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  • Daw Khin Cho Kyi Daw Thaw Dar Sein Until July 2013, although Myanmar was a party to the Geneva Protocol on Arbitration Clauses of 1923, it was not a party to the International Centre for Settlement of Investment Disputes Convention (the ICSID Convention) or to other international conventions relating to arbitration. Myanmar deposited its instrument of accession without reservation to become a contracting state of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which became effective on July 15 2013.
  • Julian M Hashim Yishan Yong More parties are opting to include service of notices in agreements by way of email because it is expeditious and convenient. However, there are implications of using email as a method of service that may not be obvious.
  • Bracewell & Giuliani’s Alastair Young, Darren Spalding and Paige Bennett explain why the pro-freedom of contract interpretation is at odds with the judiciary in Australia and the US
  • Struggling debtors have been testing the countries' new restructuring regimes. Paul Hastings’ Joy Gallup explains how debtor-in-possession funding is their favoured tool
  • Daniel Futej Rudolf Sivák In order to increase consumer protection in the Slovak Republic, several acts relating to bills of exchange have recently been amended. However, these changes do not only concern consumers. Amendments were passed because bills of exchange – and the strict fulfillment of their obligations – are easy to abuse. Sadly this abuse does occur, particularly in dealings with consumers.
  • Till Spillmann Adrian Koller Pursuant to a decision of the Swiss Federal Supreme Court rendered in October 2014, up-stream loans extended by a Swiss company must be entered into on arm's length terms. If they are not provided on arm's length terms, up-stream loans may constitute de facto distributions and, therefore, may only be granted for an amount not exceeding the lender's freely distributable reserves. In addition, the court held that, as a result, the lender's ability for future dividend distributions is reduced by an amount corresponding to the loan amount. The court also imposed stringent requirements that needed to be met to satisfy the arm's length test. According to the view of most legal scholars, this decision constitutes a change in practice. It has raised a number of queries both at Swiss companies and among practitioners and scholars in Switzerland.
  • The continent’s bond markets have matured rapidly over the past three years. Here, White & Case lawyers' set-out why hybrid-style instruments could be their next incarnation
  • The EU's fragmented insolvency rules have many critics. But there's little consensus on whether the goal should be a single market, minimum standards, or something in between
  • Işıl Ökten Aslıhan Kahraman On October 23 2015, the Banking Regulation and Supervision Agency (the BRSA) published amendments to the Regulation on the Equities of the Banks (the Regulation). These amendments are intended to harmonise the Turkish banking regulations with Basel III, the comprehensive reform package developed by the Basel Committee on Banking Supervision to strengthen the regulation and risk management of the banking sector. The amendments will enter into force on March 31 2016 (the Amending Regulation). The Amending Regulation introduces the following key changes:
  • Ha Hoang Loc Truong Huu Ngu Several months after the new Investment and Enterprise Law came into effect, the Vietnamese government continues to demonstrate the spirit of administrative reform by adopting guidance on the implementation of the legislation.