Time for Challenging an Arbitration Award

The extent of the residual jurisdiction of the courts to interfere with the awards of arbitrators has always been the subject of much debate between those who believe that the court should have ultimate control and those who argue for finality of awards and the consequent absence of any right of appeal. In England, the balance is struck by allowing appeals and court control of arbitrations in the limited circumstances set out in section 67 (lack of Jurisdiction), section 68 (serious irregularity) and Section 69 (appeal on point of law) of the Arbitration Act 1996. One of the many factors limiting the involvement of the court in reviewing awards is the need under section 70(2) for the application to be made within 28 days of the award. Section 80(5) gives the Court a discretionary power to extend this time limit. (May 2008)

New Litigation Risk: Foreign-Based Employee Permitted to Sue Under Sarbanes-Oxley

Employees working overseas for U.S. companies may be permitted to file litigation in the United States under a decision rendered February 5 in the U.S. District Court for the Southern District of New York. The decision in O’Mahony v. Accenture Ltd. and Accenture LLP also specifically permits application of anti-retaliation provisions of the Sarbanes-Oxley Act to a foreign national employed in a foreign country. U.S. companies with foreign operations should understand the potential ramifications of this decision. (May 2008)

Now, which of you really sold my house?

Moving house, as many people know, can be both a lengthy and costly process. High in most vendors’ minds is the considerable expense they will have to pay by way of commission to the estate agent who successfully markets their property, often set at a rate of 2 to 3 percent of the eventual sale price. With house prices as they are, these are no small sums and unfortunately, when multiple agents are employed by the vendor, this can often lead to more than one agent claiming entitlement to the fee and the parties ending up before the courts. (April 2008)

What Amounts to a Redundancy Dismissal?

In Martland, Newbold & Scott v Cooperative Insurance Society Ltd: Sculley, Mitchell, Mace & Booth v Cooperative Insurance Society Ltd (2008), the Employment Appeals Tribunal (EAT) considered whether the dismissal of an employee and immediate offer of re-employment on new terms and conditions amounted to a dismissal for redundancy. If it did, the employee would be entitled to a statutory redundancy payment. (April 2008)

Unfair Dismissal And Jurisdiction

The EAT held in Hunt v United Airlines Inc UKEAT/0575/07 that a flight attendant who would have been based at Heathrow airport had she not been on long term sickness absence was not employed in Great Britain and as a result could not bring a claim for unfair dismissal when she was dismissed by her employer. (April 2008)

Stress In The Workplace

The House of Lords held in Corr (Administratrix of the Estate of Thomas Corr (deceased) v IBC Vehicles Limited [2008] UKHL 13 that an employer was responsible for the physical and psychological injury its employee suffered following a workplace accident and also for his suicide six years later. (April 2008)

Taking AIM - Annual Survey 2008

This twelfth edition of Baker Tilly and Faegre & Benson's Taking AIM Survey comes at an uncertain time for global economies and markets. But while AIM's IPO volume has declined and its main share indices have fallen this year, our confidence in the market is undiminished. It remains a key source of capital and acquisition currency for fast-growing companies - both domestic and international - and continues to fully merit its unrivalled standing as the growth market for the world. (April 2008)

LNG Projects: All in Agreement

Liquefied Natural Gas ("LNG") projects are unique in the sense of the significant capital requirements required to set up the infrastructural elements of an LNG trade and the long term supply and demand necessary to make the project viable. The amounts of money involved are big even for the energy industry. (April 2008)

Box Ticking for Integrity

A more challenging business climate is something that we are all going to have to get to grips with for some time to come. (April 2008)

Which Way Now?

As we teeter on the brink of a global recession (or do we?), there is much speculation about the short-term outlook for equity markets, not least AIM. (April 2008)

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