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Friday 8 April 2011

Book: EU Competition Law Handbook 2011

Professor Marc van der Woude and Christopher Jones published at Sweet and Maxwell (in December 2010) a new edition of EU Competition Law Handbook 2011, a leading guide and an invaluable resource for the competition law.

As the publisher, Sweet and Maxwell, informed the book contains documents from 1951 to present day as well as fully integrated and cross-referenced European Union and Member State competition law materials:

  • Full coverage of Antitrust, State Aid and Liberalisation sectors
  • Proceedings and case law from the European Courts
  • International Agreements plus national competition regulations and commentary
  • Merger documents from notification to decision
  • Annual reports on competition policy etc.
The EU Competition Law Handbook is updated annually, this being the 21st edition, incorporating decisions and developments up to June 2010. Also it includes the e-Competitions references for national decisions to enable users to locate English case digests.

NB. e-Competitions Bulletin, published by the Institute of Competition Law is the first data base on national competition case laws, containing more than 3000 case summaries from 750 experts in 30 countries in Europe. The Bulletin published in English every week.

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Book: Ellinger's Modern Banking Law 5th edition

Few years ago, Oxford University Press started to offer to the public an interesting and useful book containing sets of banking law. The three book authors E. P. Ellinger, Eva Lomnicka and Richard Hooley made an analysis of the relationship between the banker and its clients, pointing the duties and the liabilities of banks, and the latest processes used in the clearance of cheques, plastic money and electronic money transfers.

Oxford University Press announces that this year, a new edition of the book (the fifth) will be on the market in May 2011 (estimated date). The main chapters will refer to:

  • Chapter 1: Banks and banking business
  • Chapter 2: The bank as monetary agency in domestic transactions
  • Chapter 3: The bank as financier and lender in domestic transactions
As the publisher informes, the authors E.P. Ellinger (Professor of Law at the National University of Singapore, Singapore), E. Lomnicka, (Professor of Law at King's College, London, UK), and C. Hare (Senior Lecturer in Law at University of Auckland, New Zealand) recommend the book to undergraduate LLB students on a banking module and LLM students on banking law courses. A secondary market may be found amongst banking and corporate finance students taking a module in law.

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UNCITRAL - updated arbitration rules (2010)

The United Nations General Assembly (UNGA) is one of the five organs of United Nation, having the characteristic that it is the single organs where all member nations have equal representation.

On 17 December 1966 by the Resolution 2205 (XXI), The UNGA has established the United Nations Commission on International Trade Law (UNCITRAL), having the goal to create international rules for a unification of the international trade law.

In 2010, the UNCITRAL arbitration rules have been revised on the following sections:

  • Section I: Introductory Rules – Contains: Scope of application, Notice and calculation of periods of time, Notice of arbitration, Response to the notice of arbitration, Representation and assistance, Designating and appointing authorities.
  • Section II: Composition of the Arbitral tribunal – Contains: Number of arbitrators, Appointment of arbitrators, Disclosures by and challenge of arbitrators, Replacement of an arbitrator, Repetition of hearings in the event of the replacement of an arbitrator, Exclusion of liability.
  • Section III: Arbitral proceedings – Contains: General provisions, Place of arbitration, Language, Statement of claim, Statement of defence, Amendments to the claim or defence, Pleas as to the jurisdiction of the arbitral tribunal, Further written statements, Periods of time, Interim measures, Evidence etc.
  • Section IV: The award – Contains: Decisions, Form and effect of the award, Applicable law, Settlement or other grounds for termination, Interpretation of the award, Correction of the award, Additional award etc.
The UNCITRAL updated arbitration rules were adopted on June 25th 2010 and came into force on August 15th 2010. If you are interested to read the revised 2010 rules, you may find them here.

NB: This summary is only for information and is not designed to interpret or replace the reference document, which remains the only binding legal text.

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Book: Incoterms® 2010 by International Chamber of Commerce

The International Chamber of Commerce has announced yesterday, on September 16th in Paris, about the launching of the new book Incoterms ® 2010 which contains the new internationally-recognized trade terms and rules entering in force at January 1st 2011.

Rajat Gupta, the ICC Chairman said “Before ICC developed the Incoterms® rules, the different terms were often subject to varying interpretations in different countries, often giving rise to disputes and litigation”.
“Today the Incoterms® rules for the usage of terms such as Ex Works (EXW), Free on Board (FOB), Cost and Freight (CFR) and Cost, Insurance and Freight (CIF) are part of the recognized canon defining the responsibilities of buyers and sellers in transactions for the sale of goods worldwide.”

As ICC informs, the number of rules has been reduced from 13 to 11 and two new rules have been created: Delivered at Terminal (DAT) and Delivered at Place (DAP).
The Incoterms rules are accepted over the world by all the authorities, representing the definition of the terms used in international trade.

For more details or if you wish to purchase Incoterms® 2010, may visit directly the official website: www.incoterms.com

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Independence Law Firms Forum

The Independent Law Firm Forum will take place next year on 17 March 2011 (date should be confirmed) at Renaissance Chancery Court, London, UK and it will be a great opportunity to meet together managing partners of law firms as also partners and senior lawyers.

This year (in March 2010) between firms attending to the event have been Schoenherr, Haarmann Partnerschaftsgesellschaft, Andreas Neocleous & Co, BMA Brandstätter Rechtsanwälte, Abreu Advogados, Brada Kuttner Attorneys, EMW Picton Howell and many others.

