The document provides information about Shelley Hutchin Design and some of their work. It discusses redesigning a safety newsletter, designing brochures for various purposes including corporate manslaughter and international arbitration in emerging African markets. It also mentions redesigning an annual growth report and a projects and construction annual review.
Contour of Investment Dispute Settlement Mechanism A Crucial Analysis of its ...ijtsrd
This paper x rays the primordial role of the investor state dispute settlement ISDS mechanisms in fostering international cooperation for economic development, especially in the extractive industries EI . As it provides a forum for investors to bring claims against States and vice versa. The ICSID Convention maintains a careful balance between the interests of the investors and those of the host States as the Convention permits the institution of proceedings by both the host States and the investors. However, the evolution of the international investment system has transformed this broadly conceived forum into a relatively unilateral forum. Since under the current system, the best a Respondent State can hope for is that the investor covers their legal costs. With the investors having much to gain, while the States have everything to lose. As such, any successful State counterclaims and claims can serve as a deterrent to any frivolous claim from the investors, thus, providing the Respondent States with a motive to bypass jurisdictional objections and move straight to the merits. In this vein, the right granted to the private parties, to effectively sue a sovereign State for breaches of “acquired rights” granted in contracts, international investment agreements IIAs , and customary international law, has been called, by both the opponents and proponents, as the pulling down of the State to the same level as a private party. Despite ICSID permission and encouragement of State counterclaims, most State counterclaims in ISDS always fail because of the narrow interpretations of the counterclaim jurisdictional requirements, as well as the lack of substantive protections for States in contracts and IIAs. On this account, the paper also considers the effectiveness of ISDS and enforcement in Cameroon, and the ISDS proceedings under the OHADA system. Which in pursuant to the global recognition of arbitration as a predominant ISDS mechanism and the concomitant growth in the normative and institutional frameworks regulating the conduct of investment arbitration, created the Common Court for Justice and Arbitration CCJA and adopted the Uniform Act on Arbitration as the lex loci arbitri for all arbitration proceedings conducted within the OHADA zone. Although investors are still sceptical about such ISDS mechanisms because they are afraid of its legal and judicial uncertainty and insecurity – thus, prompting them to anchor at the ICSID. That being the case, the paper examines these issues by first cascading the spectrum and implications of the investment dispute settlement mechanisms – by focusing on the rights and obligations of the parties of an ISDS process, and then tackling the purview and impact of investment dispute settlement and enforcement framework in Cameroon, by examining the alternative mechanisms that can enhance sustainability in its EI. Bande Gulbert Mbah Tarh "Contour of Investment Dispute Settlement Mechanism: A Crucial Analysis of its Purvie
Contour of Investment Dispute Settlement Mechanism A Crucial Analysis of its ...ijtsrd
This paper x rays the primordial role of the investor state dispute settlement ISDS mechanisms in fostering international cooperation for economic development, especially in the extractive industries EI . As it provides a forum for investors to bring claims against States and vice versa. The ICSID Convention maintains a careful balance between the interests of the investors and those of the host States as the Convention permits the institution of proceedings by both the host States and the investors. However, the evolution of the international investment system has transformed this broadly conceived forum into a relatively unilateral forum. Since under the current system, the best a Respondent State can hope for is that the investor covers their legal costs. With the investors having much to gain, while the States have everything to lose. As such, any successful State counterclaims and claims can serve as a deterrent to any frivolous claim from the investors, thus, providing the Respondent States with a motive to bypass jurisdictional objections and move straight to the merits. In this vein, the right granted to the private parties, to effectively sue a sovereign State for breaches of “acquired rights” granted in contracts, international investment agreements IIAs , and customary international law, has been called, by both the opponents and proponents, as