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This document summarizes a presentation on Brexit opportunities and challenges for a globally mobile workforce. It discusses that Brexit will likely end free movement between the UK and EEA countries. It outlines practical steps employers are taking like auditing their workforce and providing support and guidance to EEA citizens. It also reviews options for employees such as applying for qualified person status, family member status, or permanent residence. Other potential practical HR issues for employers resulting from Brexit are also listed.
Update on what the easing of sanctions in Iran means for international business which, if all goes well, will provide investment opportunities in oil as well as areas such as financial services, aviation, and infrastructure development, to name but a few
To address the future separation of UK and EU law, all contracts should now include transitional Brexit and change/divergence of law provisions. This webinar is an update on the key areas including currency risk, customs and trade assumptions.
The document discusses the procedures and characteristics of select committees in the House of Lords. It notes that there are different types of committees, including legislative, investigative, and policy committees. Lords committees are generally "cross-cutting" rather than departmental, and complement the work of Commons committees. Committees have about 12 members each and do not have an outright government majority. Their powers depend on cooperation, though they investigate issues, take oral and written evidence, and produce reports and recommendations.
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This document discusses alternative dispute resolution (ADR) for individual disputes in the workplace. It outlines different types of ADR used in EU countries, including conciliation, mediation, arbitration, and use of labor inspectors or ombudsmen. Most countries use non-judicial ADR involving social partners, while some use both judicial and non-judicial approaches. The use of ADR is growing across Europe and seen favorably by trade unions and employers, though lawyers and judges are less enthusiastic.
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Find out more at: http://www.oecd.org/daf/inv/investment-policy/2014-asean-oecd-investment-policy-conference.htm
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Presentation of whistleblowing seminar on 5/12/2017 by Awerian and Ebben AcademyBieke Pauwels
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The sources of EU law are primary sources like treaties, secondary sources like regulations and directives, and tertiary sources like case law from the European Court of Justice. Primary sources are the most significant as all subsequent law must be derived from them. Secondary legislation includes regulations which are directly applicable, and directives which require implementation by member states. Tertiary sources include principles of EU law developed by the ECJ like proportionality, subsidiarity, and equality.
The document summarizes a draft UNCITRAL Model Law on identity management (IdM) and trust services. It was prepared by UNCITRAL Working Group IV to provide uniform treatment of IdM systems and a broad range of trust services. The draft law establishes definitions and rules for IdM processes like identity proofing and authentication. It also covers obligations of IdM and trust service providers, and facilitates cross-border recognition of these services to support digital trade. The draft maintains the structure of the EU eIDAS regulation but raises issues around regulating foundational identity versus enabling trust services.
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Age Discrimination In Europe A Reference Guide Age Discrimination In EuropeSamantha Martinez
Age discrimination laws in Austria came into force in 2004 to implement EU directives. These laws cover both direct and indirect discrimination in employment against all employees and self-employed individuals. Employers can justify direct age discrimination if it is aimed at a legitimate goal and the means used are appropriate and necessary. Indirect discrimination can also be justified in this manner. Austria has a fixed retirement age of 65 for men and 60 for women, and employers can generally retire employees at this age without it being discriminatory unless other circumstances indicate discrimination. There are no special dismissal rules for retirement beyond normal dismissal procedures.
Legal shorts 04.07.14 including FCA updates AIFMD webpage and ESMA updates Q&...Cummings
This document provides a summary of recent legal and financial regulatory developments from the week of July 4, 2014. It outlines updates from the FCA on AIFMD rules and the Alternative Investment Fund Managers Order, updates from ESMA on AIFMD Q&As, and publications from the FCA on EMIR and CRD IV rules. Additionally, it mentions statements from the EU Council on ELTIF regulations and from FATF on virtual currencies.
