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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 ...

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 flora...

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 he...

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 c...

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 ...