This article considers the reasons that brought the European Court of Justice to declare the invalidity, first of the Safe Harbor and subsequently also of the Privacy Shield. To do this, it analyses the way that led to the drawing up of the Privacy Shield Agreement that regulates the personal dataflow from the European Union to the United States and its subsequent invalidity, declared by the Court of Justice of the European Union. The analysis begins with a description of the different approaches to personal data protection by both the US and the EU. Starting from the principles that constituted Read More
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Introduction In his address at the 2019 Mass Call address, Singapore’s Honourable Chief Sundaresh Menon drew acute attention to his view that “Technology is already beginning to displace lawyers from areas of practice, especially those involving the more routine areas which are more susceptible to automation.” Fast forward two years and the COVID-19 pandemic is […]Read More
The Supreme Court of India in its decision delivered on 20 April, 2021 in the case of PASL Wind Solutions Private Limited v. GE Power Conversion India Private Limited has upheld that: two companies incorporated in India had the right to choose a forum for arbitration outside India; an arbitral award in such a forum would […]Read More
When contracting with Chinese parties it is crucial to select and draft jurisdiction and dispute resolution clauses carefully. This will dramatically increase the chances of a spontaneous performance of a judgement or award and smooth enforcement, in case the counterparty does not obey. To this regard, PRC laws offer the contracting parties the right to […]Read More
What are the challenges for the successful party in a mediation who wants to enforce a voluntary award? What are the specificities of voluntary awards following a mediation-arbitration (Med-Arb) or arbitration-mediation-arbitration (Arb-Med-Arb) negotiation, or in a civil law jurisdiction? Which problems are posed by non-domestic awards? To give you an idea of how to handle […]Read More
Even when parties in international negotiations agree on using a common language particular words may mean different things to different people. Knowing how others interpret what you are saying will make you a far better negotiator. Read More
WTO Dispute Settlement System in crisis: Can ad hoc members
The paralysis of the Appellate Body poses a danger for the survival of the WTO trade system. How could ad hoc members provide a solution to the appeal gridlock?Read More
International negotiation between Mexican and Chinese businesses: Why is it
When concluding contracts in a Western “legal” culture, the parties normally write lengthy contracts with numerous clauses. Perhaps, this is to justify the legal fees to our clients. When reviewing the first sales contract between Asian parties, I recall being genuinely surprised. The contract was short with very concise clauses, possibly even double spacing. Of […]Read More
Introduction In the recent years, the World Trade Organization (WTO) has been subject to severe criticisms on account of its inability to conclude any negotiations. The lack of consensus among its diverse membership, who differ considerably in terms of their economic and socio-political structures and interests, has been at the core of the discussion. In […]Read More
The protection of trade secrets lies not only in how many or which measures are adopted by companies to protect their secrets from being easily disclosed or used. It also lies in how to manage employees well, so they do not disclose trade secrets. In a way, the latter is more important, because the confidentiality […]Read More