Before incorporating a standard multi-step dispute resolution clause, it is worth considering if a phased system actually satisfies the needs and interests of the parties and if so, be careful in drafting said clauses to avoid potential practical problems.
Businesses are increasingly influenced by changes, threats and opportunities in technological, regulatory, reputational and strategic spheres; mergers and acquisitions and other business decisions can have a transforming reach. The so called business judgment rule (“BJR”), in the terms and with the limitations described, sets out a standard of care of an orderly businessman, designed to give a certain degree of immunity to directors so they can take a reasonable amount of risk, a natural component of any business decision.
Respectively on June 28, 2018 and June 30, 2018, the National Development and Reform Commission and Ministry of Commerce jointly issued the Special Administration Measures on Foreign Investment Access (Negative List) (2018 Edition) (hereinafter referred to as the “2018 Negative List”) and the Special Administrative Measures on Foreign Investment Access to Pilot Free Trade Zones (Negative List) (2018 Edition) (hereinafter referred to as the “2018 Negative List of FTZ”), to be implemented respectively on July 28, 2018 and July 30, 2018.
In view of the ever-growing movement of innovative economic activities, the Securities Commission – Comissão de Valores Mobiliários (“CVM”) edited in July 2017 the CVM Instruction no. 588 (“IN 588”) to regulate the public fund raising by small-sized business companies. According to the IN 588, the relationship between investors and takers occurs through an electronic platform of participative investment, responsible for the offer and distribution of the securities issued by the taker companies.
Council Directive (EU) 2018/822 (the Directive) of 25 May 2018 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to reportable cross-border arrangements was published in the Official Journal on June 5.