The conference advisory board this year included Elvan Aziz Bikman, Paksoy (Turkey); Frederic Donnedieu de Vabres, Arsene Taxand (France); Christopher Morgan, Honda (UK), Fernando Quicios, PEREZ-LLORCA (Spain), Jack Schiffer, Beiten Burkhardt (Germany), Charles Vernon, Vernon David (Romania).

The event will be hosted by Legal Week magazine, more details may read on official website www.independentlawfirmsforum.com.

The Independent Law Firm Forum offers a vibrant business climate and diverse cultural background being a perfect place for all participants to spend time together and share the knowledge and experience.

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The Treaty of Lisbon

Starting with December 1st 2009, the Treaty of Lisbon has entered into force, concluding in this way a long period of debates and negotiations regarding to institutional issues.

The treaty of Lisbon has a major importance for European Union, providing the legal framework and tools for the Europe of 21st century.
As EU informs the treaty contains few main points as bellow:

  • A Europe more democratic and transparent;
  • More efficient and modern institutions;
  • More justice, freedom and security for Europe;
  • Good polities for a better position of Europe in the world.
Regarding to the first point, the Treaty of Lisbon points three principles of democratic governance in Europe:
  • Democratic equality: the European institutions must give equal attention to all citizens
  • Representative democracy: a greater role for the European Parliament and greater involvement for national parliaments
  • Participatory democracy: new forms of interaction between citizens and the European institutions, like the citizens' initiative
Regarding to the institutions, there are seven EU institutions: the European Parliament, European Council, Council, European Commission, European Court of Justice, European Central Bank and European Court of Auditors. The treaty adjusts some parts of them to gain a better efficiency.

Regarding to area of Justice, Freedom and Security which have a high priority for the European Union, the Treaty of Lisbon facilitates more comprehensive, legitimate, efficient and transparent actions in this field.

The policies are pointing few major aspects as Climate change and the environment Energy, Civil protection, Public health, Public services, Regional policy, Research, Commercial policy, Sport, Economy, Data protection, Tourism.

NB: This summary is only for information and is not designed to interpret or replace the reference document, which remains the only binding legal text.

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Increasing Profits to your Law Firm

Problem: An attorney graduates from law school with knowledge of the law and how to interpret it; but they never learn the day to day operations of the law firm or how to market their practice. That task used to be performed by law students, paralegals and legal secretaries. However, in the field of debtor bankruptcy, many attorneys are preparing their own petitions and marketing their own law firms. In doing so, attorneys eliminate 90% of their overhead expenses and dramatically increase their profits.

But where does an attorney go to learn how to properly prepare a bankruptcy petition? There are many CLE courses for bankruptcy but none of them specifically address the Chapter 7 or 13 petition. In the past, attorneys and paralegals had to learn either through trial and error (with the court) or by training through someone who had the experience. But this type of training is not only inconsistent but it does not guarantee professional quality. And without these two ingredients, the law firm for a bankruptcy attorney will lose profits and eventually collapse.

It is a known fact that if the bankruptcy petition is prepared correctly in the beginning, the entire case will process through the system with less complications. Additionally, potential problems can be addressed before filing; thus saving even more time and money.

REAL LIFE EXAMPLE
A law firm in Maryland was told by several of their attorney friends that preparing the bankruptcy petition paperwork was a piece of cake. So, when a client came into the office with $4,000 in their hand wanting to file a Chapter 13 because of a foreclosure sale in 2 weeks, they promptly filed an emergency petition to save the home.

Typical example right?
Yes, but this is normally a bad decision. It is a proven fact that if clients wait until the last minute to save their home, it is going to be extremely difficult and time-consuming to gather all the information needed to properly prepare the petition. And when an Emergency (or Skeleton) petition is filed, the attorney only has 15 days to get the remaining schedules and Chapter 13 Plan filed.

When they run out of time, many attorneys are then forced to file an extension, which automatically causes the attorney to appear disorganized and unreliable. These negative feelings (that the court may form from this behavior) can have an effect on future cases the attorney may file. Therefore, it is vitally important for the attorney to learn how to earn brownie-points with the court rather than create negativity from the beginning.

A SUGGESTED METHOD
When I set up new law firms and train new attorneys in paralegal-type operations, I always stress never to file an Emergency petition unless it is absolutely necessary and there are no other alternatives. Besides, when the debtor is aware they are on a deadline to save their home, they are more inclined to get the information the attorney needs to prepare the petition. However, when an Emergency petition is filed, the client thinks everything is covered and they are not motivated to get the information needed as quickly.

Secondly, new attorneys need to realize that properly preparing a Chapter 7 or Chapter 13 is VERY DETAILED and a great deal of information is required (much like IRS tax returns.) Without this information, the attorney will normally be filing several amendments to the schedules and a great deal of time will be lost; and time is money.

REFERENCES
If you would like to learn methods to save your bankruptcy law firm a great deal of time and money; and how to increase your profits, please contact the author, Victoria Ring.

About the author, Victoria Ring:
Victoria Ring is an author, publisher and entrepreneur with over 20 years experience in the small business marketing field and 32 years experience in the legal field. She has published and authored 22 books, hundreds of articles as well as a series entitled "Victoria's Reports" which centered around the topic of marketing and building a successful freelance business working from home.

