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Case C- 376/20 P Commission v CK Telecoms UK Investments [Archived]

Case C- 376/20 P Commission v CK Telecoms UK Investments [Archived] ARCHIVED—this archived case hub reflects the position at the date of the judgment of 13 July 2023; it is no longer maintained. CASE HUB See further, timeline. Case facts Outline Appeal against the General Court's judgment in Case T- 376/20 P upholding an action for annulment of the Commission’s 2016 decision to prohibit the proposed acquisition by Hutchinson 3G UK Investments Limited (Three) of Telefonica plc (O2) (Case M.7612). Outcome On 13 July 2023, the Court of Justice issued its judgment in which upheld the appeal against the General Court’s judgment, set it aside and referred the case back to the General Court for it to provide a new ruling. In particular, the Court of Justice held (amongst other things) that the General Court had: (i) applied a standard of proof which does not follow from the EU’s merger law; (ii) distorted the Commission’s decision in its assessment of the closeness of competition between the merging...

The Reply and further submissions in an adjudication

The Reply and further submissions in an adjudication This Practice Note considers: • the entitlement to submit further submissions in an adjudication beyond the Response (typically known as the Reply > Rejoinder > Surrejoinder etc) • the contents and form of such submissions, and practical considerations when drafting them For information on other adjudication documents, see Practice Notes: • The Notice of Adjudication • Adjudication—the Referral Notice • Adjudication—the Response Entitlement to make further submissions after the Response There is no automatic right for a party to make submissions after the Response, and it is not a breach of natural justice for the adjudicator not to permit such submissions (Barry M Cosmetics v Merit Holdings, AMEC Group v Thames Water). See News Analysis: Natural justice does not require adjudicator to permit a Rejoinder (Barry M Cosmetics v Merit). Nor it is normally a breach of natural justice for an adjudicator to set a timetable that does not allow for a Rejoinder (Balfour Beatty v Modus...

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Procedural Order for directions following preliminary meeting in arbitration

Procedural Order for directions following preliminary meeting in arbitration PROCEDURAL ORDER NO. [1] Having heard representatives for both the [ Claimant OR Claimants] and the [ Respondent OR Respondents] (the Parties) at the preliminary meeting held on [date], the Tribunal hereby orders that: 1 Applicable arbitration rules 1.1 This arbitration shall be governed by [insert applicable arbitration rules] in force as of [insert date]. 1.2 The Parties and Tribunal shall seek guidance from, but shall not be bound by, the IBA Rules on the Taking of Evidence in International Arbitration (the IBA Rules), subject to the Tribunal’s discretion to control the procedural conduct of the arbitration. 1.3 [[If appropriate, include a statement on the applicable law of the substantive dispute and/or the arbitration].] 2 Seat and language of the arbitration 2.1 The seat of arbitration is [insert place]. Meetings and hearings may take place at other locations if so decided by the Tribunal after consultation with the Parties. 2.2 The language of the arbitration is [insert...

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Adjudicator did not fail to address material lines of defence (UK Grid Solutions v Scottish Hydro Electric)

Construction analysis: The Outer House of the Court of Session enforced an adjudicator’s decision, rejecting arguments that the adjudicator had failed to consider material defences raised by the responding party, or that errors in his order for payment rendered the decision unenforceable.

Financial Services weekly highlights—6 July 2023

This week's edition of Financial Services weekly highlights includes: The Financial Services and Markets Bill receiving Royal Assent from the HM Treasury, effectively becoming the Financial Services and Markets Act 2023; PRA’s consultation on proposed Solvency II reforms, and post-Brexit reforms as part of the Wholesale Markets Review, plus dates for your diary over the coming week.