the pulling down of the State to the same level as a private party. Despite ICSID permission and encouragement of State counterclaims, most State counterclaims in ISDS always fail because of the narrow interpretations of the counterclaim jurisdictional requirements, as well as the lack of substantive protections for States in contracts and IIAs. On this account, the paper also considers the effectiveness of ISDS and enforcement in Cameroon, and the ISDS proceedings under the OHADA system. Which in pursuant to the global recognition of arbitration as a predominant ISDS mechanism and the concomitant growth in the normative and institutional frameworks regulating the conduct of investment arbitration, created the Common Court for Justice and Arbitration CCJA and adopted the Uniform Act on Arbitration as the lex loci arbitri for all arbitration proceedings conducted within the OHADA zone. Although investors are still sceptical about such ISDS mechanisms because they are afraid of its legal and judicial uncertainty and insecurity – thus, prompting them to anchor at the ICSID. That being the case, the paper examines these issues by first cascading the spectrum and implications of the investment dispute settlement mechanisms – by focusing on the rights and obligations of the parties of an ISDS process, and then tackling the purview and impact of investment dispute settlement and enforcement framework in Cameroon, by examining the alternative mechanisms that can enhance sustainability in its EI. Bande Gulbert Mbah Tarh "Contour of Investment Dispute Settlement Mechanism: A Crucial Analysis of its Purvie
Helen Kelly, Head of the EU, Competition and Regulatory Group and Liam Heylin, Associate Solicitor in the EU, Competition and Regulatory Group co-authored the Ireland chapter for Getting the Deal Through: Dominance 2018.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Dominance 2018 (Published: April 2018). For further information please visit www.gettingthedealthrough.com.
Safeguard Mechanism in Jordan by Bashar H MalkawiBashar H Malkawi
The WTO Agreement on Safeguards prescribes each member to adopt appropriate domestic legislation before it imposes safeguard measures. Historically, Jordan enacted its first WTO-compatible safeguard law, known as the National Production Protection Law No.4 of 1998 (“NPP Law”), in 1998 on the eve of Jordan’s accession to the WTO. Afterward, it amended its NPP Law of 1998. So now, Jordan’s safeguard system is based on the amended NPP Law No. 50 of 2002 and Regulation on Safeguard of National Production. The article also examines safeguard measures under the U.S.-Jordan Free Trade Agreement.
In house Counsel Alert: Foreign and Domestic Corruption PresentationThis account is closed
In this audio presentation, Glen Jennings and Michael Misener (standing in for Kristine Robidoux) from Gowlings discuss Foreign and Domestic Corruption including, an overview of corruption globally; an outline of the Canadian legislative framework; and a discussion of some key case studies. They provide in-depth analysis of the Griffiths Energy Case and highlight what in-house counsel can learn from it.
Helen Kelly, Head of the EU, Competition and Regulatory Group and Liam Heylin, Associate Solicitor in the EU, Competition and Regulatory Group co-authored the Ireland chapter for Getting the Deal Through: Dominance 2018.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Dominance 2018 (Published: April 2018). For further information please visit www.gettingthedealthrough.com.
Safeguard Mechanism in Jordan by Bashar H MalkawiBashar H Malkawi
The WTO Agreement on Safeguards prescribes each member to adopt appropriate domestic legislation before it imposes safeguard measures. Historically, Jordan enacted its first WTO-compatible safeguard law, known as the National Production Protection Law No.4 of 1998 (“NPP Law”), in 1998 on the eve of Jordan’s accession to the WTO. Afterward, it amended its NPP Law of 1998. So now, Jordan’s safeguard system is based on the amended NPP Law No. 50 of 2002 and Regulation on Safeguard of National Production. The article also examines safeguard measures under the U.S.-Jordan Free Trade Agreement.
In house Counsel Alert: Foreign and Domestic Corruption PresentationThis account is closed
In this audio presentation, Glen Jennings and Michael Misener (standing in for Kristine Robidoux) from Gowlings discuss Foreign and Domestic Corruption including, an overview of corruption globally; an outline of the Canadian legislative framework; and a discussion of some key case studies. They provide in-depth analysis of the Griffiths Energy Case and highlight what in-house counsel can learn from it.
2. Shelley Hutchin
Design
Clyde & Co
2 3
•
•
•
•
•
•
•
•
•
Corporate
Manslaughter
Corporate
Manslaughter
1
Re-design
Safety, Health & Environmental
newsletter for print and online/
interactive publication.