Additionally, Victoria Ring is a Certified Paralegal and Debtor Bankruptcy Specialist. She obtained her Associate's Degree in Business Management from Columbus Business University (1986) and her Associates in Paralegal Studies from Ashworth College (2001.) Her Certified Paralegal Certificate was obtained from the Constitutional Educational Research Foundation of California and her Certified Bankruptcy Assistant Certificate from the Association of Bankruptcy Judicial Assistants.

Victoria Ring was the first to develop an online bankruptcy training school for attorneys and non-attorneys working under the direction of attorneys; providing training in the preparation of a consumer Chapter 7 and 13 bankruptcy petition. These skills are not offered to the general public and new attorneys to the bankruptcy field have a resource to teach them all the basics.

You may contact her directly at:

Colorado Bankruptcy Training
1670 East Cheyenne Mountain Blvd, Suite F257
Colorado Springs, CO 80906
Office phone: 719-465-2442
Mobile: 719-659-0743
Fax: 719-325-8332
E-mail: victoriaring1958@gmail.com, Web-site: www.victoria-ring.com 

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Business services on Slovak market

If you are looking for business services for commercial firms operating on the Slovak market in the field of corporate law, particularly in the foundation of companies, we offer you our services in collaborating with our Slovak partner.

The provided services are described below:

  • Foundation of company in Slovakia;
  • Ready-made company (registered in Slovakia);
  • Registering offices and virtual offices;
  • Supporting you with all the business arrangements (renting the meeting rooms, offices, workstations etc.).
Our partner’s offer a wide range of services as: advice regarding to choose the most appropriate company structure, fitting perfectly to your business as well as providing you support for services relating to financial, legal and tax regulations (affecting business in the Slovak or Czech Republics).

Due to the high quality services as well an individual approach to the client, together with our business partner will follow our main goal acting for a complete satisfaction of every client we serve. If you are interested, please contact us at office@just-searching.com or by phone at +33 777257850 and we will be in touch with you. We are happy to support your business!

For more details, please contact us at office@just-searching.com or by phone at +33 777257850.  

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DUI Attorney-at-Law (Miami)

Do not allow a DUI arrest to ruin your life. You must act immediately if you want to save your license and your reputation. Randy Goodis, an excellent DUI attorney in Miami, has a national reputation for successfully representing clients charged with DUI.

“My past experience has allowed me to understand the nuances of DUI cases from every angle, and I’m committed to helping my clients fight every case. If you need a Miami Dade, Osceola or Broward County DUI attorney who will work as hard as possible to win your case, turn to our team.”, said Randy Goodis.

More, he explained: “A DUI is a serious conviction, and to make it worse, there are new restrictions and updates in the law. A few minutes of carelessness can affect the rest of your life. We offer you help to overcome harsh times if you have been charged with a DUI.

Mr. Randy Goodis has lectured at DUI seminars attended by defense lawyers and prosecutors in the last few years, where he gives tips and advice on winning DUI cases. Mr. Goodis handles motions, violation of probation hearings and trials in thousands of cases from Key West to Northern Florida.
On his official website, Randy Goodis presents his case victories and offer a lot of information about DUI cases (law updates, which are the penalties if you plead guilty, helps you to analyze how strong is your case etc.).

You may get in touch with Mr. Randy Goodis, following the below contact details:
Phone: 888-348-8DUI (8384) Toll Free. Fax: 954-922-8887

E-mail: dui@randygoodis.com

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Book: International Commercial Arbitration 3rd edition

The International Commercial Arbitration (the 3rd edition) by Gary Born, was published in January 2009 in Netherlands and there is one of the most comprehensive book regarding the international commercial arbitration.

It a perfect guide through all that means international arbitration agreement and procedures. As a symbol of its value, it was voted by OGEMID (Oil, Gas, Energy, Mining and Infrastructure Dispute) as “International Dispute Resolution Book of the Year 2009”.

Few of the reviews regarding to book:
A splendid treatise on international commercial arbitration which is unsurpassed in the breadth and depth of its exposition and in the acuity of its analysis. It marries the industry of the meticulous scholar with the pragmatic judgment of one of the international arbitration's leading practitioners. A great achievement.
by Stephen Schwebel, former President, International Court of Justice
An undisputed classic (and a) must for counsel, arbitrators, scholars and students.
by Horacio A. Grigera Naon, former Secretary General, ICC International Court of Arbitration
This is an unparalleled book on the law, practice and theory of international commercial arbitration. It explains every aspect of international arbitration with both impressive doctrinal detail and exceptional theoretical acuity, and will be indispensable for both practitioners and academics.
by Professor Jack Goldsmith, Harvard Law School 

The Book was published by Kluwer Law International and the (informative) price is USD 455, and it remains a guide for the international arbitration agreement and procedures.

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Alternative Fee Arrangements: Value Fees and the Changing Legal Market

Ark Group has published in May 2010 a book regarding alternative fee arrangements for legal companies, a book which focuses on fee restructuring inside the legal firm and offers a solution to billing clients using non-hourly rates: Alternative Fee Arrangements: Value Fees and the Changing Legal Market. 
 
