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The Chief prosecutor of the International Criminal Court (ICC) has now applied for arrest warrants for the Israeli Prime Minister, Benjamin Netanyahu and the leader of Hamas, Yahya Sinwar for war crimes and crimes against humanity.

Also wanted by the ICC are the Israeli defence minister, Yoav Gallant, the military chief for Hamas, Mohammed Deif and the Hamas Political leader, Ismail Haniyeh.

The Chief Prosecutor of the ICC, who took position in 2021 believe they are responsible for war crimes since the 7th October when Hamas attacked Israel leaving 1200 killed and took 252 hostages back to Gaza. This is the event which triggered the current war which has left around 35,000 Palestinians killed and many more starved and displaced. Khan believes crimes have been committed and are continuing to be carried out and is determined to find justice.

The crimes Hamas are accused of include, extermination, murder, hostage taking, rape, sexual violence and torture as war methods.

The crimes the Israel members are accused of include, starvation of civilians as a method of war, murder, extermination and intentional civilian attacks.

 

The ICC next steps

Judges from the ICC will now decide whether arrest warrants for those mentioned can be granted with sufficient evidence.

There will be 3 judges which are reported to be from Romania, Benin and Mexico. There will be an immense amount of external pressure on the judges during this substantial moment the world is watching

 

What could happen if the arrest warrants are granted?

This would be the first time a Western-style democracy will have an arrest warrant for their leader. This will concern allies of Israel and test the power and limitations of the ICC.

The Guardian reports that if the arrest warrants are granted then those wanted will have their travel options severely limited. The ICC does not have its own police force and so rely heavily on member states to carry out their sanctions.

The 124 state members of the ICC will have an obligation to carry out arrest of any and all of the figures if they have the opportunity to. Non-members will be under pressure to carry out arrests, however they are not under obligation. China, Russia and the US are three powerful non-members and could very well dismiss the warrants meaning travel to these countries could be viable.

Those in Gaza such as, Sinwar and Deif are out of reach and well as those in non-member countries.

 

The international response

Khan applying for these arrest warrants was a bold move against those involved and the response has been varied. Khan did also state that more warrants will be applied for in the future.

Joe Biden, has expressed his disdain calling the move “outrageous” as he believes Israel and the Hamas group should not be compared by the same measures.

The US Secretary of State has stated his plan to take legal action against the ICC and the warrants.

The US is not a member of the ICC despite them supporting the warrants against Vladimir Putin for the attack on Ukraine. They are a known ally of Israel and have been supplying weapons throughout this conflict.

A spokesperson for Rishi Sunak also takes an opposed position as Israel is not a state party of the Rome Statue and so is outside of the ICC’s areas of jurisdiction.

The South African Presidency welcomes the action taken and believes accountability needs to be taken for the current events and conflict taking place.

The Israel prime minister, Netanyahu has denounced the warrants as he says this will be taking away their right for defence against an attacker.

Hamas have called out to say they are the victim of brutal attacks by Israel and should not be condemned in the same manner.

 

Many take the stance against the action as it was the Hamas attack in October 2023 which began this conflict and Israel have the right to defend themselves.

As Khan counterargues that defence should not include civilian attacks and using starvation of civilians as a war method as the bombing attacks that have happened and continue to happen have destroyed millions of people and areas within Gaza.

 

JFE Shoji acquired a 10-hectare land plot in the Indjija industrial zone in Serbia and embarked in an EUR 50m greenfield investment.

The new production plant is set up to produce rotors and electric motors for the global automotive brands. This project is aligning JFE Shoji Serbia with other prominent Japanese investors including Toyo Tires. This is another significant foreign investment in Serbia which also marks the expansion of JFE Shoji’s footprint in Europe.

Gecić Law provided legal counsel to JFE Shoji with Miloš Petaković as the lead counsel on this project.

 

Through strategic foresight and legal precision, we turn complex investments into opportunities for global and local economic synergy.”

 

Q&A with Miloš Petaković

 

Miloš, can you explain your position during this project and how your team supported JFE Shoji throughout?

