forum non conveniens applied.
Forum for administration clause
Kawaley J agreed that the nature or legal character of the dispute is relevant (applying the decision of
Crociani v Crociani
(7)) in deciding whether a jurisdiction clause in a trust deed applies:
The question of whether a forum for administration clause, irrespective of whether it is expressed to be exclusive or not, confers exclusive jurisdiction on the relevant court is an arid debate if the context in which the question arises is not taken into account.
The court found that, on the facts of the present case, the trustee would not be entitled to rely on the forum clause given that the claim in question was not brought by someone claiming under the trust, but rather as someone challenging its validity.
Introduction
Article 40 of the Plant Variety and Plant Seed Act provides that plant variety rights holders or exclusive licensees may:
request the cessation of any infringement
request the prevention of any threat of infringement; and
claim damages against any parties that intentionally or negligently infringe on their plant variety rights.
Facts
On 24 September 2020 the Taiwan Intellectual Property Court (IPC) rendered a civil judgment (
2020 Min Zhi Shang Zi 1) that specifically indicates how to determine whether an allegedly infringing plant is an infringing variety.
The plaintiff, a floral company, claimed that the defendant, a floral supplier, had planted the plaintiff s Advance+ (Lexjori) rose plants without a licence. The plaintiff further claimed that the plants had been sold on the market by another defendant, a floral company, under the name Avalanche , and that the defendants had therefore jointly infringed the plant variety rights of the Advance+ (Lexjori) roses.
AirAsia X Berhad v BOC Aviation Limited (Originating Summons WA-24NCC-467-10/2020).
Summary
On 19 February 2021 Judicial Commissioner Ong Chee Kwan allowed AirAsia X (AAX) Berhad s application under Section 366 of the Companies Act 2016 for leave to convene creditors meetings to consider and approve an arrangement scheme. However, the judge disagreed with AAX s division of the scheme creditors into two classes:
Class A – secured creditors; and
Class B – unsecured creditors.
The judge agreed with the submissions from the counsel for Malaysia Airports and the counsel for the lessors and held that:
the lessors of lease agreements with AAX must be treated as unsecured creditors and placed in Class B; and
Introduction
One year ago, we wrote that the large business bankruptcy landscape in 2019 was generally shaped by economic, market, and leverage factors, with notable exceptions for disastrous wildfires, liabilities arising from the opioid crisis, price-fixing fallout, and corporate restructuring shenanigans.
The year 2020 was a different story altogether. The headline was COVID-19.
The pandemic may not have been responsible for every reversal of corporate fortune in 2020, but it weighed heavily on the scale, particularly for companies in the energy, retail, restaurant, entertainment, health care, travel, and hospitality industries. Mandatory shutdowns beginning in the spring of 2020 wreaked havoc on the bottom lines of thousands of companies confronting a precipitous drop in demand for their products and services. Some were able to weather the worst of the storm with packages of government assistance or by adapting their business models to meet the unique challenges of the pandemi
Introduction
This article provides a high-level overview of some of the common business models used by local entities that are engaged in the distribution, sale and marketing of their group s products and analyses the potential transfer pricing ramifications thereof.
The transfer pricing analysis included in this article is predominantly based on Circular 11/2018 (Determination of the appropriate transfer pricing method for activity related to distribution, marketing and sales of a multinational group within the local market),(1) published by the Israeli Tax Authority (ITA). Circular 11/2018 implements the Organisation for Economic Cooperation and Development (OECD) Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations 2017 (OECD guidelines).