Patrick Lamb, the author, is one of the founding members of Valorem Law Group, LLC who was named by American Bar Association in 2009 as legal rebel. In January 2008, he and few legal consultants have started a new law firm based on non-hourly fee, as a result of his believers that value fee counts more and has more benefices than hourly fee, for lawyers as also for clients.

A fixed fee based on work value is more comfortable for the client as well as less stressful since costs would be more predictable from the beginning of the work. It also could be very motivated for the lawyer, in terms of using the right time (as quantity and quality) for a better efficiency. In this way, the attorney will manage much better his time spends with a matter, giving it a better value.

All these points as also how could a lawyer to evaluate the value of the fee for his legal services rendered, using management control tools, or how to adapt the company culture in order to start practicing a new fee structure, are very well described by P. Lamb in his book.

Alternative Fee Arrangements represent a step forward for a better relationship lawyer-client, as well as a step forward for obtaining a better law firm profitability and efficiency.

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The European Union Tenders Electronic Daily

The European Union Official Journal publishes a daily supplement regarding to all European tenders.
TED (Tenders Electronic Daily) is the online version of the "Supplement to the Official Journal of the European Union", dedicated to European public procurement.

Accessing TED is free of charge and you may find on official website, all the European public business opportunities. The information provided is updated five times per week and is sorted by country, region, business sector etc.

The official website provides a “buyers corner” with standard forms for public procurement and useful legislation links and a “suppliers’ corner” with public procurement databases and also legislation links.
For example, for Austria, the procurement authorities are: Bundesvergabeamt / Federal Public Procurement Office and Online-Ausgabe des Amtlichen Lieferungsanzeigers.

Daily, the Supplement to the Official Journal publishes in 23 EU official languages, over 1,000 tenders containing invitations to tender in the following sectors:

  • Public contracts for services, works AND supply and from all EU Member States;
  • Utilities contracts (water, energy, transport and telecommunications sectors);
  • Public contracts from EU institutions;
  • Phare, Tacis and other contracts from Central and Eastern Europe;
  • European Investment Bank (EIB), European Central Bank (ECB) and European Bank for Reconstruction and Development (EBRD) financed projects;
  • Public contracts for air services etc.
Also, for anyone interested in Public Procurement Law, may access PLAN Network - Procurement Law Academic Network and became, free of charge, a member.

As a member you may get in touch with other persons involved in this field, publicize your research and also find what others members advertised. More details on PLAN Network website: www.planpublicprocurement.org.

NB: This summary is only for information and is not designed to interpret or replace the reference document, which remains the only binding legal text. Source: www.simap.europa.eu.

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Enterprise Europe Network – support for small businesses

The Enterprise Europe Network is committed to support small European business and promote entrepreneurship. EEN through its collaboration with local business organizations may help you with developing business on new markets, as also accessing to EU funds.

The Enterprise Europe Network is a key element of the Competitiveness and Innovation Framework Programme (CIP) - regulated by Decision1639/2006/EC of the European Parliament and of the Council of 24 October 2006 - and brings together the expertise of the former Euro Info Centres and Innovation Relay Centres.

The services of the Enterprise Europe Network include:

  • providing information on the EU policies, programmes and legislation which are relevant to a particular business’s activities;
  • facilitating access to funding by making businesses aware of the available opportunities;
  • encouraging businesses to become more innovative and helping them to participate in research programmes and form technological partnerships;
  • helping businesses to identify trustworthy commercial partners;
  • exchanging best practice;
  • promotional and information material.
Branches of EEN are in all EU countries as in many other non-EU countries (Armenia, Chile, Croatia, Egypt, USA, Mexico, Turkey, Russia, Norway etc.).

For any legal issues the EEN experts are helping with EU legislation as well as they may alert you to tender opportunities and provide training if is required.
More details on EEN website: www.enterprise-europe-network.ec.europa.eu

NB: This summary is only for information and is not designed to interpret or replace the reference document, which remains the only binding legal text.

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Conference on European Intellectual Property Law

The conference regarding to European Intellectual Property Law is an event focused on trademarks and domain names being a perfect meeting place for attorneys in private practice or other practitioners of law dealing with intellectual property rights.

It is organized by ERA Conference Center in Trier (Germany), on 2nd and 3rd December 2010. ERA (Academy of European Law) has been founded in 1992, following the recommendation of European Parliament which has suggested to EU Commission to invest in a centre for the continuing education of lawyers in order to improve the application of European law.

The European Commission agreed to the Parliament's decision to provide the Academy with regular funding and Trier was chosen as the location of ERA because of its proximity to the judicial capital of the European Union in Luxembourg.

As ERA informs, the main discussion points at the conference are: cross-border copyright protection and designs, registered and non-registered EU designs, similarities and differences in design protection in different member states, most recent case law in the field of trademarks and domain names.

Having interested subjects to debate and professional speakers, the event will be a great meeting for legal practitioners to order to discuss interested points related to intellectual/industrial property law.

Source: www.era.int  

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Book: The Art of Advocacy in International Arbitration 2nd edition

Few of the leading arbitrators have came together and focused in their book The Art of Advocacy in International Arbitration, on cultural differences in international arbitration as also on diverse technique that have been developed for good written and oral advocacy.