Birgit Clark - ISP Liability through Interference in GermanyEleonora Rosati
The document discusses the concept of "interferer liability" in German law, which holds that an interferer who intentionally contributes to a third party's infringement of intellectual property rights can be liable for injunctive relief. It applies this concept to analyze the liability of internet service providers for copyright infringements by users. Key points include: German courts have imposed "reasonable measures" on ISPs to prevent future infringements, such as notice-and-takedown and limited filtering; but the appropriate scope of such measures remains debated. The document also analyzes how this approach relates to and may be limited by European directives on e-commerce and copyright.
This presentation by Andreas List was made at the session " Evolving approaches to treaty policy in ASEAN and beyond" during the 2nd ASEAN-OECD Investment Policy Conference held on 10-11 December 2014.
Find out more at: http://www.oecd.org/daf/inv/investment-policy/2014-asean-oecd-investment-policy-conference.htm
Alberto Bellan - The AGCOM Regulation in Italy: Nessun dormaEleonora Rosati
The document summarizes the AGCOM Regulation in Italy, which establishes an administrative procedure for addressing online copyright infringement. AGCOM, the Italian communications authority, can order websites and hosting providers to disable access to infringing content or entire websites. Right holders can file takedown notices that trigger a preliminary assessment and potential blocking orders. Hosting and access providers face fines if they do not comply with blocking orders within 3 days. The procedure aims to quickly and effectively address online copyright infringement but has been criticized for lacking proper due process and risking disproportionate impact.
Case Alert - Summit Electrical Installations Ltd - FTTGraham Brearley
This document summarizes a tax tribunal case relating to VAT liability for a sub-contractor's services on a building project. It provides background on UK VAT law regarding zero-rating of certain property developments. The tribunal found that the student accommodation in question met the definition of a dwelling, allowing the sub-contractor's appeal of VAT charged on its services. While HMRC argued the development could only be zero-rated based on the certificate provided, the tribunal dismissed this view and confirmed zero-rating could apply to both the main contractor and sub-contractor in such cases.
Overview of the Blue Badge scheme, including the increasing numbers of badge holders, reforms and improvements of the scheme. Presented on behalf of DfT by Sheenagh Reynolds, Assistant Director of Digital at DCLG at the DVLA Discovery Day held on 2 July 2014 at the Department for Communities and Local Government.
This document summarizes a presentation given by Dr. Eleonora Rosati on potential reforms to Article 5 of the EU InfoSoc Directive regarding copyright exceptions and limitations. The presentation discusses the structure and aim of Article 5, its implementation across EU member states, and recent case law from the Court of Justice of the European Union. It also considers proposals to introduce a more flexible "open norm" as well as whether U.S.-style fair use could comply with the EU framework. The conclusion questions whether Article 5 has truly harmonized exceptions and limitations across the EU.
European Commission Report on Investment Migration Schemes in EuropeJuddson Larkins
Report from the Commission to the European Parliament, The Council, The European Economic and Social Committee and the Committee of the Regions. Investor Citizenship and Residence schemes in the European Union
IBA Business and Human Rights Guidance for Bar AssociationsRocio Paniagua
Bar associations can play a key role in promoting awareness and implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) among lawyers. This document provides guidance to bar associations on strategies they could adopt, including:
1) Establishing an organizational structure like a committee to oversee business and human rights initiatives.
2) Setting objectives, timelines, and metrics to ensure effective implementation of awareness, education, and capacity building programs on the UNGPs.
3) Raising awareness of the UNGPs among all members through various communications and highlighting the principles' relevance to legal practice areas.
This document summarizes an International Bar Association guide on business and human rights for business lawyers. It was adopted by the IBA Council on May 28, 2016. The guide provides an introduction to the UN Guiding Principles on Business and Human Rights and discusses how they are relevant for different legal practice areas. It also examines the implications of the UNGPs for law firms and independent responsibilities of lawyers, as well as opportunities they present.
This document summarizes the program for the ENI East Regional Conference on Public Procurement held on April 24-25, 2014 at the OECD Headquarters in Paris. The conference brought together central public procurement authorities from Armenia, Azerbaijan, Georgia, Moldova, and Ukraine to discuss challenges in aligning procurement policies with international standards and developing effective remedies systems. Experts from the EU and its member states shared experiences on reforming regulatory frameworks and institutions. Participants also discussed priorities and opportunities for further cooperation in public procurement reform.
