summons WA-24NCC-467-10/2020), the high court held that a scheme of arrangement under Section 366 of the Companies Act 2016 is an insolvency-related event for the purposes of the Convention on International Interests in Mobile Equipment (the Cape Town Convention) and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (Aircraft Protocol). The Cape T...

Carsharing is a well-known initiative globally which continues to gain popularity. In Poland, the Ministry of Transport, Construction and Maritime Economy recently prepared a proposal for a legal definition of carsharing. According to the glossary of terms provided for the Transport Development Strategy to 2020 (with an outlook to 2030),(1) carsharing is a system of shared use of passenger cars, which by definition leads to a significant reduction in the number of registered private cars. Vehic...

Virtual courts Despite all of the challenges that the pandemic has brought, the Brazilian judicial sector has not slowed down. The need to adapt to a new way of life almost overnight forced the state courts to expedite the scanning of lawsuits which were not yet digitised. Further, on 27 October 2020 the National Council of Justice announced the implementation of the 100% Digital Court project,(1) which the Rio de Janeiro State Court was first to introduce. The project aims to execute the proc...

(1) to launch a fully fledged investigation, ex officio, against Facebook Inc, Facebook Ireland Ltd, WhatsApp Inc and WhatsApp LLC (together, Facebook) in order to assess whether they had violated Article 6 of Law 4054 on the Protection of Competition. Moreover, the Competition Board imposed an interim measure against WhatsApp pursuant to Article 9 of Law 4054 after WhatsApp amended its terms of use and privacy policy to require its users to share data with other Facebook companies.(2) Backgro...

Introduction The overlapping of construction activities is a project management technique which helps a project to be completed as quickly possible. However, it inherently leads to increased risk and can jeopardise the insurance in place. This is even more true when two separate design and construction projects overlap forcibly and are knowingly implemented concurrently in the same area. In a recent case, the Greek courts found that the multiple damages which one constructor had caused to anoth...

Background Sleep-in shifts are standard practice in the care industry, with workers required to sleep on the premises in case they are required in an emergency. Such shifts are paid at a fixed flat rate, with additional pay for any time spent actively working. The correct pay for sleep-in shifts has long been debated. Must workers be paid the NMW for the entire time spent at the workplace even when sleeping or must they be paid only for time spent awake and working? This makes a big difference...

Introduction Information technologies are increasingly being exposed to the potentially malicious intentions of various interest groups and individuals. Therefore, a systematic and coordinated effort to improve cybersecurity abilities is key for a safe digital society. The Croatian cybersecurity system is a complex cross-sectorial network of institutions and regulations in constant development but aligned with the requirements acquired through the countrys membership of the European Union and t...

Given the Federal Energy Regulatory Commissions (FERC) recent commencement of investigations relating to Februarys cold weather grid emergency,[1] and the potential for many more, it is important for market participants to be mindful of FERCs obligations to provide parties involved in Section 1b investigations with exculpatory " Brady" materials[2]. FERC policy requires that it disclose any evidence or other information that is exculpatory or potentially exculpatory, and material to either the ...