The book has published by Juris Publishing in May 2010 in USA and below may read few of the chapters:

Part I: Advocacy in International Arbitration

  • Chapter 1: Cultural Differences in Advocacy in International Arbitration by Jan Paulsson
  • Chapter 2: Differences in the Approach to Witness Evidence Between the Civil and Common Law Traditions by Anthony C. Sinclair
  • Chapter 3: The Ethics of Advocacy in International Arbitration by Catherine A. Rogers
Part II. Psychological Persuasion
  • Chapter 4: Psychological Dynamics in International Arbitration Advocacy by Richard C. Waites and James E. Lawrence
  • Chapter 5: Psychological Factors in the Arbitral Process by Sophie Nappert and Dieter Flader
Part III: Strategy
  • Chapter 6: Strategic Considerations in Developing an International Arbitration Case by David W. Rivkin
  • Chapter 7: Advocacy in Practice: The Use of Parallel Proceedings by Emmanuel Gaillard and Philippe Pinsolle
Part IV: Written Advocacy
  • Chapter 8: Effective Written Advocacy by Guillermo Aguilar Alvarez
  • Chapter 9: Pleadings, Memorials, and Post-Hearing Briefs Mark Friedman
  • Etc.
Part V: Oral Advocacy
  • Chapter 13: Pre-hearing Advocacy in International Arbitration Lucy F. Reed and Alexander A. Yanos
  • Chapter 14: Opening Statements by Toby Landau and Doak Bishop
  • Etc.
Part VII: Advocacy from the Perspective of the Arbitrator
  • Chapter 24: Advocacy From the Perspective of the Civil Law Arbitrator by Bernardo M. Cremades and Ignacio Madalena
  • Etc.
  • Chapter 26: Advocacy Regarding Damages in International Arbitration Craig S. Miles 
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The British Legal Awards 2010

The Legal Week magazine announces that the British Legal Awards for 2010 will take place at Billingsgate Market (London, UK) on December 2nd.

The event will have as sponsors: FWBS, Mourant du Feu & Jeune, Ozannes and many others and it will promote and award the best and innovative local and international law firms, as also legal companies from banking & finance area, litigation field etc.
Between the announced categories are:

  • Law Firm of the Year;
  • Law Firm Innovation Award;
  • Banking, Finance or Restructuring Team of the Year;
  • Litigation and Regulatory Team of the Year;
  • Private Client/Family Team of the Year;
  • Assistant Solicitor/ Associate of the Year etc.
There are also international awards as:
  • European Law Firm of the Year;
  • European Legal Team of the Year;
  • European Managing Partner/Senior Partner of the Year;
  • Middle East and African Law Firm of the Year;
  • Offshore Law Firm of the Year.
Any company may participate as long as it meets the criteria for a specific category. The criteria for each category are mentioned on the official website www.britishlegalawards.com.

The judging panel will be represented this year by: Bill Knight, Chairman of the judging panel (past President City of London Law Society, Chairman of Financial Reporting Review Panel), Tony Angel, Executive Managing Director EMEA, Standard & Poor's; Juan Bullón Alemán, Counsel, Ferrovial Aeropuertos; Kevin Dunn, General Counsel and company secretary, 3i Group etc.

The event is important for all the legal practitioners, law firms and legal companies being an excellent opportunity to meet together, to discuss and award the best of them.

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EU Commission versus Visa Europe interbank fees

On December 8th 2010 at Brussels, the European Commission has made legally binding commitments offered by Visa Europe, to significantly cut its multilateral interchange fees (MIFs) for debit card payments.
Interchange fees are charged by a cardholder's bank (the 'issuing bank') to a merchant's bank (the 'acquiring bank') for each sales transaction made at a merchant outlet with a payment card.

Interchange fees are either agreed bilaterally, between one issuing and one acquiring bank, or multilaterally, by a number of issuing/acquiring banks or by means of a decision binding all banks participating in a payment card scheme. The industry refers to these multilateral interchange fees as "MIFs". A MIF can be a percentage, a flat fee or a combined fee (percentage and flat fee).

In March 2008, The European Commission has decided to open formal antitrust proceedings against Visa Europe Limited in relation to its multilateral interchange fees (MIF) for cross-border point of sale transactions.
The legal base of this procedural step is Article 11(6) of Council Regulation No 1/2003 and Article 2(1) of Commission Regulation No 773/2004.

Article 11(6) of Council Regulation No 1/2003 provides that the initiation of proceedings relieves the competition authorities of the Member States of their authority to apply the competition rules laid down in Articles 81 and 82 of the EC Treaty. Moreover, Article 16(1) of the same Regulation provides that national courts must avoid giving decisions which would conflict with a decision contemplated by the Commission in proceedings that it has initiated.

Article 2(1) of Commission Regulation No 773/2004 provides that the Commission can initiate proceedings with a view to adopting, at a later stage, a decision on substance according to Articles 7-10 of Council Regulation No 1/2003 at any point in time, but at the latest when issuing a statement of objections or a preliminary assessment notice in a settlement procedure. In the case at stake, the Commission has chosen to open proceedings before any such further steps.

On December 8th 2010, in order to respect the EU decision, Visa Europe has offered to cap the weighted average MIF for consumer immediate debit card transactions at 20 basis points (bps), i.e. 0.20% per transaction. For instance, if the average transaction value were €50 an average MIF of maximum 10 cents would be applied.

