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2 weeks ago | 
pinsentmasons.com | Hannah Griffiths |Alasdair Weir |Aleesha Way |Alexis Coleman
Although section 442A of the Corporations Act 2001 (Cth) (‘the Act’) gives administrators the power to remove a director from office or appoint a replacement to a company, section 437A of the Act sets out the role of an administrator and specifies that while a company is in administration, the administrator has control of the company’s business, property and affairs.
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4 weeks ago | 
pinsentmasons.com | William Brillat-Capello |Alasdair Weir |Aleesha Way
In a recent ruling, the judge reaffirmed the resilience of French arbitration law and its commitment to maintaining the efficiency of the arbitral process. William Brillat-Capello, international commercial arbitration expert at Pinsent Masons, was commenting following the issuance of the decision, drawing attention to the intricacies of French arbitration law and its implications for international commercial disputes.
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1 month ago | 
pinsentmasons.com | Karah Howard |Mohammed Talib |Alasdair Weir |Aleesha Way
The scheme allows short-term entry into Hong Kong SAR for people participating in arbitral proceedings in the jurisdiction, including arbitrators, expert and factual witnesses, legal representatives or parties involved in arbitration.
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1 month ago | 
pinsentmasons.com | Chen Han Toh |Frédéric Gillion |Alasdair Weir |Aleesha Way
SIAC appointed Vivekananda Neelakantan as its new registrar, taking over from Kevin Nash, in November 2024. One month later, SIAC’s updated arbitration rules were released. The revised rules went into effect as of 1 January 2025 and were developed following extensive public consultation with SIAC’s users and stakeholders, such as the SIAC Users Council, arbitration practitioners, arbitrators, business entities, government representatives and academics.
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1 month ago | 
pinsentmasons.com | William Brillat-Capello |Alasdair Weir |Aleesha Way
While those reforms will be the big issue in the world of arbitration in France in 2025, the past 12 months have been punctuated by developments in French case law that provide lessons for businesses raising claims in arbitration. These developments affect not only the evidence the parties can rely on, but also the forum in which disputes will be resolved.
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1 month ago | 
pinsentmasons.com | Jason Smit |Thomas King |Alasdair Weir |Aleesha Way
April 2024 saw the launch of the inaugural Johannesburg Arbitration Week. During the week, the focus of discussions was on the Southern African Development Community (SADC) alliance between Southern African states and their agreement to build a new arbitration framework, with the aim of providing certainty in dispute resolution and attracting foreign investment to the region.
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1 month ago | 
pinsentmasons.com | Mark Raymont |Melissa McLaren |Alasdair Weir |Aleesha Way
However, the treatment of legacy DIFC-LCIA arbitration agreements remains an area of legal debate, particularly in jurisdictions outside the UAE. While some international courts initially questioned their enforceability, recent rulings – including a reversal by the US Court of Appeals for the Fifth Circuit – suggest growing recognition of the continued validity of DIFC-LCIA clauses, even after the “abolition” of the DIFC-LCIA Arbitration Centre under Decree No. 34 of 2021.
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1 month ago | 
pinsentmasons.com | Hannah Griffiths |Alasdair Weir |Aleesha Way
A recent decision by the Supreme Court of New South Wales (NSW) illustrates how a deed of guarantee and indemnity, binding on the director of a company in financial difficulty, can support the proper functioning of the insolvency process. The case arose out of a deed of company arrangement (DOCA) entered into by contractor Mikcon Group Australia Pty Ltd after the company entered voluntary administration.
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1 month ago | 
pinsentmasons.com | Mohammad Tbaishat |Adam Cain |Alasdair Weir |Aleesha Way
Setting up a joint venture is an attractive option for entering a new market, but foreign investors need to pay attention to certain key factors in deciding the most suitable legal structure. Saudi Arabia has set ambitious objectives to transform its economic landscape, including attracting foreign direct investment and increasing foreign direct investment’s contribution to its GDP.
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1 month ago | 
pinsentmasons.com | Andrew Attieh |Mark Thomas |Alasdair Weir |Aleesha Way
As part of its investigative mandate, the Commission is empowered to request information from merger parties, complainants, and respondents in prohibited practices, as well as third parties. The draft guidelines (34-page / 571KB PDF) set out how the Commission will handle confidential information. They also apply to proceedings before the Competition Tribunal and Competition Appeal Court.