A4, Wrap around cover, Matt
laminate cover, stapled
54 6 7
8
Corporate
Manslaughter
9
The call follows the publication of
the Independent Recall.
The review made a number of
recommendations to help improve
the way in which unsafe consumer
products are identified and removed
from the market. However, it is clear
that there is still a lot to be done.
Fire! Fire!
The appliances have been linked to
thousands of fires caused by fluff
coming into contact with heating
elements. Homes have been ruined
and, in some cases, the machines
have burst into flames as people
loaded them with clothes. Other
appliances causing fires include
dishwashers, fridges and freezers
and washing machines.
The LGA has highlighted some
alarming case studies, including:
• A family in Morecambe whose
tumble dryer burst into flames
while they were asleep
• Two people needing treatment
following a house fire in Preston
• A mother with two children who
had to flee her Nottingham flat
after her tumble dryer burst into
flames as she was loading it
• A mother and two young
daughters from Essex who were
left homeless after their tumble
dryer caught fire. They were
woken from their sleep by their
smoke alarm
• The death of two men who died in
a flat fire in Llanrwst in October
2014. A Pre-Inquest Hearing into
their deaths was told that the fire
started in a tumble dryer
• The death of a father who died
whilst saving his two children
from a house fire. The fire started
when a Beko fridge freezer caught
fire in his home
Safety first
The LGA has noted that many
manufacturers are running
repair programmes with lengthy
waiting lists, rather than recalling
potentially hazardous machines,
and is calling on them to recall the
affected tumble dryers.
The LGA has also called for all white
goods to include fire-proof markings
which would list the manufacturer,
model and serial number, allowing
fire investigators to identify which
models are causing fires.
Whilst there are currently no
further measures a manufacturer
should be taking, over and above
existing compliance, businesses
should take note that there is
clearly an increasing focus on the
importance of prompt product
recall with proper communication
to consumers. It remains to be
seen whether more stringent legal
measures will be introduced.
Authors: Rod Hunt and Luisa Lister
She Regulatory news – Autumn 2016
Introduction Lia quam que cuptam velignimet escim nonse veruptasi as sed molutem
porrovitio ilit poreper natquis exerumqui sitio venias debis et acepudi do-
lupti totatet ad quos volor am esequod ipsape pre, et fugiatem quiantem
est ma aut volupta placcuptam quis doloremqui alit lanihictem re illa
4. Shelley Hutchin
Design
Clyde & Co
2016 Re-design
M&A Growth global brochure -
A4, perfect bound, litho printed,
Matt Laminate cover
Annual growth report for soft commodities
44
The market for protection against cyber
threats presents significant growth
opportunities but also challenges. As holders
of significant amounts of customer data it is
vital that insurers get their own houses in
order, especially in light of new EU rules that
represent the biggest change to data
protection in over a generation.
Mark Williamson, Partner, London
1in5
P&C insurers have yet to apply
big data advanced analytics to
any function
5. Shelley Hutchin
Design
Clyde & Co
Sub brand - Projects & Construction
Annual review, A5 brochure, spiral
bound, gloss laminate cover
Sub-brand design
Healthcare brochure requiring new logo utlising keyline
extending into pulse line - simple use of existing brand elements.
Internally printed.
For a more detailed overview on these key developments look
no further than the next page….
Firm Foundations:
a year in review
Legal developments in the UK
construction industry
A finger
on the pulse of
6. BARLOW LYDE & GILBERT LLP | INTRODUÇÃO AO RESSEGURO 98 BARLOW LYDE & GILBERT LLP | AN INTRODUCTION TO REINSURANCE
A reinsured may instruct a broker to act as its agent for the
purposes of negotiating and placing the reinsurance contract
with reinsurers. After the contract has been placed, the
reinsurance broker may act as an intermediary between the
principals for the purposes of transmitting the reinsurance
premiums from the reinsured to the reinsurer, passing on
information and collecting reinsurance claims from the
reinsurers.
