ARBITRATION RULES UPGRADED AT LONDON COURT

ARBITRATION RULES UPGRADED AT LONDON COURT

A new set of rules has been introduced in the London Court of International Arbitration (LCIA) – but they are ‘largely intended’ to bring the centre ‘up-to-date’, according to Allen & Overy.

The new rules take effect from 1 October and are little different to a draft which was published in February, says Allen & Overy. The firm comments that the changes are ‘largely intended to bring the LCIA Rules up-to-date with contemporary arbitration practice’. 
The firm continues: ‘Some of the amendments follow those seen in the recent wave of revisions to major sets of arbitral rules (including to the UNCITRAL Arbitration Rules in 2010, the ICC Arbitration Rules in 2012 and the HKIAC Administered Arbitration Rules in 2013).
The introduction of an emergency arbitrator mechanism is a notable example; another example is the new provisions allowing consolidation of arbitrations.’
Source: JDSupra
Africans call on rich nations to crack down on money laundering

Africans call on rich nations to crack down on money laundering

The world’s richest nations must toughen their laws against money laundering, tax havens and tax evasion if a global drive against corruption and illicit finance is to deliver results, senior African diplomats said on Thursday.
“There are two sides to this coin. If there were no facilitators on their side, the miscreants on our side would not have succour,” said Liberia’s Foreign Minister Augustine Kpehe Ngafuan in an interview.

“The G7 needs to walk the talk on this and deal with tax havens and opportunities created on their side of the divide that make it possible for those on the other side to loot the continent,” he said.
The United States and African nations agreed at their summit this week to set up a high-level working group to develop a plan of action to address the losses suffered by the African continent from illicit financial flows and corruption.
Money leaving the continent from crime, corruption and other illicit means outstrips the amount of foreign development aid to Africa, causing mounting concern amongst African leaders who raise the issue with increasing frequency at international meetings.
Global Financial Integrity, a Washington-based research group, estimates that Africa lost $55.6 billion each year in the decade that ended 2011, the latest period for which data was available, with outflows from Sub-Saharan Africa growing at the rate of 20 percent annually.
“Illicit financial flows are by far the most damaging economic problem facing Africa. By announcing the creation of the U.S.-Africa Partnership to Combat Illicit Finance, President Obama and African leaders have taken the first step towards tackling the most pernicious global development challenge of our time,” said GFI President Raymond Baker in a statement.
COMPLEX TAXES, POWERFUL LAWYERS
No details were immediately available regarding who would lead the new U.S.-African effort or how its work would be structured. The Group of Seven leading industrial nations, as part of a drive against dirty money and terrorist financing, already has committed to share tax information and develop registries of shell companies, which are frequently used to hide the transfer of illicit funds.
Also under scrutiny are multinational corporations that use complex structures to reduce their profits in certain countries and lower their tax burdens.
Sierra Leone’s Foreign Minister Samura Kamara said in a separate interview that sometimes multinationals will form subsidiaries in joint partnership with governments and then load the subsidiary with debt, reducing any dividends the government had expected to receive.
“The tax structures used by multinationals must be addressed,” he said, calling for greater transparency, particularly in the extractive industries.
One issue discussed at the summit was providing developing countries with expert technical assistance to negotiate fair contracts on oil, gas and mining with multinationals who seek to exploit the natural resources in their countries.
“It is important to get these contracts right,” Kamara said. “Everyone acknowledges today we lack capacity to negotiate with these international companies – they are so powerful, they have so many lawyers, so much expertise and creative accounting.”
Jubilee USA Network, a coalition of religious groups fighting poverty, called the U.S.-Africa summit’s initiative to address illicit flows and corporate tax avoidance a step in the right direction.
“We know the problem, we know how to track it, and we even know how to stop it. The working group needs to implement tracking and enforcement measures sooner than later. The drain on Africa’s resources is incredible,” said Eric LeCompte, Jubilee USA’s executive director.
Source: www.trust.org
STUDY SHOWS JUDGES WITH DAUGHTERS ARE LIKELY  TO VOTE FOR WOMEN’S RIGHTS

STUDY SHOWS JUDGES WITH DAUGHTERS ARE LIKELY TO VOTE FOR WOMEN’S RIGHTS

Hon. Justice Phillips 
More than
law and ideology goes into a judge’s court ruling — and includes having a
daughter, a new study shows
The research, conducted by Harvard University professor Adam Glynn and University of Rochester political scientist Maya Sen, found that judges with daughters are more likely to vote in favour of women’s rights. Ms Sen notes that judges learn about what it is  like to raise a young woman dealing with issues like pay equity, university admissions or taking care of children. The effect is most seen among male judges appointed by Republican presidents, the study found.