As the Head of Real Estate at Gecić Law, my role was to steer our team through the unique complexities of this greenfield investment project for JFE Shoji. Our role was comprehensive, involving strategic advisory from land acquisition for the new plant to handling contracts. We supported JFE Shoji in acquiring a significant 10-hectare land plot in Indjija, advised on the Design and Build Contract with a Serbian construction company, and ensured all legal aspects were meticulously handled. Our approach was thorough and thoughtful, ensuring every step aligned with JFE Shoji's vision for this significant milestone in expanding their European operations.

 

Can you expand on each role within the team and how their expertise came together to serve the client throughout this project?

As legal advisors, we implement a multidisciplinary approach in complex projects. Our team comprised experts in real estate and construction law, corporate law, international investments, and the implications of EU law. Each member brought a specific perspective, such as negotiating service contracts, advising on parcelling and acquiring state-owned land, and guiding the client through the construction permit process. Our collaborative efforts ensured that JFE Shoji received tailored, efficient, and comprehensive legal counsel, reflecting our commitment to legal excellence and client success.

 

What legal counsel was necessary for JFE Shoji, can you further explain the negotiations which had to take place and the protocol for these?

When JFE Shoji sought legal expertise, it was imperative to focus not only on the complex realm of real estate acquisition but also on ensuring full regulatory compliance and smooth contract negotiations, especially in alignment with Serbian law. In crafting the Design and Build Contract, our team prioritized understanding and integrating JFE Shoji's long-term objectives, thereby developing a legally sound and strategically viable roadmap. Our project management was meticulous as time was of the essence for the successful fulfilment of the client’s business plan.  Regular, transparent communication was very important, ensuring all parties remained aligned and fostering a cooperative environment throughout the process.

 

How do you conduct your process of due diligence when working on projects like this, what makes your process so effective?

Our approach to due diligence, especially in projects like those with JFE Shoji, is rigorous and comprehensive, delving into every legal detail, such as scrutinizing title deeds, ensuring compliance with zoning laws, and evaluating environmental regulations. What sets our process apart is the attention to detail and our proactive strategy. By anticipating potential legal hurdles and addressing them pre-emptively, we mitigate risks before they adversely affect the project. This effectiveness is a direct result of our profound grasp of both local and international legal landscapes, paired with our strategic intent to harmonize these legalities with the overarching business objectives of our clients. Through strategic foresight and legal precision, we turn complex investments into opportunities for global and local economic synergy.

 

How will this investment help Serbia’s economy to thrive along with JFE Shoji’s business goals too?

The investment by JFE Shoji in Serbia represents a significant economic opportunity for the country. It boosts Serbia's industrial capabilities by introducing over 100 new jobs and injecting advanced technology for electric motor and rotor production. Additionally, the project serves as a model for further Japanese investment in the country. For JFE Shoji, it establishes a strategic foothold in Europe, significantly enhancing their presence and improving distribution efficiencies. This dual benefit strengthens Serbia’s industrial sector and strategically aligns with JFE Shoji's ambitions to widen its global operations. This investment illustrates a perfect symbiosis of foreign investment fostering local economic growth while serving broader business strategies.

 

Does Gecić Law provide clients with ongoing support once the deal has been made to make sure that progress is not halted, what does it mean to you to help businesses grow and thrive?

Absolutely.  Our commitment to our clients extends beyond the deal closure. We provide continuous support to ensure that our clients adapt and thrive in their new business environment. For us, helping businesses grow and thrive means being a part of their journey every step of the way, assisting them in overcoming challenges and seizing opportunities in a new market. This ongoing engagement is crucial, as it helps build sustainable, long-term relationships and contributes significantly to the growth and success of the businesses we partner with. We are already working on another exciting mandate with JFE Shoji.

www.geciclaw.com

1 in 4 people suffer with mental health problems and yet so many stay silent without receiving the help and support they need. Try to treat your mental health the same way your would treat your physical health, you wouldn’t ignore it and you may even talk to others about it too.

Working can be very stressful and become a trigger for many people’s mental health problems no matter what they may be. Making sure to take care and look after yourself even during working hours is important to avoid burnout and prevent further problems for yourself.

 

What can you do for yourself?