Legal Frameworks - Co-operative values and culture - LeadFarm ProjectSCDF-AN
This module discusses the legal framework for cooperatives. It covers cooperative legislation in different countries, as well as the rules and procedures that govern cooperatives. It also outlines the roles and responsibilities of various cooperative participants, such as the general assembly, board of directors, and manager. Additionally, it addresses the statutory rights of employees and employers in cooperatives, and the legal responsibilities regarding products and liability for cooperatives.
Presentation of whistleblowing seminar on 5/12/2017 by Awerian and Ebben AcademyBieke Pauwels
This document outlines the agenda for an event on whistleblowing for Belgian companies. The event will take place on December 5th, 2017 and will include presentations on recent changes to Belgian whistleblowing law, private whistleblowing and corporate hygiene, a demonstration of a whistleblowing tool, and the HR/privacy perspective on private whistleblowing. A panel discussion with the various speakers will conclude the event.
The sources of EU law are primary sources like treaties, secondary sources like regulations and directives, and tertiary sources like case law from the European Court of Justice. Primary sources are the most significant as all subsequent law must be derived from them. Secondary legislation includes regulations which are directly applicable, and directives which require implementation by member states. Tertiary sources include principles of EU law developed by the ECJ like proportionality, subsidiarity, and equality.
The document summarizes a draft UNCITRAL Model Law on identity management (IdM) and trust services. It was prepared by UNCITRAL Working Group IV to provide uniform treatment of IdM systems and a broad range of trust services. The draft law establishes definitions and rules for IdM processes like identity proofing and authentication. It also covers obligations of IdM and trust service providers, and facilitates cross-border recognition of these services to support digital trade. The draft maintains the structure of the EU eIDAS regulation but raises issues around regulating foundational identity versus enabling trust services.
Filing, publicizing, control and verification of declarations of public serva...Maksym Klyuchar
This document summarizes international standards for asset declarations by public officials. It discusses recommendations from the Committee of Ministers and the UN Convention against Corruption, which call for countries to establish asset disclosure systems. Sections of Ukraine's Law on Prevention of Corruption relating to financial disclosures are also summarized. Controls and verification of declarations outlined in the law are described, noting the importance of inter-agency cooperation and access to various databases to effectively evaluate declarations.
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Age discrimination laws in Austria came into force in 2004 to implement EU directives. These laws cover both direct and indirect discrimination in employment against all employees and self-employed individuals. Employers can justify direct age discrimination if it is aimed at a legitimate goal and the means used are appropriate and necessary. Indirect discrimination can also be justified in this manner. Austria has a fixed retirement age of 65 for men and 60 for women, and employers can generally retire employees at this age without it being discriminatory unless other circumstances indicate discrimination. There are no special dismissal rules for retirement beyond normal dismissal procedures.
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The International Bar Association (IBA) has created a new Corporate Group Membership that allows all members of a company's in-house legal team to become full IBA members with access to IBA resources. This membership provides benefits like risk awareness, knowledge building, global reach, local knowledge, and cost savings. Membership fees are based on the size of the in-house legal team, and full members can join any of the IBA's 70+ committees and forums.
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Legal Framework for Counsel's Conduct in International Arbitration
1. DIS 40 - Geneva | 27 May 2019
Legal Framework for Counsel's Conduct in
International Arbitration
Nino Sievi
2. DIS 40 - Geneva | 27 May 2019 CMS von Erlach Poncet
What's all the fuss about?
Survey of IBA Task Force on Counsel Conduct (2010):
87% of responding counsel admitted to being unsure about
which rules actually apply to counsels' conduct in an
international arbitration
3. DIS 40 - Geneva | 27 May 2019 CMS von Erlach Poncet
Potential Bases for Regulating Counsel's Conduct
Criminal Law
Bar Rules
Arbitration Rules
Soft Law
4. DIS 40 - Geneva | 27 May 2019 CMS von Erlach Poncet
Criminal Law
Examples:
• Incitment to give false testimony
• Forgery of documents
• Fraud
Scope of application?
