The High Court has handed down three new judgments on BI insurance claims resulting from Covid-19: Stonegate Pub Co Ltd v MS Amlin Corporate Member Ltd [2022] EWHC 2548 (Comm), Various Eateries Trading Ltd (formerly Strada Trading Ltd) v Allianz Insurance Plc [2022] EWHC 2549 (Comm) and Greggs v Zurich Insurance Plc [2022] EWHC 2545 (Comm). These cases are another reminder of the complexities of BI insurance and the particular challenges created by Covid-19 ...
MamoTCV has contributed to the 10th Edition of The Insurance and Reinsurance Law Review. This edition was edited by Simon Cooper (Ince Gordon Dadds LLP) and provides an overview of the legal and regulatory regime for (re)insurance undertakings and intermediaries in 30 jurisdictions. The publication provides guidance on legal and market developments in each jurisdiction aiding comparative analysis ...
Key Points Elected officials are now universally subject to the Levine Act, the primary California pay-to-play statute. Elected and appointed officials cannot accept or solicit a campaign contribution for 12 months following the date a decision is made concerning licenses, permits, land use entitlements, and certain contracts (Covered Proceedings) before the Board. In some circumstances, an official can cure violations of the Levine Act by returning the contribution ...
Asters' Counsel and pro bono legal advisor of the Committee on Industrial Ecology and Sustainable Development of the European Business Association (EBA) Anzhelika Livitska contributed to EBA White Paper "Deregulation of environmental legislation in a time of war and reforms aimed for European integration" ...
On 19 June 2022 Kyiv hosted Recovery Forum Ukraine 2022 organized by the Confederation of Builders of Ukraine, KyivBuild Ukraine, Aquatherm Kyiv and ReBuild Ukraine. The event gathered the representatives of the state and local authorities, construction business-community, international financial institutions, and potential investors to discuss issues related to the rebuild of the damaged infrastructure in Ukraine as well as the ways of financing ...
On 7 October 2022, Federal Law No. 377-FZ (the “Law”) came into force. The Law granted mobilized citizens and their family members the right to receive preferential payment holidays on loans (including mortgages). Follow the link to learn more. Newsletter_Payment_holidays_for_mobilized_citizens.pdf (alrud ...
Tackling base erosion and profit shifting remains a priority for the National Treasury and the South African Revenue Service (“SARS”). It was recently reported that in the 2021 fiscal year, SARS dealt with 345 cases of transfer pricing, base erosion and profit shifting to the value of almost ZAR12-billion. Yet, only three South African courts have dealt with transfer pricing ...
Careers Kudun and Partners Founded in 2015, Kudun and Partners is a modern and forward-thinking law firm with a vision for a more client-focused way of practicing ...
In the course of regular updates on Russian counter-sanctions measures, we would like to provide you with summarized information on: new Official Clarifications published[1] by the Ministry of Finance on October 14, 2022; and new Presidential Decree No. 737 published on October 15, 2022. The above have hugely updated the current counter-sanction FDI regime in Russia, in particular, new transactions requiring counter-sanctions approval were added (e.g ...
What are the legal consequences of an employee continuing to work after the employee has reached the agreed upon retirement age? Does a new contract of employment come into force or does the old contract continue operating? Can an employer still terminate employment on the basis that the employee has reached (and passed) their retirement age? These questions have been the subject of much debate over the years ...
On October 7, 2022 Federal laws No. 376-FZ and No. 379-FZ which provide supplementary guarantees for employees came into effect. Among other things, new grounds for termination of an employment contract have been introduced and opportunity and procedure for an employment contract suspension for the period of military service have been formalized ...
On 5 October 2022, the Russian Federal Tax Service published the draft Order “On the Approval of the List of States (Territories) That Automatically Exchange Financial Information” (the “Draft Order”). The existing list of countries and territories that exchange such information is to be extended to include Kazakhstan, Maldives and Oman ...
The morning of February 24 began as an ordinary day for IP attorneys Julia Semeniy and Yuliya Prokhoda, with planned court hearings, client meetings and routine school runs in Ukraine. But when Russia began its onslaught on the country, in an act of internationally condemned aggression, their lives changed dramatically ...
It’s hard to explain to someone who has never been accused of a crime that they cannot use their own money, and this situation could last for months. Nonetheless, an institution exerting this effect functions under Polish law and can impact both individuals and companies This institution is the freezing of accounts. In general it is used where there is a suspicion that funds in an account have a criminal origin or are related to an offence ...
The Embedding ESG in Insurance webinar is being held as part the Mamo TCV Sustainable Finance Week being held between 24 October & 28 October 2022. Please click here for the programme of events ...
The modern world of technology has undoubtedly changed the manner in which we collect evidence as well as the types of evidence relied on in arbitration proceedings and trials. One such example is the increased use of digital and printed evidence. The reliance on computerised data and its credibility was explored in the recent case of Eskom Holdings SOC Limited v Ravichandran Reddy. In this matter, Mr Reddy, a zone manager at Eskom, was a beneficiary of Eskom’s managerial car scheme ...
In Ismail v Life Entabeni Hospital, the Commission for Conciliation, Mediation and Arbitration (“CCMA”) had to decide whether an employee had been unfairly discriminated against on the basis of her religion as a result of the employer’s “bare below the elbow” policy (“BBE policy”) which did not permit the wearing of long sleeves by those employees working in general wards and the ICU ...
The insurer incorrectly notified the insured of the general conditions of insurance. Could this result in the insurer being required to pay compensation, even though the general conditions of insurance state that there is an exception excluding the insurer’s liability? In our practice, we encountered an issue surrounding the need to notify the insured of the general conditions of the insurance contract ...
On 7 October 2022 the President of the Russian Federation has signed Federal Law No. 387-FZ 'On Amendments to Article 52 of the Arbitrazh Procedure Code of the Russian Federation and Article 45 of the Civil Procedure Code of the Russian Federation'. The Federal Law comes into force on 18 October 2022 ...
The global trading system has been pushed to its limits since Russia’s invasion of Ukraine 7 months ago. Olesia Kryvetska, a counsel with Asters law firm and head of the Ukrainian Bar Association’s International Trade Law Committee, details the heaviest implications since the beginning of the war, namely soaring commodity and energy prices, food security crises, and supply chain disruptions ...
In a civil case, is it wiser for a business to try to persuade the counterparty to agree from the outset to arbitration—or potentially to place it's very solvency in the unpredictable hands of a judge and jury? Many "form" commercial contracts contain clauses mandating that any disputes that arise be resolved by binding arbitration rather than a jury or bench trial ...
Any dog owner whose hound has ever become stuck down a rabbit hole will appreciate the aphorism, “Never get into anything you don’t know how to get out of”. Like a rabbit hole, getting out of the insurance business tends to be less straightforward than getting in. For that reason, specialist “run-off” carriers offer exit solutions to insurers who have ceased writing new business ...