The�broker
O�broker
Um ressegurado pode instruir um broker (corretor de
resseguro) para atuar como seu agente na negociação e
colocação do contrato de resseguro com os resseguradores.
Depois que o contrato foi colocado, o corretor de resseguros
pode atuar como um intermediário entre as partes para
efeitos de transmissão dos prêmios de resseguro do
ressegurado para o ressegurador, transmitindo informação e
coletando indenizações de resseguro dos resseguradores.
“A reinsured may instruct a broker to
act as its agent for the purposes of
negotiating and placing the
reinsurance contract with reinsurers”
“Um ressegurado pode instruir um
broker (corretor de resseguro) para
atuar como seu agente na negociação
e colocação do contrato de resseguro
com os resseguradores”
É freqüente mais de um ressegurador participar no
resseguro de um risco específico, com cada ressegurador
aceitando uma parte da exposição. Isso é conhecido como
Mercado de Subscrição: cada ressegurador é responsável
apenas por sua parte do risco, e não pela parte do risco
assumido por outros resseguradores.
O ressegurador está apenas interessado em sinistros diretos
na medida em que afetem a sua responsabilidade perante o
ressegurado nos termos do contrato de resseguro. A relação
de resseguro é ocasionada pelo contrato de resseguro e é
mutualmente exclusiva da relação entre o segurador e o
segurado original. O segurado original não tem interesse
jurídico na relação de resseguro. As responsabilidades e
obrigações entre ressegurador e ressegurado são novas
responsabilidades e obrigações, criadas e reguladas pelo
contrato de resseguro. Elas não são, apesar do que alguma
da terminologia usada no resseguro possa sugerir, uma
simples partilha de uma obrigação existente, embora haja
casos em que alguns elementos do contrato subjacente
possam ser incorporados no contrato de resseguro.
A reinsurer is only interested in the direct losses to the extent
that they affect its liability to its reinsured under the contract of
reinsurance. The reinsurance relationship is brought about by
the reinsurance contract and is mutually exclusive from the
relationship between the insurer and the original insured. The
original insured has no legal interest in the reinsurance
relationship. The liabilities and obligations of the reinsurer and
reinsured are new ones which are created and governed by
the reinsurance contract. They are not, despite what some
reinsurance terminology might suggest, a simple “share” of an
existing obligation; although there are circumstances where
some elements of the underlying contract may be
incorporated into the reinsurance contract.
Intro to reinsurance Eng Port split #791:Layout 1 11/01/2010 8:48 am Page 8
BARLOW LYDE & GILBERT LLP | INTRODUÇÃO AO RESSEGURO 76 BARLOW LYDE & GILBERT LLP | AN INTRODUCTION TO REINSURANCE
Reinsurance is the insurance of insurance risk. In the same
way as individuals and companies need insurance to protect
themselves against the risks they face, so insurers need
reinsurance. When an insurer buys reinsurance it is buying
protection against the costs of the claims it may have to meet
under the policies of insurance it has issued. Reinsurance may
be purchased in respect of a single large risk, in connection
with a book of risks or even in respect of the whole account of
a company. We have discussed the different types of
reinsurance more fully below.
The original or direct insurer who purchases the reinsurance
cover is known as “the reinsured” or the “the reassured” (this
latter expression is more common in marine, aviation and life
business). The reinsured may also be described as the
“cedant” or “ceding company”. Where a reinsurer buys
reinsurance for the risks it is itself reinsuring this “reinsurance”
is known as a “retrocession”. The reinsured in these
circumstances will be called the “retrocedant” and the
reinsurer will be called the “retrocessionaire”.
It is not unusual for more than one reinsurer to participate in
the reinsurance of a particular risk with each reinsurer
accepting a proportion of the exposure. This is known as a
Subscription Market; each reinsurer is liable for its share only
and not for the share of the risk accepted by other reinsurers.
What�is�reinsurance?
O�que�é�o�resseguro?