Influence of daughters 
The study considered about 2,500 votes by 224 federal appeals court judges. The study found that having at least one daughter corresponds to a 7 per cent increase in the proportion of cases where judges will vote in a feminist direction, Ms Sen told the New York Times. Having one daughter as opposed to one son is linked to an even higher 16 per cent increase of judges ruling in a feminist direction.  

Source:The New York Times

MALAYSIA OPENS LEGAL MARKET

MALAYSIA OPENS LEGAL MARKET

Malaysia is now allowing foreign
firms to open within its jurisdiction and join ventures with domestic firms.
Malaysia’s
legal services market has opened to the rest of the world, allowing foreign
firms to open within its jurisdiction and from joint ventures with domestic
firms. 
The measures were introduced under
the Legal Profession Act of 2012 and came into effect 3 June, as announced by
Malaysian attorney general Tan Sri Gani Patail. 
Discussions to liberalize the market
have been occurring since 2002. Lawyers are permitted to continue providing
services by entering Malaysia using national passports, but they must not
exceed the maximum stay of 60 days per lawyer per year.
Source- globallegalpost.com

 

TRADEMARK JUDGEMENT ON THOMAS PINK V. VICTORIA SECRET

TRADEMARK JUDGEMENT ON THOMAS PINK V. VICTORIA SECRET

VICTORIA’S SECRET NO LONGER IN THE PINK: THOMAS PINK WINS IN TRADE MARK FIGHT
On 31 July 2014, the High Court of Justice handed down its judgment in Thomas Pink Ltd v Victoria’s Secret UK Ltd [2014 EWHC 2631 (Ch)]. Birss J ruled that Victoria’s Secret’s use of its sub-brand PINK had infringed Thomas Pink’s trade marks for PINK, as the average consumer was likely to be confused by the similarity of the signs.

Business impact 
Fashion brand owners are likely to welcome the decision as it allows them to protect their trade marks against other fashion brands even if they operate in very different market segments. The High Court’s decision is an interesting application of the principles of non-use and acquired distinctiveness in relation to
trade marks, with Birss J upholding the validity of Thomas Pink’s UK trade mark, despite the fact that it had not been used in precisely the form registered.

Background
The claimant, Thomas Pink Limited (“Thomas Pink”), began trading in London in 1984, primarily selling men’s shirts, but its business has since diversified to include other clothing items and all of its goods are sold under and by reference to the names Thomas Pink and PINK. Thomas Pink is the proprietor of two trade mark registrations: (i) Community Trade Mark No. 3,949,906 filed on 14th July 2004 in Classes 3, 14, 18, 25, 26 and 35 (the “CTM”):

The defendant, Victoria’s Secret UK Ltd (“Victoria’s Secret”), is part of a group which sells the famous Victoria’s Secret line of lingerie which is known worldwide. In 2004, the Victoria’s Secret group launched a
sub-brand in the US called PINK, which now has stand-alone PINK branded stores. In 2012, Victoria’s Secret began opening retail outlets in the UK. In its UK PINK stores (although there was some debate in
the case as to whether Victoria’s Secret had stand alone PINK UK stores), Victoria’s Secret sell a wide variety of casual clothing, many of which present the word PINK alone in a prominent way.

From: legalweeklaw.com

PROFILE:  HON. YACOOB EKUNDAYO BUSH-ALEBIOSU

PROFILE: HON. YACOOB EKUNDAYO BUSH-ALEBIOSU

Otunba Hon. Yacoob Ekundayo Bush- Alebiosu, popularly known as D-Bush is a humane and optimist for a just and egalitarian society.


An Architect by profession, Hon. Dayo Bush –Alebiosu has distinguished himself as a thoroughbred and proficient professional in the Nation’s building and construction industry before his foray into partisan politics. His candour, charisma, humility and philanthropy are rare among his generation.