 

Movement 

  • Movement matters and can make a huge difference in your mindset without you realising. The Mental health foundation began their May campaign surrounding the importance of movement and how this can provide you with so many benefits. Studies show that movement and exercise can reduce stress, improve sleep and more so including this in your daily routine is important.

 

  • Movement does not have to include running or going to the gym, it could be a lunchtime stroll, taking the stairs instead of the lift in the office, walking part of your commute or joining the cycle to work scheme if you can. There are little things you could switch up everyday to ensure you get some movement into your routine, especially If you work at a desk normally.

 

Connections

  • Connecting with people through your work day can lead to positive effects and reduce loneliness. This could be difficult if you work from home or struggle to make the social move. Joining a club or group could help you find a way to naturally do this while you learn a new skill or hobby.

 

  • Working from home might reduce your social interactions but if you live in a city you might be able to find co-working spaces where you could have others around.

 

  • In the office you could take your lunch with a colleague, share a lift to work, offer someone a tea or go over and talk to someone new.

 

Clear spaces Clear mind

  • Take care of your work space and treat it well. If you work space makes you more stressed then take a moment to clear things away, reorganise, buy a plant for your desk or add more personal items if you can. If you work from home it can help to have a designated work space that isn’t used after work so you can separate the two clearly and leave work at the ‘office’. The same goes if you have to bring your work home from the office, try to make sure this isn’t done on the sofa or in bed so you can keep your safe spaces that way.

 

Setting Boundaries 

    • If you are working longer hours than you should often then this could add to your mental fatigue and stress. Many jobs demand higher workloads and time spent on them however working longer hours does not always equal better quality work. If you are stressed, tired and overworked this could lead to poor work and unproductive hours spent. If you took care of your self and began a new day fresh then you could get more done within your allotted hours.

 

 

  • Setting boundaries is an important step to take and could alleviate your stress significantly.

 

Learning

  • Learning and setting goals can help you feel sense of accomplishment and progression. This could be at work or a hobby you are interested in. Take a class in something new or an area you have always been interested and set yourself time to be able to explore this fully.

 

  • Within work, you could ask your superior for ways your could progress or an area you could learn more about. You can ask your colleagues from a different department about their roles and learn from them.

 

  • Setting yourself goals for the week which you can tick off on Fridays could help you end the week. This could be things like, finish the report, send the email you have been putting off, try a new lunch spot or clearing your desk.

 

Switch it up

  • Keeping your days new and interesting during the week to avoid boredom and making the week feel longer. For some people, when everyday feels this same this can lead to feeling unsatisfied and they can lose motivation. Make an active effort to switch things up. Change your route to and from work, try new recipes for meals, if you work from home maybe try a new location whether that’s a local library or coffee shop. Try these small things to change your week and give yourself a new outlook.

 

Taking care of your mental health is always important and shouldn’t be ignored, even if you are busy at work. If you are struggling try to reach out to a colleague or manager that could help you at work.

Enel Green Power Espana has successfully implemented a FAC-1 framework alliance contract with all contractors involved in the realisation of the Campillo Wind Cluster in Cueca, Spain.

The Campillo Wind Cluster consists of three wind farms between the towns of Campillo de Altobuey and Enguidanos in Cueca. These three facilities will provide about 660 gigawatt-hours per year. Enel Green Power Espana has an existing renewable capacity of over 7779 megawatts in Spain.

EUR 256m will be invested into the wind farm by Enel Green Power along with hiring 350 people.

Sirbu & Vornicu Law advised Enel Green Power Espana led by managing partner Roxana Vornicu. Roxana was appointed as Alliance Coach advising the client on the implementation of FAC-1, a collaborative contract used as integrator of bilateral appointments/contracts between the members of the project.

 

´This project was innovative and a great success, showing the potential of collaborative contractual approaches for any type of project and any type of team.  What is special in this project was that team members were new to this contract and to collaborative agreements in general. Its benefits became visible from the very beginning of the project and were confirmed at the end since connection to grid took place ahead of time with significant financial savings as well. ´ - Roxana Vornicu

 

Q&A with Roxana Vornicu

 

Roxana, can you tell us what your strategy for leading this team throughout this project consisted of and how you personalised this to your clients?