The cap would be applicable to cross-border transactions within the European Economic Area (EEA) and, separately, to domestic transactions in each EEA country where MIFs are either set directly by Visa Europe (Greece, Hungary, Iceland, Ireland, Italy, Luxembourg, Malta, the Netherlands, and Sweden) or the Visa Europe cross-border rates would apply by default.

NB: This summary is only for information and is not designed to interpret or replace the reference document, which remains the only binding legal text.
Source: http://europa.eu Reference: IP/10/1684 Date: 08/12/2010

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27th AAA/ICC/ICSID Joint Colloquium on International Arbitration

For more than 25 years, three international associations American Arbitration Association (AAA), the International Centre for Settlement of Investment Disputes (ICSID) and the ICC International Court of Arbitration® are together co-sponsors to a various meetings of discussions.

As ICC informs, this year, the 27th AAA/ICC/ICSID Joint Colloquium on International Arbitration will take place in Paris, on November 17th 2010.

This will be an opportunity to bring together independent lawyers as well as law companies and arbitrators from a broad range of countries, to follow and discuss about privilege in international arbitration, allocation of costs in arbitral proceedings and many other.

Also, Freshfields Bruckhaus Deringer will sponsor the Gala Dinner organized by ArbitralWomen at Hotel Prince de Galles (Paris), in the evening of November 17th 2010. Please notice, the ArbitralWomen celebrates this year the 5th anniversary of the foundation of the Association.

The official website of ArbitralWomen informs that they will award the first Honourable Man Award, which will be shared this year by:
Donald Francis Donovan and Klaus Reichert.

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Dictionary: Black's Law Dictionary 9th edition

The 9th edition of the law dictionary is a deluxe leather bound edition (thumb-indexed). It has been published by Thomson West in July 2009 and remains one of the most comprehensive summary of legal terms.

Brian Garner has had the brilliant idea to put together the most important, significant or used legal terms and to explain them into a very easy, understandable way, offering more than a dictionary, a “gold standard for the language of law” as the reviews said.

The 9th edition of the dictionary contains definitions of more than 1000 law-related abbreviations and acronyms, also provides alternate spellings or equivalent expressions for more than 5,300 terms.
The information provided as also all the juridical terms have been reviewed and completed by around 200 lawyers as to be everything legally right.

This is definitely a book which any legal professionals should have it in his personal library, a reference book for any time when a better understanding of legal terms is required.

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Conference: Cross Border Arbitration & Dispute Resolution 2010

The event:Cross Border Arbitration & Dispute Resolution 2010 will take place on November 15th and 16th 2010 in London, UK having on the main list indentifying the problems and trying to find solutions regarding to the international arbitration matters.
Speakers will include:

  • James Clanchy, Registrar and Deputy Director General, London Court of International Arbitration, UK
  • Pierre Bernard, Secretary General, Elia Group, Belgium
  • Tim Kneipp, International Contracts Manager, Corporate Services, BAUER Spezialtiefbau GmbH
  • Victora Orlowski, Counsel, International Court of Arbitration
  • Kathleen Bryan, President And CEO, The International Center For Conflict Prevention & Resolution (CPR), USA and many others.
On the first conference day, speakers will focus on international arbitration aspects (practice and rules) and on the second day they will talk about role of cross examination in international arbitration as also how to deal with investment treaties.
The conference will be a great event for legal practitioners, a place for updating information, for a better understanding of alternative dispute resolution, a place of meeting and group discussions.

Source: http://www.informaglobalevents.com

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Book: Defending Possession Proceedings 7th edition

In August 2010 was published by Legal Action Group, the 7th edition of the book: Defending Possession Proceedings, wrote by authors Jan Luba QC, John Gallagher, Derek McConnell and Nic Madge.

Once the first edition was published in 1987, the book has became fasten a guide for theoretical law aspects as well as practice legal guide for possession proceedings against occupiers of residential property.
The main content of the book deals with three principal types of occupier, namely, the social housing tenant, the private tenant and the mortgage-borrower.
 
Thinking after the good reviews, this is absolutely a great book which we have to follow when we deal with possession proceedings. Solicitors Journal says: If defending possession proceedings is the task facing you, then this is the book to use.

As LAG informed, this new edition of the book contains chapters as:

  • Family Intervention Tenancies
  • Public law defences
  • Human rights defences
  • Disability discrimination defences
  • Rent arrears and bankruptcy
  • Islamic home purchase
Defending Possession Proceedings remains a book which is recommended for legal advisers as well as for potentials occupiers.

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EU Regulation: Genetically Modify Organisms

The consumption of genetically modify organisms (GMO) has been regulated by a specific authorization procedure, in 2003: “Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed” with the amended acts:

Regulation (EC) No 1981/2006 – which started to be applied with 12.1.2007
Regulation (EC) No 298/2008 – which started to be applied with 10.4.2008
The amended acts have been published in Official Journal L 368, 23.12.2006 and Official Journal L 97, 9.4.2008.

The regulation applies to three types of products: genetically modified organisms for food and feed use; food and feed containing GMOs; food and feed produced from or containing ingredients produced from GMOs.
According with it, all products approved in accordance with the Regulation are subject to compulsory labeling. The means that consumers have more information than before about GMO products for human or for animal consumption (the words “genetically modified” or “produced from genetically modified [name of organism]” must be clearly displayed on the labeling).

