Featured Articles

Recent Developments in Takeover and Squeeze-out Legislation in Austria

Florian Khol

Michael Kutschera

After 18 years of discussions and a two-year transition period, each EU member state had to implement the EU Takeover Directive by May 2006. In connection with this implementation, the Austrian legislation on public takeovers and squeeze-out of minority shareholders has been significantly amended. As a consequence, the common structure of public takeover transactions followed by squeeze-outs has to be reconsidered.

Another Turn of the Wheel For EU Communications Regulation

Colin Long

Natasha Hobday

From digital switchover to mobile roaming and access to next generation networks, from television without frontiers to online content, European commission staff have probed every corner of the EU communications market over the last year or so. Documents updating policies and describing new approaches, with even newer abbreviations, were published, charting shifts in regulatory fashion and, in some cases, the manifestation of old prophecies. Convergence, long predicted, seems finally to have arrived.

The Scope of the Commission Three-Criteria Test: A System Fault?

Peter Eijsvoogel

Bas Braeken

One of the main features of the 2003 European regulatory framework for electronic communications networks and services is the European Commission’s recommendation on relevant product market and service markets within the electronic communications sector. This recommendation sets out which markets the commission believes are susceptible to ex ante regulation.

A Look Back on 2006

Colin Croly

Sometimes, it seems that the only constant in the insurance market is ever increasing change. 2006 has been no exception and the capital markets, the regulators and the rating agencies have been among the main drivers of this change. Legal developments have also been significant.

Captives Enjoy the Bermudan Regulatory Climate

Rod Attride-Stirling

Neil Horner

It is quite a remarkable achievement that Bermuda, which occupies a mere 21 square miles in the middle of the Atlantic, has become the largest captive insurance jurisdiction and even more remarkably the second largest reinsurance centre in the world.

Recent Developments at ICSID: The 2006 Amendments of the Arbitration Rules

Aurélia Antonietti

Schellenberg Wittmer

Laurent Levy

The International Centre for Settlement of Investment Disputes has amended its Arbitration Rules. The new rules entered into force on 10 April 2006 and have been designed to meet the needs of users, particularly in arbitral proceedings based on bilateral or multilateral investment treaties. They will apply to any proceeding for which consent has been given after their entry into force or to any proceedings for which consent was given before this date but for which the parties agree to apply the newest rules. This article aims to review the major changes that have occurred and to offer a comparative analysis with the ICC Rules of Arbitration and the UNCITRAL Arbitration Rules.

The Changing Role and Importance of Deposits

Greg Hammond

Rowan Russell

Banks, building societies and credit unions in Australia are collectively known as authorised deposit-taking institutions or ADIs, and are authorised as such under the Banking Act 1959 by the Australian Prudential Regulation Authority (APRA).

UK Immigration

Hilary Belchak

Kingsley Napley

Against a backdrop of recent alarm over increasing migration to the United Kingdom the UK government’s pronouncements have reflected the political sensitivities of the issue, inadequacies of the bureaucracy charged with controlling immigration and an array of different ideas to bring order and control.

Does India Need a Work Permit Regime?

Anil Malhotra

Ranjit Malhotra

Business visa regulations for India are divided between different laws and the guidelines set up by the Reserve Bank of India. This article builds up a case for India to introduce a consolidated work permit regime, which in the present economic scenario is vital. This becomes especially relevant in the light of the massive foreign direct investment taking place in India. The massive liberalisation of the Indian economy in the last decade has promoted innumerable joint venture investments that involve the movement of manpower, machinery and technology.

The Great US Immigration Policy Debate

Austin Fragomen

The immigration debate that began with the president’s announcement of immigration reform in January 2004, has intensified with the passage of immigration bills in both the house and senate. This issue has divided our country along several ideological fault lines.