To print this article, all you need is to be registered or login on Mondaq.com. ExpoMembers, the virtual fair organized by the
Ecuadorian-German Chamber of Industries and Commerce (AHK), took
place in February. Some of our lawyers have been able to
participate in the event, and Idealex has echoed the news.
Andrea Moya- partner of the firm and specialist in International
Tax Law, Rafael Serrano- senior associate and director of the Data
Protection area, and Marta Villagómez- an associate
specialist in the Labor Law area, spoke from different perspectives
of Law at the opening of the event on How to do business in
In a recent order passed in the matter of
Union of India v.
M/s Associated Construction Co.
1, the Hon ble
Supreme Court highlighted the uncertainty surrounding the period of
limitation applicable on appeals filed under Section 37 of the
Arbitration and Conciliation Act, 1996 (
Arbitration
Act).
In the instant case, an arbitral award was challenged by the
Union of India (
Petitioner) under Section 34 of
the Arbitration Act. The High Court dismissed the objections of the
Petitioner in the application filed under Section 34 of the
Arbitration Act. The Petitioner then filed an appeal under Section
13 of the Commercial Courts Act, 2015 (
Commercial Courts
Act) read with Section 37 of the Arbitration Act before
The New Commercial Yacht Code 2020
Effective as at 1st January 2021, the Merchant Shipping
Directorate published the new
Commercial Yacht Code 2020 (the “CYC 2020”)
revising and improving on the provisions of the previous Commercial
Yacht Code 2015 (the “CYC 2015”). Following the
publication of the CYC 2015, which proved to be an industry
favourite due to its vast contribution towards the proliferation of
a cleaner and safer
Malta registered commercial yacht fleet, the Directorate almost
immediately began receiving constructive feedback from interested
parties and held several discussions with both customers and
regulators which led to the CYC 2020 being introduced.
The CYC 2020 is the fourth edition drawn up by the Directorate
The SFC and Its Scope of Power
The Securities and Futures Commission (SFC) is an independent
non-governmental statutory body whose authority is to regulate Hong
Kong s financial markets. The Securities and Futures Ordinance
(SFO) came into operation in April 2003 and it contains civil and
criminal provisions for dealing with financial
misconduct.
Commencement of SFC Enforcement Action
Pursuant to section 182 of the SFO, the SFC may conduct
investigations into any matter relating to:
any offences under the SFO;
defalcation, fraud or misconduct in
connection with dealing in or managing an investment in securities,
futures contract or leveraged foreign exchange contract;
market misconduct;
Wastech:
Confirms that the duty to exercise
discretionary contractual powers in good faith, like the duty of
honest contractual performance, applies to all contracts and cannot
be excluded by the parties;
Clarifies that the duty is breached
where a party exercises a contractual power unreasonably , meaning in a manner not connected to the
underlying purposes for which the discretion is granted;
Mandates that when ascertaining
whether an exercise of discretion is unreasonable, and therefore a
breach of the duty, the court must interpret the contract (the first source of justice between the parties ) as a
whole. The content of the duty is guided by the intentions of