The Regulation provides for a single authorization procedure, “one door - one key”, for all food and feed containing GMOs.
In order to obtain a food authorization, the industrial operator must apply for authorization under this Regulation. Under the “one door - one key” procedure, it submits a single application for food and feed uses and for cultivation.

NB: This summary is only for information and is not designed to interpret or replace the reference document, which remains the only binding legal text.

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Conference: International Bar Association 2010, Vancouver, Canada

International Bar Association announces that the annual conference will take place in Vancouver, Canada, between 3 – 8 October 2010. 

The event is one of the most important organized by IBA during the year, which get together legal specialists from the entire world, offering the great opportunity to discuss, find and share the personal experience and knowledge.
As IBA informs, the average regional attendance to annual conference between 2007-2009 was distributed as follow:

  • From Europe 43% (the majority);
  • From North America 16%;
  • From Asia and Australia 15%;
  • From Africa 14%;
  • From South America 12%.
Offering an international environment, last year have been attended around 5000 participants from different organizations, law firm and legal service providers, from 127 different international jurisdictions.
Hendrik Haag, Chair of the Legal Practice Division says: “During our time in Vancouver, you will be able to select from over 150 sessions presented by the LPD sections, committees, and specialist groups that cover a wide selection of substantive topics currently affecting all areas of law.”

“The IBA Annual Conference is a special opportunity each year for international practitioners in every field to bring together their expertise for the benefit of all. There is no better occasion for lawyers to gain useful and interesting substantive knowledge on such a broad scope of topics, while at the same time enjoying the pleasure of seeing old friends and making new ones in this wonderful city.”

If you are interested to attend, full details of how to join can be found on IBA official website.

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EU Commission communication: obtaining Energy from Fossils

In January 2007 the EU Commission has communicated about “Sustainable power generation from fossil fuels: aiming for near-zero emissions from coal after 2020”. (Please notice that it wasn’t published to Official Journal.)

The fossil fuels are very important for European Union, knowing that more than 50% from the EU energy provides, in the present moment, from fossil fuels (especially natural gas and coal).
However, all use of fossil fuels lead to CO2 emissions, currently the most critical cause of global warming. If fossil fuels are to continue playing their valuable role in the energy mix, solutions must be found to limit the impact of their use to levels compatible with sustainable climate objectives.

That is why, the EU Commission has discusses about:
- technologies for generating energy from fossil fuels;
- how these technologies may be developed;
- and which could be the costs relative with the benefits for this goal.
So ‘Clean Coal’ technologies have been developed and are now widely used in the power generation sector, substantially mitigating the problems of local pollution and acid rain by considerably reducing emissions of SO2, NOx, particulates and dust from coal-fired power plants.

Clean Coal technologies have also brought about a steady increase in the energy efficiency of the conversion of coal into electricity, although there is still scope for substantial improvements in the energy efficiency of large-size coal-fired power plants through the continued development of these technologies.
The best available technology will have to be used for modernizing the EU's stock of coal-fired power plants, enabling CO2 emissions generated by them to be cut by 20% by 2020.

The Commission will assess whether using the best available technology is effective and will consider proposing the adoption of legally binding instruments to promote it where necessary.
Regarding the costs associated with these technologies, at the present moment the estimated cost for CO2 capture from power generation and subsequent storage at the current level of technology development range up to €70 per tonne of CO2, so the large-scale use of these technologies is prohibitively for the moment.
However, major technology improvements are anticipated for the coming years. Available models and studies with a medium- to long-term perspective estimate the costs by 2020 at about €20-30 per tonne of CO2.
Please notice that the present communication is part of the "energy package" published by the Commission in January 2007, which sets out a new European energy policy with quantified targets.

Other related acts:
EU Commission Communication from 10 January 2007 on an Energy Policy for Europe (not published in the Official Journal).
EU Commission Communication from 10 January 2007 "Limiting Global Climate Change to 2 degrees Celsius - The way ahead for 2020 and beyond" ( Not published in the Official Journal).
EU Green Paper Commission from 8 March 2006 "A European Strategy for Sustainable, Competitive and Secure Energy" ( Not published in the Official Journal).

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Book: Human Rights and the Protection of Privacy in Tort Law

In the end of the August 2010, Routledge-Cavendish published the book: Human Rights and the Protection of Privacy in Tort Law: A Comparison between English and German Law by Hans-Joachim Cremer.

As the publisher informs, Hans-Joachim Cremer is Professor at Public Law and Legal Philosophy at the University of Mannheim. He won the University’s Ruprecht Karl's Award in 1995, with his dissertation on legal protection against expulsion and deportation.

Few of the main chapters of the book are mentioned below:
Cap.1: Aspects of Comparison and the European Convention on Human Rights in the Context of German Law; Cap.3: Drittwirkung under the ECHR: Human Rights Obligation of State Authorities and their Influence on Judicial Decisions in Private Law Disputes; Cap.4: Drittwirkung of Constitutionally Guaranteed Basic Rights in the German Legal Order etc.

Cremer is focused on how English courts may use some of the German legal structures in order to follow and respect the European Court of Human Rights, especially in privacy protection field. He offers an interested and useful comparison between English and German law.