Hon. Dayo Bush-Alebiosu’s adventure was not by a coincidence. He comes from a prominent political dynasty of Otunba Busura Alebiosu, a former Majority leader in the Lagos State House of Assembly during the Second Republic regime of Governor Lateef Jakande’s administration.
He cut his political teeth under the master strategist and great leader of all times-the Asiwaju of Africa-the former Governor of Lagos State-Senator Bola Ahmed Tinubu where he served as a Special Assistant on Housing. He carved a unique niche for himself during the tenure of Asiwaju Bola Ahmed Tinubu as a reliable, diligent and focussed officer of government as he effectively collaborated and served as a proficient team player in the realisation of Housing Programmes of the administration.
His sterling performance in office was immediately rewarded as the good people of Kosofe Federal Constituency of Lagos State chose him in the April 2007 National Assembly  general elections as their “eyes and voice” in the lower chamber of the National Assembly.  
Since then, the story has been that of blessings and rapid transformation and provision of basic amenities to the good people of the Federal Constituency. His ardent love and compassion for the development of the area is unrivalled as several countless Federal projects had been brought to the Federal Constituency.
He has proficiently combined the primary goal of representation which is lawmaking for the general well-being of the people and the enhancement of the development of his constituency.
Kosofe LGA, Ikosi –Isheri LCDA and Agboyi-Ketu LCDA all within the Federal Constituency which are the grassroots’ council areas closest to the people have all been touched by the lifting spirit of Hon. Dayo Bush-Alebiosu whose passion is to accelerate the well-being of the area.
Due to his vast knowledge and experience and relationship with his fellow representatives, Hon. Bush-Alebiosu has served in many committees of the House including National Security, Petroleum (Upstream) and was a former sub-committee Chairman of the Economic and Financial Crimes Commission (EFCC) and other committees. He had at one time or the other, served in different      ad-hoc and special tasks teams on varying national assignments.
As a loyal party man, he had toed the line of his Political Party on all issues that the party supports and had always sought the inputs of those he represents before saying “YES” or “NO” on issues of discourse on the floor of the house.
He is a staunch advocate of “ONE MAN,ONE VOTE” ideology and had supported his party-The ALL PROGRESSIVES CONGRESS (APC) on the endless calls for total reformation of the electoral process, rule of law and true federalism for Nigeria.
As a Representative with human face, he had at several times implemented interventionist programmes in the area of roads, security, electricity, water supply and educational support projects in some primary schools within the Federal Constituency.
He is presently the Chairman of the House Committee on Treaties and Agreements.
Hon. Dayo-Bush Alebiosu believed that although the primary responsibility of Lawmakers is to make laws for the good governance of the country, he will always put in his efforts in the provision of developmental projects and amenities for the constituency.
Below is the breakdown of projects facilitated by Hon. Bush-Alebiosu to Kosofe Federal Constituency since 2007;
EDUCATION
1 Block of Three (3) Classrooms at Expressway Primary School, Ikosi-Ketu
1 Block of Three (3) Classrooms at Oworonshoki Primary School, Oworonshoki
1 Block of Three (3) Classrooms in Orishigun Primary School, Ketu
Provision of desks, benches and chairs to these primary schools as well as teaching aids for their teachers and instructors.
Textbooks, instructional materials and other teaching aids were also provided for some primary schools in the area.
WATER PROJECTS 
Provision of water (borehole) Magodo ,community and market
Provision of pipe borne water Araba area
Provision of water (borehole) Omobanta community, Mile 2
Provision of water (borehole) Anthony community, Agbole Area
Provision of water (borehole) at Ifako-Market, Ifako-Gbagada.
Hand Pump Borehole at S. Omojumi Street, Ajegunle area
Provision of Public toilet in Mende, Maryland 
HEALTH CARE
Provision of drugs and Pharmaceutical products worth over ten million naira for two Primary Health Care Centres (Mascara in Alapere-Ketu and Mende in Maryland)
 OTHER PROJECTS AND SUPPORT SCHEMES
Provision of three motorised water boreholes- Ifako, Oworonshoki and Ojota (under-construction) with a value of fifteen million naira per borehole.
Road repairs (sand & grading) of Tawakalitu Central Mosque Road in Anthony.
Provision of financial support schemes to constituents in the three (3) Local Govt Areas that constitute Kosofe Federal constituency
Provision of empowerment programmes for some unemployed youths to assist them before gaining employment
Distribution of several JAMB and GCE forms to over five hundred candidates and the convening of special tutorial and remedial programmes to aid their success in the examinations.
YOUTH EMPOWERMENT
Several youth groups and associations have been provided with various forms of assistance. He had bankrolled sporting competitions (boxing and football) in the length and breadth of the Federal Constituency. These schemes were aimed at improving the lots of youths and making them shun social vices.
Many of the youths had also, benefitted from other support schemes to enhance their self-sustenance and developments
Several Transformers were also provided to over fifteen areas within the Federal Constituency towards boosting electricity supply in the affected areas.
Magodo and Mende areas were not left out of these dividends as they were also with provided with Solar-Powered streetlights which boosted night-life economy and security in these two areas.
Apart from his cerebral contributions in debates and important functions during plenary, Hon. Bush-Alebiosu has sponsored numerous legislations (Motions and Bills) which include:  
MOTION FOR ADEQUATE COMPENSATION FOR DANA AIR CRASH VICTIMS 
MOTION ON THE BRUTAL KILLING OF FOUR STUDENTS OF THE UNIVERSITY OF PORT-HARCOURT, POPULARLY CALLED “ THE ALUU FOUR”
MOTION ON THE PREVENTION AND CONTROL OF THE  OUTBREAK OF BIRD FLU IN NIGERIA
MOTION ON THE CONTROVERSIAL MERGERS AND ACQUISITIONS IN THE FINANCIAL SYSTEM AS RELATED TO THE INTERCONTINENTAL BANK SCANDAL 
THE CONTROVERSIAL BAKASSI ISSUE WHICH THE COMMITTEE ON TREATIES AND AGREEMENT REALLY WORKED TIRELESSLY ON BEFORE THE EXPIRATION OF THE DEADLINE.
TOBACCO CONTROL AND REGULATION BILL
MOTION ON THE DOMESTICATION OF TREATIES SIGNED BY NIGERIAAS WELL AS THE STREAMLINING OGF TREATIES SIGNING PROCEDURES.
MOTION ON THE REGULATION OF THE CONSUMPTION OF CAFFEINATED ENERGY DRINKS 
MOTION CALLING FOR THE REVIEW OF ALL BILATERAL AIR SERVICE AGREEMENTS (BASA)
THE INITIATION OF BILL PROCEDURE FOR THE AIR PASSENGERS’ RIGHTS BILL,ALCOHOL CONTROL BILL AND THE PHCN TRANSFER OF LIABILITY BIL 
Otunba Hon. Dayo Bush-Alebiosu is happily married with children.

