The Interpretation of ‘Extraordinary Circumstance’ in Air Passenger Rights in Recent CJEU Case-Law
Flight cancellations and delays are not a novel concept. Luckily, the EU Regulation 261/2004 provides rules and conditions whereby passengers can seek compensation and assistance in cases of cancellation or long delays. The regulation is arguably ambitious, in that it grants the ordinary passenger a set of rights which in turn, imposes legal obligations on …
Arrest of Vessels for unpaid Bunker Supplies in the Gujarat High Court – A Change in the Law
Introduction The recent judgment of Dan Bunkering Pte. Ltd v. Best Excellence Corporation Ltd (Civil Application No.1 of 2019 in Admiralty Suit no.8 of 2019) 21 August 2020 has upturned admiralty law in Gujarat. Those familiar with vessel arrests in India may know that the Gujarat High Court had for over two decades permitted bunker …
Turkish DPA’s Announcement on Cross-Border Data Transfers
Turkish Data Protection Authority (“DPA”) published an announcement in October 26, 2020 regarding cross-border data transfers. The purpose of the announcement seems to be providing a general response and the Turkish DPA’s views to the criticism and feedback received from private sector and academic institutions regarding the difficulties in cross-border data transfers.
GDPR decisions – October 2020
All-time high fine of GBP 20 million imposed on British Airways for data breach The Information Commissioner’s Office (the ICO) has given a penalty notice of GBP 20 million (about EUR 22 million) to British Airways (BA) for infringements of the GDPR in 2018 affecting more than 400,000 of the company’s customers.
Put Options and Enforcement of Foreign Awards in India
Introduction In another instance of the Indian judiciary’s pro-arbitration approach, the Bombay High Court in a recent judgement enforced a SIAC award arising out of a dispute relating to a shareholder agreement. The Court rejected public policy objections to enforcement relating to inadequacy of stamp duty and alleged violations of exchange control regulations.
India’s Embrace of Online Courts
Past attempts by the Indian judiciary to digitise cases have not met with much success. The lockdowns following Covid 19 have given a renewed and urgent impetus for virtual justice in India. Recent virtual hearings by the Bombay High Court during the lock- down period met with universal admiration with clamours that this process become …
Employers’ Obligations During Movement Control Order (MCO)
Introduction The world of work is being profoundly affected by the global virus pandemic. In addition to the threat to public health, the economic and social disruption threatens the long-term livelihoods and wellbeing of millions. This unprecedented event has led several business owners to make the critical decision of laying off employees in an effort …
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COVID-19: Tough Issues for Venture Capital Fund Investments
In the survey conducted by 500 Startups, a global venture capital firm, on the members of the startup investor community, majority of investors suggested that COVID-19 will have a negative or somewhat negative impact on early-stage investment activity in 2020. Most of the investors also believe that the impact could last between one and two …
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Liquidation Process in Thailand
Liquidation is the process of extracting a company’s assets and using the liquidated assets to pay off any remaining debts. A dissolved company is required to conduct a formal liquidation process according to the Thai Civil and Commercial Code (“CCC”). For a bankrupt company, the liquidation shall be done in accordance with the provisions of …
Wind Energy Landscape in Malaysia
INTRODUCTION In recent years, the Malaysian Government has attempted to enhance the utilisation of renewable energy (“RE”) which aims to conserve the non-renewable sources from being depleted and to ensure the sustainability of energy supply. RE is included in the Fifth Fuel Policy which was implemented under the 8th and 9th Malaysia Plan as the …