What you need to know regarding the ICSID third draft of rule changes
On 16 August 2019, ICSID released its latest proposals for amendment of its procedural rules for the resolution of international investment disputes. The key changes are:
- Expanding the requirements as to what should be included in a Request for ICSID Arbitration (including an estimate of the damages sought, an indication that the requesting party has complied with the conditions of the instrument of consent for submissions of the dispute). This may require a party to state whether, for example, any provisions regarding limitation periods or cooling-off periods have been complied with.
- A move towards the electronic filing of documents, rather than paper filing.
- More comprehensive provisions regarding the disclosure of the details of third-party funding (which now includes a donation or a grant).
- Document discovery is not automatic the Tribunal should consider whether to have discovery and its scope in the first session.
- A provision on security for costs, requiring tribunals to consider all relevant circumstances before deciding whether to order security for costs including the partys ability and willingness to comply with an adverse decision on costs, any effect of providing security for costs on the partys ability to pursue a claim and its conduct. The involvement of a funder may be raised as a relevant circumstance but is not enough in and of itself to warrant an order for security for costs.
- A provision that consent to publish the Award shall be deemed to have been given if no party objects in writing to such publication within 60 days after the dispatch.
- New guidelines for determining confidential and protected information.
ICSID Member States are meeting in November 2019 to consult on the latest draft proposals. Amendments to the ICSID Convention Rules require the approval of two-thirds of Member States, and a simple majority in the case of the Additional Facility Rules, Fact-Finding, and Mediation Rules.
The Kittel Principle - Sweet Sixteen
The following is an article written by David Bedenham about HMRC’s wide-ranging application of the ‘Kittel principle’. The current focus appears to very much be on the labour supply industry and the allegation of ‘Mini Umbrella Company Fraud’ (or ‘MUC Fraud’). This article highlights the need for taxpayers to get specialist advice at an early stage when faced with a Kittel decision. If you have any queries about Kittel-related issues or similar denials of input VAT or assessments to VAT, please contact Iain MacWhannell (firstname.lastname@example.org).
What is domicile and why does it matter for tax?
A quick review of the fundamental principle of domicile, why it matters for tax, and what the current political landscape has in store.
Tax note: Financial Institution Notices (FIN)
Understanding paragraph 4A of Schedule 36 to the Finance Act (“FA”)
SHORT CASE REPORT FTT DECISION – EXCISE DUTY - Cantina Levorato SRL v. HMRC  UKFTT 461 (TC)
Short Case Report on FTT Decision Excise Duty
Fast Track for Register of Overseas Entities Owning UK Property
The invasion of Ukraine has prompted the UK government to speedily publish the draft legislation for the Economic Crime (Transparency and Enforcement) Bill 2022 which requires foreign entities that acquire UK property (freehold interests or leases granted for more than 7 years) to register with Companies House and declare details of their beneficial ownership.