The Book: Human Rights and the Protection of Privacy in Tort Law: A Comparison between English and German Law  

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Book: Cases that Changed our Lives

LexisNexis Butterworths has published in September 2010 a very interesting book containing a collection of the most important lawyers’ cases, named Cases that Changed our Lives.
The book has seven chapters and each of these contains legal essays of a certain practice area as:

  • Public law (Dr Bonham's Case - Andrew Goddard QC and Marie-Thérèse Groarke, The Factortame Litigation - Dr Jo Hunt etc.);
  • Land law (A right to resist? The Trial of Dr Sacheverell - Dr Craig Rose etc.);
  • Criminal law (Legal insanity: the enduring legacy of Daniel M'Naghten's Case - Jeremy Dein QC and Jo Sidhu etc.);
  • Civil law (Legal celebrity or jurisprudential substance? Caparo Industries plc v Dickman and other - John Randall QC etc.);
  • The right to life ("How ... the deceased came by his death ... ": R (on the application of Middleton) v West Somerset Coroner - Dr Karen Widdicombe etc.);
  • The state and terrorism in the twenty-first century (The state and terrorism in the twenty-first century etc.);
  • Family law (Is it that simple? Stack v Dowden and buying a house together - His Honour Judge Stephen Wildblood QC etc.).
The book is focusing on cases which had and still have an impact for our lives and remains a must-read book for legal practitioners as also for the law students.

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European Union Prize for Justice: Crystal Scales

Starting with 2005 the European Commission and the Council of Europe have awarded the prize: Crystal Scales of Justice.
 
To participate, is mandatory to fill all the eligible criteria, mentioned in the prize’s rules and then to apply and submit them to the European Commission or the Council of Europe. The competition is open to associations of legal professionals or other legal organizations responsible for justice affairs, courts etc. from European Union, having the goal to reward and highlights the innovative and efficient practices in the field of justice.

The global budget prize is: 109 million euro and the entire programme duration varies between 5 and 7 years.
He prize has been awarded in 2005, 2006, 2008, 2009 and for 2010 will be awarded next month.
This year the event will be on October 25th in Ljubljana (Slovenia), the day - October 25th - having a special importance for the justice, because represent The European Day of Civil Justice.
Last year, on June 5th 2009, the event has taken in Brussels and have been 4 finalists:

  • European Criminal law and Human Rights Chamber (Netherlands)
  • Mentor Scheme (Czech Republic)
  • SAS – e-justice used in the Public prosecutor's office of the Land of Brandenburg (Germany)
  • Voluntary work of convicts (Poland)
The price was won by Poland’s Central Board Prison Service with the theme: “Voluntary work of convicts in Poland” and the other three finalists have received, each of them, a special mention.
First time when the price started to be awarded, in 2005, the winner was a Finnland with theme: Quality project in the courts of the jurisdiction of the court of appeal of Rovaniemi.

Source: European Council website

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Course: Clinical Negligence Litigation, UK

BPP is a leading company which offers training for professionals as also helps students to develop and improve their knowledge through their courses.

BPP owns a Law School and a Business School and they are the only private sector company which have the power to award university degrees in the UK.
On the following months (September, October November 2010) as also on the next year, 2011, BPP informs that it organizes the course named Clinical Negligence Litigation, in London, Manchester, Birmingham and Leeds.

The course provides information about basic law and procedures of clinical negligence claims from a perspective of solicitors acting for claimants.
As BPP informs the course will cover the following points:

  • Taking instructions, limitation and funding;
  • Breach of duty, causation of injury and damages;
  • Medical records and other documents and witness statement;
  • Issue and service, analysing the defence and case management;
  • Exchanging witness and expert evidence and experts’ meetings;
  • Fatal claims and claims for children etc.
The course is a great opportunity for lawyers experts in civil litigation who would like to know more or update the information with clinical negligence litigation aspects.

More details, prices and how to apply on BPP official website www.bpp.com.


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EU Regulation: Precursors of drugs

In December 2004, The European Union Commission has communicated about controls on imports, exports and transits of chemical substances used for the manufacture of illicit synthetic drugs.

The act is: “Council Regulation (EEC) No 111/2005” from22 December 2004 regarding laying down rules for the monitoring of trade between the Community and third countries in drug precursors and has started to be applying with 15 February 2005. It has been published in OJ L 22 from 26.1.2005.

Drug precursors refer to substances used for the illicit manufacture of narcotic drugs and psychotropic substances. The regulation applies to imports, exports and transit of drug precursors with a view to preventing their diversion.

The purpose of this regulation is to:
• introduce import and export authorization requirements for the drug precursors concerned;
• require all operators to label and properly document drug precursors.

The documentation shall be kept by the operators for a period of three years from the end of the calendar year in which the operation took place. The documentation shall be organized in such a way, electronically or in paper form, that it is readily available for inspection by the competent authorities upon request.

Operators shall ensure that labels are affixed on any packaging containing scheduled substances indicating their name as stated in the Annex, or, in the case of a mixture or a natural product, its name and the name of any scheduled substance, as stated in the Annex, contained in the mixture or in the natural product. Operators may, in addition, affix their customary labels.

• require that all operators be licensed;
• make sure that all drug precursor consignments are inspected in the EU;
• strengthen import and export controls;
• conduct special controls at EU level in areas where the risk of diversion is high, such as free zones and transhipment zones.

NB: This summary is only for information and is not designed to interpret or replace the reference document, which remains the only binding legal text.

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