O resseguro é o seguro do risco de seguro. Da mesma forma
como os indivíduos e as empresas precisam de seguros para
se protegerem contra os riscos que enfrentam, também uma
seguradora necessita de resseguro. Quando uma seguradora
compra um resseguro, ela está comprando proteção contra os
custos dos sinistros que pode ter que enfrentar no âmbito das
apólices de seguro que emitiu. O resseguro pode ser
adquirido em função de um único grande risco, de uma
carteira de riscos ou mesmo em relação a todo o portfolio de
seguros de uma seguradora. Discutiremos os diferentes tipos
de resseguro de forma mais completa abaixo.
A seguradora original ou direta que adquire a cobertura de
resseguro é conhecida como "ressegurado" ou
"reassegurado" (esta segunda expressão é mais comum nos
setores de riscos aeronáuticos, marítimo e vida). O
ressegurado pode também ser descrito como o "cedente" ou
“seguradora cedente". Sempre que um ressegurador compra
resseguro para os riscos que ele próprio está ressegurando
este “resseguro" é conhecido como “retrocessão". O
ressegurado, nestas circunstâncias, será chamado de
“retrocedente" e o ressegurador será chamado de
“retrocessionário”.
Introduction
The purpose of this booklet is to provide readers with an introductory guide to reinsurance. The
booklet contains a practical explanation of the principal types of reinsurance including facultative
covers, treaty reinsurance, excess of loss and proportional cover.
The booklet also addresses topics including the function of slips and the formation of the
reinsurance contract, the duty of utmost good faith, policy wordings and conditions, triggers of
coverage, aggregation and common claims provisions. At the end of the booklet there is a
glossary of frequently occurring terms.
Much of what is discussed in the booklet, such as the meaning of facultative reinsurance, is of
universal application, but where specific legal issues are raised, our comments are from the
perspective of English Law.
Introdução
O objetivo desta brochura é fornecer aos leitores um guia introdutório ao resseguro. A brochura
contém uma explicação prática dos principais tipos de resseguro, incluindo cobertura facultativa,
tratado de resseguro, excesso de danos e cobertura proporcional.
A brochura também aborda temas como a função de slips e a formação do contrato de
resseguro, a obrigação de absoluta boa-fé, formulários e condições de apólices,
desencadeadores de cobertura, agregação e regras de pagamento de indenizações. No final da
brochura há um glossário da terminologia mais freqüente.
Muito do que é discutido na brochura, como o significado do resseguro facultativo, é de
aplicação universal, mas onde questões jurídicas mais específicas são levantadas, os nossos
comentários são feitos na perspectiva do Direito Inglês.
Intro to reinsurance Eng Port split #791:Layout 1 11/01/2010 8:48 am Page 6
BARLOW LYDE & GILBERT LLP | INTRODUÇÃO AO RESSEGURO 3
BARLOW LYDE & GILBERT LLP | AN INTRODUCTION TO REINSURANCE
The opening up of the reinsurance market in Brazil in 2008 has
made this an exciting time for the region, and for the many
reinsurance companies who have subsequently set up here.
Barlow Lyde & Gilbert LLP, one of the leading global experts in
reinsurance law, established an office in Latin America in October
2009 in response to growth and promise in this region. Based in
São Paulo, our presence in Brazil has allowed us to broaden our
services and extend the reach of our reinsurance, aviation,
international arbitration and marine, energy and trade practices.
I hope that you find this booklet a useful introduction to the
main principles of reinsurance. If you have any questions, please
do not hesitate to contact either myself or Jeremy Shebson
(jshebson@blgsaopaulo.com), our lead partner in São Paulo.
Simon�Konsta
Senior Partner
Barlow Lyde & Gilbert LLP
direct�tel�+44 (0)20 7643 8085
email�skonsta@blg.co.uk
Intro to reinsurance Eng Port split #791:Layout 1 11/01/2010 8:48 am Page 2
Shelley Hutchin
Design
Barlow Lyde
& Gilbert
210mm x 210mm
Reinsurance brochure
Bilingual English/Spanish An�introduction�to�reinsurance
Introdução�ao�resseguro
Intro to reinsurance Eng Port split #791:Layout 1 11/01/2010 8:48 am Page 1