Recent Supreme Court’s judgment in relation to international child abduction: Following the exception
The recent Supreme Court’s case under the title: MINISTER OF JUSTICE AND PUBLIC ORDER (AS A CENTRAL AUTHORITY BASED ON THE LAW (Law 11 (III) / 94) AFTER AUTHORIZATION SAVVA v. GIORKATZI, E12/20/20(The Case) which was issued by the Supreme Court of Cyprusis unprecedented for the Cypriot Courts as the Court, decided although there was an abduction in term of the Convention of 25 October 1980 on …
Approaching UK Whiplash Reforms Could Influence Cyprus
The much-expected UK whiplash reforms introduce a new procedure for claims concerning soft tissue injuries from Road Traffic Accidents (RTAs), ultimately aiming to root out minor, exaggerated and fraudulent claims, and to reduce motor insurance premiums. Successful implementation of the reforms, which are now edging closer, may encourage common law jurisdictions including Cyprus to follow …
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The Change in WhatsApp Privacy Policy and Its Effect on Personal Data Protection Law
On January 4, 2021, the most preferred online messaging application worldwide, WhatsApp, announced that it will change its privacy policy.
Withholding Tax Issue in Digital Advertising Services
For startup companies, adjusting technology to needs, or creating new needs, with the products and services they offer, and gearing up in our country day by day, one of the key elements is undoubtedly digital advertising activities. With the impact of the Covid-19 epidemic, being visible in digital environments has become the golden rule of …
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A New Tax Controversy: Valuable House Tax
In accordance with the Valuable House Tax (“VHT”) that is regulated through Law Numbered 7194 on the Digital Service Tax and the Amendment of Certain Laws and Law Decree Numbered 375 (“Law No. 7194”), and which is quite new and controversial to Turkey, households in Turkey whose tax value is more than TRY 5,000,000 are …
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Energy Performance Contracts as a Project Financing Method
The objectives of the Energy Efficiency Law[1] (“Law”), which was adopted in 2007, are listed as the efficient use of energy, prevention of waste, lowering the burden of energy costs on the economy, and increasing efficiency in order to protect the environment. In this regard, Article 3(1)(k) of the Law, defines energy efficiency as the reduction …
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Breach of Concordat by the Debtor
A concordat is a reconstruction agreement that is regulated under Articles 285-309 of the Execution and Bankruptcy Law (“EBL”), and aims to protect both the debtors in poor financial standing, as well as their creditors. Concordats had been applied in our country for a considerable time in the past; however, their popularity ceased after suspension …
Halliburton Decision on Apparent Bias: Violation without Consequences
The English Court of Appeal once reasoned, “Impartiality is the watchword of all tribunals, including arbitrators.”[i] This is indeed true. Arbitrators’ independence and impartiality, both in connection with the parties and the dispute itself,[ii] are fundamental to the arbitral process.
Parent-Subsidiary Liability Within the Scope of Foreign Corrupt Practices Act
Traditionally, with an aim to prevent corrupt practices internationally, pursuant to the Foreign Corrupt Practices Act (“FCPA”), offering anything of value to foreign public officials while performing their duties in order to gain commercial advantages are prohibited.
Actual Carrier in Carriage of Goods by Sea
Performance of the carriage of goods by someone other than the person who undertakes the carriage, both for inland and intentional carriage, is a common circumstance. This unique type of carriage by the sea resulted with the emergence of the concept of “actual carrier” due to its genuine nature and needs evolving over time. This …
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