Your Trusted Advisers

Category: Articles (Page 1 of 5)

Arbitration Clauses and Mandatory Stays of Litigation

People often assume that their right to litigate a dispute is an absolute right and that they will not be denied a right of access to the Courts. However, where they have agreed to be bound by an arbitration clause, they will almost certainly be denied the right to litigate. An arbitration clause is not something to be taken lightly. Arbitration is given such weight in law that the Court has no option but to stay proceedings except in very limited circumstances. Article 8(1) of the UNCITRAL Model Law on International Commercial Arbitration, as adopted by Ireland in the Arbitration Act 2010 allows a Court to refuse a stay only where:

Continue reading

Data Protection Update: The end of the Brexit Transition Period and GDPR

There was some concern that after the 31st of December 2020, Irish and EU businesses would no longer be able to freely transfer personal data in the same manner as previously. While businesses were right to have this risk on their radar, the eleventh hour Trade and Cooperation Agreement did make provision for the continued smooth flow of personal data. This means that we do not have to regard the United Kingdom as a third country for the purposes of GDPR. We may effectively continue as before.

Continue reading

« Older posts