5. DIS 40 - Geneva | 27 May 2019 CMS von Erlach Poncet
Bar Rules
Germany: BRAO; BORA
Switzerland: Federal Act on Free Movement of Lawyers;
Swiss Bar Rules on Professional Conduct
England & Wales, Barristers: Bar Standards Board
Handbook
CCBE, Council of Bars and Law Societies of Europe:
Code of Conduct for European Lawyers
Article 4.1-4.4: Conduct Rules
Article 4.5 declaring these rules applicable to arbitration
6. DIS 40 - Geneva | 27 May 2019 CMS von Erlach Poncet
Bar Rules
Scope of application?
• Bar admission/registration
• EU Directive 77/249
Special cases:
• dual/triple-qualified lawyers
• mixed legal teams
7. DIS 40 - Geneva | 27 May 2019 CMS von Erlach Poncet
Arbitration Rules
LCIA, Article 18 & Annex I
DIS, Article 27.1
ICC, Article 22.1
Swiss Rules, Article 15(7)
Tribunal's power to sanction counsel for misconduct?
Tribunal's power to deem evidence inadmissible, draw
negative inferences or strike out statements?
8. DIS 40 - Geneva | 27 May 2019 CMS von Erlach Poncet
Soft Law
IBA Guidelines on Party Representation in International Arbitration
SIARB Guidelines on Party-Representative Ethics
UIA, Turin Principles of Professional Conduct for the Legal Profession
on the 21st Century
9. DIS 40 - Geneva | 27 May 2019 CMS von Erlach Poncet
Checklist
Rules for counsel's conduct may be found in:
Criminal Law:
• counsel's home jurisdiction
• seat of the Arbitration
• place where hearings physically take place
• parties' domicile/seat
Bar Rules:
• bar rules of counsel's place of admission
• foreign bar rules due to EU Directive 77/249
• CCBE in cross-border cases within Europe
Arbitration Rules
Soft Law
10. DIS 40 - Geneva | 27 May 2019 CMS von Erlach Poncet10
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Editor's Notes
“a high degree of uncertainty among respondents regarding what rules govern party representation in international arbitration”
Fraud:
UK: Fraud Act 2006 (fraud by false representation; even a representation as to the law; failure to comply with disclosure duty); common law offence of conspiracy to defraud
Switzerland: "Prozessbetrug" escroquerie au procès, StGB 146 (BGE 122 IV 197: misleading the court)
Germany: StGB 263: a prohibition to mislead courts or arbitral tribunals to the detriment of (i.e. by committing fraud against) the other party
Scope of application: Part of the criminal act happen or takes effect in jurisdiction. Even small connection can be enough (especially in England). Seat of counter-party in that jurisdiction, seat of arbitration or place of physical hearing could be sufficient. Not aware of specific case law on the scope of application.
Penalty prison
Germany: No concrete rules on counsel's conduct in proceedings. BRAO 43a(3): duty to act reasonable (don't spread lies; don't insult opponent)
Switzerland: Swiss Bar Rules considered to give substance to general duty of care in article 12 of Federal Act on Free Movement of Lawyers.
Relevant rules on conduct:
- disclosure of settlement offers
- contacting witnesses (explicit reservation of special rules in arbitration proceedings, e.g. Article 25(2) Swiss Rules)
Doctrine and case law on article 12: no duty to disclose disadvantageous facts, but no permission to lie.
England: Duty to the court of highest priority
Rule of Conduct No 3:
1 you must not knowingly or recklessly mislead or attempt to mislead the court;
2 you must not abuse your role as an advocate; .
3 you must take reasonable steps to avoid wasting the court’s time;
4 you must take reasonable steps to ensure that the court has before it all relevant decisions and legislative provisions;
5 you must ensure that your ability to act independently is not compromised
Rule of Conduct No 4: Your duty to act in the best interests of each client is subject to your duty to the court
But: duty to the court not equal to duty to the arbitrator? Definition of "court" very wide in Handbook: means any court or tribunal or any other person or body whether sitting in public or in private before whom a barrister appears or may appear as an advocate.
