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Leslie Berkoff's article "Supreme Court Decides Who Determines the Question of Arbitrability When Contracts Conflict" was published in a recent issue of the American Bar Association's Business Law Today. Read here: https://lnkd.in/e4VaY-hs #arbitration #adr #mediation

Are there terms that can't be enforced in contracts? Yes, there are. When you're doing business with the public, you are bound by what's called consumer guarantees. So consumer guarantees are obligations that you have as a business to look after the consumers that you're working with, things like no refunds. That's a term you just can't have. You can put conditions around giving refunds. But also those conditions are governed by consumer law. So you need to be careful what you say. And since November 2023, unfair contract terms are now prohibited in contracts. And what that means is if you have them, you can be taken to court and the contract declared void. Subscribe to our youtube channel and enjoy our content library filled with FREE legal advice and Australian business law deep dives. ----- #Law #LegalAdvice #LawyerLife #Justice #LegalNews #LawFirm #LegalEducation #Litigation #IntellectualProperty #businessadvice #businesslegalhelp #knowyourrights #brisbanelegal #brisbanelawyer #onyxlegal #lawonline #onlinebusinessadvice #eccomlegal #eccomlaw #australianlawyer

Do you have questions about commercial law? Check out our latest FAQ post for straightforward, reliable answers! 📚 💼 https://lnkd.in/epB49zXr #CommercialLaw #FAQ

The law ministry has pitched for the incorporation of a “sunset” clause or automatic repeal provision in certain type of bills to de-clutter statute books and has put it in its 100-day agenda. Our Partner, Alay Razvi shares his comments with The Economic Times in an article titled, "Law ministry pitches for sunset clause; fosters clarity and efficiency within the system, says Legal Experts." Read more at : https://lnkd.in/g_8cR88j #knowledgesharing #opinion #dipsuteresolution #lawministry #lawfirm

#ImportantNews | Delays Reported at Chambers of Commerce Our commercial law practice area reports increased delays with various processes involving local Chambers of Commerce. This has affected everything from registering local business entities to changing legal representatives. Please plan accordingly. #CommercialLaw #ColombianCommercialLaw #RegisteringABusinessInColombia #RegisteringABusiness

Thanks Nils Imgarten for this very thorough and insightful analysis of AG Szpunar's opinion in Case C-253/23. I, too, was surprised by the AG's elaborations on possible justifications for violations of the principle of effectiveness, particularly the consideration of national principles. While the AG ultimately doesn't find grounds for such justification, this approach treads on dangerous ground. It's crucial to note that whether within the balancing test as part of the principle of effectiveness or - for argument's sake - as part of a justification test, legal queries between legal service providers and assignors may never result in voiding the assignments, as this would render the enforcement of Union rights impossible. In such situations, the appropriate solution lies in the internal relationship between those parties (e.g., through damages claims). It's never appropriate to let such queries impact the assignments themselves, potentially allowing the tortfeasor to escape liability and effectively nullifying the effective enforcement of Union rights. (Disclosure: I represent the plaintiff in this case.)

Do you practice in #BusinessLaw? We have something for you! The comprehensive Alberta Business Law Practice Manual has been updated and will be available soon! Read today's blog for all the details about what's new in the manual and who we have to thank for helping us prepare the update! https://lnkd.in/gHA2eBWT

I had the honour of presenting my work a few weeks ago at the Vienna Competition Law Days 2024, superbly run by Viktoria (Vicky) Robertson and the rest of the crowd at the The Competition Law Hub. My presentation (on the present and future of Article 102 TFEU) can be found here: https://lnkd.in/dNjfZkrP Predictability and administrability were two of the central topics of the event (they were also the overarching themes of my own presentation), and were the focus of discussions in more than one panel. The central point I made, in this vein, is that structured legal tests are the best way to ensure that enforcement is effective and the law, administrable and predictable. Arguably, the need for structured legal test is more acute than ever now that private enforcement is very much a reality (and one of the big successes of Regulation 1/2003). https://lnkd.in/dqm4HqdR

I am excited to share that I recently presented my seminar on the Determination of the Applicable Law in Contracts. The seminar was structured in two key parts, exploring both theoretical principles and practical challenges in private international law. In the first part, I focused on the principle of party autonomy, which grants parties the freedom to choose the law that governs their contract. This principle, central to modern contract law, offers flexibility but also has its limits, particularly in cases where public policy considerations and mandatory rules intervene. Additionally, I discussed the implied determination of applicable law, where courts must step in when no express choice is made by the parties. The second part delved into the challenges in determining the applicable law, especially in the context of fragmented legal systems. I examined how the complexity of overlapping legal regimes often complicates this determination and leads to significant ambiguity, which can affect both contractual certainty and dispute resolution. #PrivateInternationalLaw #ContractLaw #PartyAutonomy #LegalSystems #InternationalBusiness #LegalChallenges #Seminar #commonlaw

⚖️ Understanding Federal Law Preemption: What You Need to Know When does federal law override state law? This article provides a clear breakdown of the critical concept of federal preemption, including: ✅ What Federal Preemption Means: The legal principle that allows federal law to take precedence over conflicting state laws. ✅ Key Factors in Determining Preemption: How courts assess when federal law should preempt state law based on the intent of Congress and legal interpretations. ✅ Impact on Business and Litigation: How federal preemption affects business operations, legal disputes, and the strategies businesses should adopt to navigate these complex issues. Understanding when and how federal law preempts state law is essential for businesses and legal professionals to stay compliant and manage risks effectively. 🔗 https://hubs.li/Q02-g9sg0 #BonaLaw #FederalLaw #StateLaw #Preemption #LegalStrategy #BusinessLaw