The European Central Bank (ECB) plans to announce shortly whether it will launch a design and creation project for a digital euro, something which, as the institution itself has said, would have an immense impact. We need to know therefore what the digital euro would be legally and what implications it could have for many parties in the financial system and in particular for banks and other financial institutions.
China has been building up and improving its legal regime for recognition and enforcement of foreign awards since the nation joined the New York Convention in the 1980’s. In this article we give an overview on the key issues regarding the enforcement of foreign awards in this jurisdiction, taking into account the recent developments and opening-up reforms.
Non-compliance with collective dismissal procedures can be sanctioned in various ways, but, in most cases, the execution of a judgment of nullity of a collective dismissal could not be carried out without violating the freedom of enterprise.
The effects of the pandemic have prompted Latin American governments to adopt measures to promote public-private partnerships (PPPs), public works and privatizations. Garrigues provides an analysis of the situation and trends in the infrastructure and project finance markets in Latin America, where these types of projects are clearly on the rise.
When negotiating a corporate merger or acquisition, both buyers and sellers would benefit from agreeing to and contractually specifying their position about sandbagging, which is when a buyer knows that a seller’s representation or warranty is false or inaccurate but goes ahead and signs the agreement in order to later pursue a claim against the seller. In this article, we will discuss on how sandbagging provisions (or the silence on such) is regulated in Colombia, Mexico, Chile, Brazil and Peru, as well as case law, if any.
Debt markets continue to feel the calming — even sedative — effects of the battery of support measures rolled out to counteract the decline in business activity due to the effects of COVID-19. Jumbo deals involving non-performing loans (NPLs) are expected to resume in the last quarter of 2021. Until then, we will witness two very interesting developments: single name sales and the appearance of new players in the debt market.
The workplace equality legislation (Organic Law 3/2007 and Royal Decree-Law 6/2019) was recently implemented in Decree 901 and Decree 902 passed in 2020. Both decrees attempt to finalize the legislative measures adopted to advance towards greater gender equality in employer-employee relations. And that advance is sought to be achieved through profuse, complex legislation not without ambiguities and interpretation difficulties.
English law, courts and lawyers are a popular option for business transactions in the EU. Brexit could possibly change that, not so much because of obstacles to a valid choice of English law or the enforceability of judgements rendered by English courts but because the UK is now outside the many procedures for judicial cooperation within the EU (summoning, taking of evidence and other forms of judicial cooperation) which are vital for effective cross-border litigation.
The departure of the United Kingdom from the EU will not affect the enforceability of English arbitration awards. Accordingly, in international commercial contracts, arbitration could be a more attractive alternative to litigation as it entails fewer risks to contracting parties in the new post-Brexit legal landscape.