NIGERIA: GRUESOME FOOTAGE IMPLICATES MILITARY IN WAR CRIMES

Amnesty International released this video on 5th August, 2014 showing persons alleged to be members of the Nigerian military and civilian Joint Task Force committing war crimes as they continue to fight Terrorism in the Northern part of the country. The video also shows the aftermath of a Boko Haram attack on a civilian population. The Nigerian military has reacted to the allegations by stating it will carry out an investigation to ascertain the authenticity of the video.  

Sadly, the North-Eastern states in Nigeria are still marred in violence but hopefully the Nigeria military and other security agencies  will get ahead of the terrorist and we had be rid of this senseless killings for good.

#LawForLayMen hosted by @BarEnclave

#LawForLayMen hosted by @BarEnclave

On Sunday, 3rd August, 2014, @BarEnclave hosted @ayosogunro
to the maiden edition of the  #LawForLayMen lecture series in Lagos titled “A
ONE DAY GUIDE TO THE NIGERIAN CONSTITUTION”. Participants comprising of young
professionals from diverse fields attended and it was simply amazing to be
there. 


@ayosogunro, a lawyer and writer delivered his paper brilliantly while
sharing the basics of the Nigerian legal system and fundamental principles of
the Nigerian Constitution with the participants who payed rapt attention.
@adedunmade who represented @LegalNaija at the event engaged with many of the
participants after the lecture and the feedback was amazing. 
Participants included renowned people’s lawyer @topeatiba and other
amazing people including @zebbook, @ronaldnzimora, @oddy4real, @finegurl and
@wildeyeq among others. Plus everyone got a free autographed copy of @ayosogunro’s
book titled “The Wonderful Life of Senator Boniface and other Sorry Tales”,
even Legalnaija got a copy too and we are excited about it.  
Legal literacy is very important to the development of a Nation’s
social and political development and as such @BarEnclave efforts at putting together
the lecture is extremely commended. See more pictures below.