In a particularly significant judgment on the subject of transfer pricing handed down on March 6, 2019, the National Appellate Court concluded on economic comparability analyses, and in particular, on selection of the point in the range of values from a sample to support the arm’s length nature of intragroup prices.
On May 2, 2019, Title III of the Helms-Burton Act came into force, governing the possibility for U.S. citizens affected by the expropriation of properties due to the Cuban revolutionary process to take legal action to claim compensation from the people who traffic in them. The U.S. International Claims Settlement Registry has identified some 6,000 potential claims. In this scenario, it is key to know the duties of information and relationship with the European Union that can be demanded of the addressees of such claims; as well as to plan in advance the reactive judicial measures that may be initiated in the EU to neutralize or mitigate the effects that these procedures may have for individuals and companies from the EU Member States.
On March 15th, 2019, the National People’s Congress of the PRC approved the PRC Foreign Investment Law, which will come into force on January 1st, 2020, repealing simultaneously the present foreign investment legal framework formed by the PRC Sino-Foreign Equity Joint Ventures Law, the PRC Sino-Foreign Contractual Joint Ventures Law and the PRC Wholly Foreign Owned Enterprises Law and unifying the PRC foreign investment legal regime. We highlight the key influence of the Foreign Investment Law via following aspects:
The Scope of Foreign Investment;
Management System of Pre-establishment National Treatment and Negative List;
Protection of the Intellectual Property of Foreign Investors and Foreign Invested Enterprises;
Organization and Activities of the Company.
Close eyes will be kept to the implementation to the new PRC foreign investment legal regime.
On April 12, 2019 was published on Diário da República the Decree n. º 112-A/2019 that regulates the creation of the Contract-Generation measure (hereinafter “measure”), which consists on the assignment of financial incentives to indefinite and simultaneous hiring of young searching for their first job and unemployed of long and very long term.
As we come to the first anniversary of our internal arbitration newsletter, we are pleased to introduce a new series of articles exploring practical aspects of international arbitration. We begin this month with: 'Why arbitrate?'