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1 giugno 2023
Starting a business abroad can be an exciting journey, but it also brings its own set of challenges. By being aware of the potential pitfalls in advance, you will be better positioned for a successful entry into an international market.
Our Global Guide: Starting a business provides high-level information for foreign investors aiming to start a business in selected jurisdictions. With contributions from lawyers across our global network, covering 25 jurisdictions from Australia to Vietnam, this version has been updated and now also covers India and the Kingdom of Saudi Arabia.
12 aprile 2023
Starting with interim measures, passing through setting aside actions and going all the way to both domestic and international enforcement efforts, arbitration-related court proceedings often have a significant impact during and after an arbitration. Understanding the varying approaches among the various domestic legal frameworks and the municipal nuances and intricacies within them can be the difference between a smoothly-run and effective process and a cumbersome and potentially ineffective arbitration. Linklaters’ Global Guide on Arbitration-Related Court Proceedings takes a practical look at some of the most relevant questions that parties to arbitral proceedings may have when it comes to the role of national courts in relation to arbitration.
29 giugno 2022
The potential impact for an organisation of being held liable for criminal activity can be severe, leading to financial penalties, operational sanctions and reputational damage. For international businesses, an understanding of how corporate criminal liability is regarded in different jurisdictions is key to managing risk. However, not all jurisdictions treat corporate wrongdoing in the same way. Explore our fully updated review of corporate criminal liability which assesses the risks corporates face across 22 jurisdictions.
28 giugno 2022
Our Global Guide: Company Directors aims to inform and help individual directors and international businesses in 25 jurisdictions. With contributions from lawyers across our global network, this version has been updated and now also covers the Kingdom of Saudi Arabia.
24 maggio 2022
Mediation is one of the most popular forms of alternative dispute resolution. It is a flexible, confidential and without prejudice consensual process in which parties appoint a neutral individual to facilitate negotiations between them. In many cases, mediation will be a quicker and cheaper form of dispute resolution than court proceedings. It can also help the parties to preserve an on-going commercial relationship – something that is particularly important in long-term contractual situations.
6 dicembre 2021
As enforcement agencies increasingly cooperate to tackle bribery and corruption across the world, we have seen an uptick in large-scale investigations and correspondingly large penalties imposed on companies engaging in unlawful behaviour. Our comprehensive review of anti-bribery and corruption law and enforcement covers 22 jurisdictions across the globe and will be of particular interest to businesses with international operations.
27 luglio 2021
The laws on legal professional privilege are a point of significant interest and divergence across the global legal landscape. Advice that is privileged in one country may not be protected in others. Differences in the application of legal professional privilege by courts and regulators across jurisdictions can lead to difficult decisions for organisations under investigation. Even within a jurisdiction, the scope and application of legal professional privilege may be the subject of debate amongst experts - and lead to dispute between parties. Linklaters’ revised and fully updated comparative review of legal professional privilege provides a quick reference tool to practice in 24 jurisdictions across the globe.
28 giugno 2021
Despite the economic disruption caused by the pandemic and a global trend towards greater scrutiny of foreign investment, deal values for cross-border M&A are at an all-time high. Navigating the traps for the unwary has never been more important. Our Global Guide: Private M&A 2021 covers 26 countries, from Australia to Vietnam, and identifies key legal issues for potential purchasers when looking to make acquisitions outside their home jurisdiction.
25 marzo 2021
The Covid-19 pandemic is a pressure test for the global interconnected economy. One expected consequence is an uptick in insolvencies. In international contracts, many companies will have concluded arbitration clauses.
1 luglio 2020
In this comparative review we look at the types of collective actions permitted in each jurisdiction and who may bring them. We examine whether they are opt in or opt out and what this means for the efficacy of the procedure. How collective actions are funded and the relief that is available is also considered. We also look forward to how the concept might develop in the future in each jurisdiction reviewed.
21 febbraio 2020
The binding force of contracts is a basic principle of contract law (“pacta sunt servanda”). In general, each party can rely on the performance of the contractual obligations by the other party. Yet, unexpected circumstances may occur after the conclusion of a contract which call this principle into question.
Our comparative review considers how such hardship situations are being dealt with in 18 jurisdictions. All of them have mechanisms in place to handle such situations, but allow interference with the binding nature of a contract only under restrictive conditions.