作者：金杜律师事务所 King & Wood Mallesons
If the UK leaves the EU what’s the impact likely to be on commercial contracts and on disputes?
英国退出欧盟，会对商事合同及争议产生哪些影响？
It is unclear at the moment what the UK’s arrangements would be in the event that there is an exit from the EU, but it might be helpful to start with something that won’t change. One area that won’t change is English contractual law, so there will be no impact on the general law that affects commercial contracts in terms of interpretation, breach, frustration, and implied terms and so on. None of that will be affected by an exit from Europe. There will be discreet areas such as commercial agents where that won’t be the case, but by and large none of that will change.
目前很难确定英国如果退出欧盟会制定哪些安排，但我们可以先分析哪些方面不会发生变化。英国合同法不会变，因此，不会改变影响商事合同的一般法，如合同的解释、违约、合同落空及默示条款，等等。英国退出欧盟对这些方面不会产生任何影响。一些不起眼的领域如商事代理人会受到影响，但大体而言以上几方面均不会发生变化。
Continue Reading “英国退欧”视频专访（字幕版）：争议解决
We have spoken to a lot of our clients and we didn’t really hear that they thought leaving the EU would lead to less regulation as far as their sectors are concerned. If you look at the competition side, you’re really looking at a fairly global system of enforcement these days, so I don’t think that there would be significant changes in the way competition law is enforced in the UK at a general level. But, of course, there are interesting developments if you look a little bit more at the detail.
015年12月24日，最高人民法院在《关于当前商事审判工作中的若干具体问题》中明确，“根据立案登记司法解释规定，因虚假陈述、内幕交易和市场操纵行为引发的民事赔偿案件，立案受理时不再以监管部门的行政处罚和生效的刑事判决认定为前置条件”。
来，一些在华提供跨境交易的国际营养品公司如坐针毡。尽管未注册产品的禁销令在紧急关头被放缓执行，但在不远的将来，保健食品的备案与注册登记制度势在必行。
here’s been a lot of talk about pros and cons of Brexit, but very few hard facts. In fact, there are hardly any economic predictions about the potential pros and cons of Brexit and even when you look at some of the wider reports, they are talking about potential GDP impacts by 2030, ranging from somewhere between minus 0.8 per cent and plus 0.6 per cent — so pretty small differences in both directions.