As we flagged last year in this note, the 2004 Protocols updating the Paris Convention and Brussels Convention have finally been ratified. This is likely the biggest increase in the international nuclear liability regime for...more
The largest shake up of the liability regime for nuclear incidents since the 1960s is finally expected to come into effect on 1 January 2022. Five years after the Nuclear Installations (Liability for Damage) Order 2016 (the...more
International commerce is undergoing a period of rapid, sometimes tumultuous, change. Globalisation has created new markets, new technologies, new competition and, with them, increased demand for effective mechanisms to...more
In May 2016, we reported the decision of the São Paulo Court of Appeals to refuse to recognise a Liberian mortgage taken on behalf of bond investors over a Liberian-flagged FPSO, on the grounds that Liberia was not party to...more
The Brazilian Superior Court of Justice granted Nordic Trustee's appeal on Nov. 16, 2017, and recognized the validity of a $530 million First Preferred Liberian Ship Mortgage over the OSX 3 in favor of Nordic Trustee. The OSX...more
On 1 March 2017 the UK Supreme Court1 overturned an order of the Court of Appeal and decided that Nigerian National Petroleum Corporation (NNPC) could not be required to provide monetary security as a condition for resisting...more
On 8 February 2017, the Commission announced it had imposed fines totaling almost EUR 68 million on three companies for participating in a cartel to fix purchase prices of scrap lead-acid automotive batteries. The cartel...more
January will bring some important changes in the internal composition and current leadership of the European Parliament (“EP”). Such changes are expected to shake the EP’s internal life, even without a shift in the general...more
A lot has been said about the uncertainties surrounding Brexit and its likely impact on doing business with and within the UK. Will London remain Europe’s financial centre? Will the UK reinstate customs duties on imports and...more
In a highly integrated economy like Europe’s, cross-border litigation is common. Oftentimes, a suit may be brought in a court in one EU country against a defendant with assets in many EU countries, so that a judgment from...more
Four months have passed since the UK voted to leave the EU. We are still some way from knowing the likely terms of a post-Brexit agreement, even if the Conservative Party conference and other recent statements have given some...more
On May 4, 2016, the Nuclear Installations (Liability for Damage) Order 2016 (the “2016 Order”) entered into force in the United Kingdom. The 2016 Order, which implements the 2004 Protocols1 to the Paris Convention and...more
The process of Brexit will take many years, and the implications for our clients’ businesses will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more
Summary - Key UK Court of Appeal decision highlights the difficulty in enforcing US choice of law provisions within stock or bonus plans against UK based executives. The Issue - It is not unusual for US...more
The European Court of Justice (“ECJ”) has recently handed down a landmark judgment in the Hydrogen Peroxide case, confirming that cartel victims may jointly sue cartelists for damages in an EU Member State where only one of...more
One of the relatively unsung success stories of the European Union (and its predecessors) is its experiment in judicial co-operation. The first major component of this experiment was the 1968 Brussels Convention on...more
In this Issue: - Thwarting Torpedoes and Other Clarifications: Recast Brussels Regulation in Force From 10 January 2015 - International Energy Charter Signals New Global Cooperation in the Energy Sector ...more