Trouble Ahead? Lobbying Underway to Prevent the Extension to the Industrial Emissions Directive

By | Latham.London | April 25, 2017
By Paul Davies, Michael Green and Kristof Ferenczi The Industrial Emissions Directive (IED) is the main EU instrument that regulates emissions from industrial installations (including power stations) and came into force on 6 January 2011. Its objective is to achieve a high level of protection for the environment and human health by reducing harmful industrial emissions. View Full Post
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France Adopts a New Law Requiring Companies to Diligence Their Supply Chains in Relation to Human Rights, Environmental, and Health and Safety Issues

By | Latham.London | April 21, 2017
By Paul Davies and Michael Green On March 27, 2017, the French Parliament adopted a Law On The Duty Of Vigilance For Parent And Subcontracting Companies. The law amends the Commerce Code and requires companies to establish and implement a plan for diligencing human rights, environmental, and health and safety issues in their supply chains. View Full Post
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ICSID Tribunal Upholds a State’s Right to Investigate Criminality in Arbitral Proceedings

By | Latham.London | April 20, 2017
By Charles Rae An ICSID tribunal has unanimously rejected a claimant’s attempt to temporarily suspend a State-initiated criminal investigation involving two of its witnesses. In Italba Corporation v Uruguay[1] Italba Corporation (Italba) had applied to the tribunal for provisional measures enjoining Uruguay from proceeding with its investigation until after completion of the arbitration, arguing that the State’s conduct undermined the procedural integrity of the arbitral process. View Full Post
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Rebalancing the Law On Asymmetric Jurisdiction Clauses

By | Latham.London | April 11, 2017
By Jumana Rahman and Hayley Pizzey Commerzbank Aktiengesellschaft v Liquimar Tankers Management Inc [2017] EWHC 161 (Comm) Summary The English High Court has held that asymmetric jurisdiction clauses are exclusive jurisdiction clauses for the purposes of the Recast Brussels Regulation[1] (the Recast Regulation). View Full Post
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Italy Approves Regulatory Provisions Implementing Market Abuse Regulation (MAR)

By | Latham.London | April 7, 2017
By Isabella Porchia The Italian Securities Commission (CONSOB) has published Resolution no. 19925/2017 setting out the amendments to CONSOB regulation on issuers, markets and related parties transactions  which are necessary to implement in Italy at regulatory level the Market Abuse Regulation no. View Full Post
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Ignore Investment Structuring at Your Peril

By | Latham.London | April 6, 2017
In a recent challenge to an arbitral award under section 67 of the Arbitration Act 1996 (the Act), the High Court in Ruby Roz Agricol LLP v Republic of Kazakhstan[1], confirmed that the tribunal had correctly declined jurisdiction. The court interpreted the underlying contract literally and found that Ruby Roz Agricol LLP (Ruby Roz) did not fall within the arbitration agreement as it was not a “foreign investor”. View Full Post
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China’s Securities Regulator Issues New Green Bond Guidelines

By | Latham.London | April 5, 2017
The China Securities Regulatory Commission (CSRC) released new guidelines (the Guidelines) on the issuance of green bonds on March 2, 2017, marking an important step in the development of what is now that world’s largest green bond market, accounting for 39% of global issuances by principal amount issued during 2016 (after excluding green bonds that the Climate Bond Initiative considered did not qualify as green bonds).  View Full Post
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Environment: The Concept of Legal Personality – from Companies to Natural Entities?

By | Latham.London | April 4, 2017
By Paul Davies and Michael Green New Zealand’s Parliament has just passed a bill to enable the Whanganui River to be recognised as a legal person. It will now be represented by two nominees: one appointed by the Maori Muir Woodscommunity (or Iwi), and another appointed by the government. View Full Post
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