In any case, duty to act with honesty and integrity (Core Duty No 3).
Rule of Conduct No 9(1): you must not knowingly or recklessly mislead or attempt to mislead anyone;
Rules of Conduct No 9(2)(c): you must not draft any statement of case, witness statement, affidavit or other document containing any allegation of fraud, unless you have clear instructions to allege fraud and you have reasonably credible material which establishes an arguable case of fraud;
Rule of Conduct No 9(4): you must not rehearse, practise with or coach a witness in respect of their evidence.
CCBE: "It is a binding text on all Member States: all lawyers who are members of the bars of these countries (whether their bars are full, associate or observer members of the CCBE) have to comply with the Code in their cross-border activities within the European Union, the European Economic Area and the Swiss Confederation as well as within associate and observer countries"
Consequences of non-compliance: Disciplinary proceedings (fine, disbarment)
Scope of application depends on the specific bar rules:
- usually tied to the registration as a lawyer: e.g. unregistered barrister only subject to very few conduct rules (e.g. not witness rehearsing)
- also apply in arbitration proceedings
- scope usually not restricted to legal services within that jurisdiction
- some bar rules even declare foreign rules applicable if legal services are rendered in that jurisdiction (e.g. Barristers)
EU Directive: Concerns "the activities of lawyers pursued by way of provision of services" in another Member State. "A lawyer pursuing these activities shall observe the rules of professional conduct of the host Member State" For Switzerland cf. Article 25 of Federal Act on Free Movement of Lawyers.
Dual qualified lawyer: Bound by all bar rules (depending on level of admission, cf. barrister); must follow the stricter one. What do you do if there is a conflict?
Mixed legal teams: Every individual member of the team is bound by his/her bar rules. Either comply with the strictest of those rules or change the composition of the team. Option of leaving certain tasks to a particular member of the team (e.g. rehearsing with witness by non-barrister) seems border-line.
LCIA: Annex lists basis rules contained in most bar rules. Special rule re document production: A legal representative should not knowingly conceal or assist in the concealment of any document (or any part thereof) which is ordered to be produced by the Arbitral Tribunal. And: Prohibition to engage in activities intended to unfairly obstruct the arbitration.
DIS: Drafted 4 years after LCIA, but decided not to include specific conduct rules. Article 27.1: The arbitral tribunal and the parties shall conduct the proceedings in a time- and cost-efficient manner, taking into account the complexity and economic importance of the dispute.
ICC Similar to DIS.
Swiss Rules: Article 15(7): All participants in the arbitral proceedings shall act in good faith, and make every effort to contribute to the efficient conduct of the proceedings and to avoid unnecessary costs and delays
Power to sanction:
Issue of finding basis for this power.
LCIA 18.6: If such violation is found by the Arbitral Tribunal, the Arbitral Tribunal may order any or all of the following sanctions against the legal representative: (i) a written reprimand; (ii) a written caution as to future conduct in the arbitration; and (iii) any other measure necessary to fulfil within the arbitration the general duties required of the Arbitral Tribunal under Articles 14.4(i) and (ii). Point (iii) includes in severe case excluding legal representatives from the arbitration or reporting misconduct to local professional authorities.
Broad discretion in allocation of costs. E.g. DIS Rules Article 33.3: The arbitral tribunal shall make decisions concerning the costs of the arbitration in its discretion. In so doing, it shall take into account all circumstances that it considers to be relevant. Such circumstances may include the outcome of the arbitration and the extent to which the parties have conducted the arbitration efficiently.
Power to deem inadmissible or strike out:
Broad discretion of tribunal re procedure, but issue with right to be heard.
Guidelines only applicable to the extent parties agree to their application or arbitral tribunals take decision to that effect. Tribunal's to a wide extent free to determine the applicable rules to proceedings.
At least in Switzerland rather limited success. ASA advised parties to explicitly exclude IBA Guidelines to ensure that arbitrators could not apply them sua sponte.