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Supreme Court upholds anti-suit injunction in support of a foreign seated arbitration

Introduction

In our Dispute Resolution Yearbook article Anti-suit injunctions for foreign seated arbitrations – a closing door?, we discussed the Court of Appeal's decision in UniCredit -v- RusChemAlliance[1] in which the Court of Appeal granted a final anti-suit injunction (ASI) restraining RusChemAlliance LLA (RCA) from pursuing court proceedings in Russia, in breach of a Paris-seated arbitration agreement. The Court of Appeal's judgment was the first time that the English Courts had ordered, on a contested basis, that England was the proper place to bring a claim for an ASI in respect of a foreign-seated arbitration clause.

HMRC confirms hardline approach for when securities fall within employment tax anti-avoidance regime

HMRC has today updated its guidance on the UK's employment-related securities (ERS) rules which can tax, as employment income, benefits arising to employees from securities deriving from their employment.  For these purposes, directorships count as employment and, broadly, securities derive from employment if the right or opportunity to acquire them is, actually, available by reason of the employee's employment. On top of this factual causation test, there is a long-standing deeming provision which, essentially, says that if a security is made available by a person's employer or a person connected with the employer, it will be an ERS (unless awarded due to domestic, family or personal relationships).  

Real Estate Autumn Briefing

In this briefing, we focus on four areas of law and practice which have seen interesting recent changes: landlord and tenant; nuisance; real estate development; and protest. Our briefing explores some of the ways in which the real estate sector continues to be impacted by, and to respond to, challenges around energy efficiency; housing rights and safety; water management; environmental protection; and the right to protest.

Hot or Cold? The European Court of Human Rights' recent decisions in climate change and human rights cases

Earlier this year, the European Court of Human Rights (the "ECtHR") delivered three judgments on the application of the European Convention on Human Rights ("Convention") in the climate change context. Whilst two of these cases (Agostinho[1] and Carême[2]) were ruled inadmissible on procedural grounds, in the case of KlimaSeniorinnen[3], the ECtHR found a violation of Convention rights in relation to climate change and outlined positive obligations on all State Parties to the Convention, including the UK, to mitigate climate change.

Seven strategies for managing intellectual property risks in software development

How do you know that your business owns or has the relevant rights to the intellectual property in its software, particularly where the rights are not registrable?  What can your business do to manage the risk of its developed software infringing third party intellectual property rights? This briefing looks at key strategies to help manage intellectual property risks in software development.

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