 

My role in the project was that of an Alliance Coach, an independent adviser guiding the client through the mechanism of FAC-1, the type of contract used for the project as well as through the specific contractual mechanism for joint decision making and risk management. I assisted the Alliance Manager and acted as a back-up/informed support in matters relating to the application of the umbrella contract/contractual integrator.

 

What legal counsel was necessary for Enel Green Power to succeed through this investment, where did your team come into action to support your clients?

The Enel in house team did an amazing job throughout the project and the advice needed from us was specific in terms of collaborative construction companies.

 

Were there any challenges which arose in any area and how did you manage to address and overcome these?

The main challenge was the initial phase of introducing the client to these new forms of contracts and ways of working. However, Enel proved to be a visionary client adopting intelligent strategies as a client and this helped us put in practice the benefits of using a contract like FAC-1.

 

With an investment of EUR 256m how was this figure decided on and what factors have to be considered when dealing with such a large investment?

This is of course dependant on a client´s commercial strategies in Europe and outside of Europe but the fact that an alliance approach was used for such a big investment shows Enel´s commitment to innovative legal advice and contractual practices and their intention to truly lead and inspire towards the future.

 

Enel Green Power are not only creating renewable energy source they are also supplying 350 local people with job opportunities, what was it like to be a part of this project and support the proceedings?

All of Enel´s results and commitments in this project went beyond just the built asset. Health and Safety was another major objective agreed and binding for all members of the team and all the contractors. It is very fulfilling for us as lawyers when our clients achieve great things and add improved value through their work.

 

Can you expand on how this project will be completed and the work being done to ensure its success?

I believe its biggest success is Enel´s commitment to continue using collaborative agreements and alliances for their future projects. Whether we are ready to embrace it or not, the construction industry is changing and needs to change if we want to increase productivity and recover after Covid and the recent armed conflicts in the world. When you combine these challenges with the net zero challenge and all the climate change commitments as well as the digitalisation of the industry and increased use of BIM, it becomes clear that we need new types of contracts and approaches, contracts that help us integrate teams and roles rather than focus on transferring the risk down the supply chain. We were therefore happy to contribute to this project and pleased to see that collaborative construction contracts are becoming mainstream in various industries and jurisdictions.

www.sirbuandvornicu.com

Celeste is a French Telecom operator which specialises in high-speed offers for businesses. Magic Group is recognised as one of the leading players in the field of hosting and internet access for French companies.

With this sale, Celeste will continue their external growth through the acquisition of Magic Group.

Celeste was given legal counsel by independent law firm, Meziou & Elleuch advising on the aspect of Tunisian Law. Members of the team included, Ahmed Meziou, Farah Elleuch and Malek Jaffeli.

 

 

www.meziouelleuch.com

 

 

The Recent lawsuits against Google

As one of the world’s largest and influential companies, Google has built up a record of legal action against them for using their influence and monopoly in the tech industry to remain on the top of the ladder.

Google have been facing multiple lawsuits against them through 2023 and 2024 in which they have denied all claims against them.

Google have been accused of abusing its dominance in the online advertising market and paying large sums to suppress competition.

In 2023 the US government argued that Google was using business dealing to block innovation in the search business. Google CEO, Sundar Pichai defended the business in trial October 2023.

In 2024 came the second major antitrust case which brought up concerns surrounding advertising strategies.

 

 

The trial

The 2023 trial is still awaiting a verdict. The 2024 case is set to go to trial in September with Judge Amit Mehta making the call.

The lawsuit is seeking damaged of $16.9 bn on behalf of publishers of websites and apps in the UK who claim they have suffered losses due to Google’s anticompetitive behaviour.

The punishment  could be, fines, orders to adjust business practices or even a total ban on contracts which make Google the default search engine.

If Google are found to have committed these allegations then other cases against other large tech companies such as, Amazon and Apple may also be brought up to trial.

 

 

Class action from 2020

In 2020 a class action against google began when it was found that those using private browsing were having their data collected. User’s alleged that Google’s Alphabet unit was improperly tracking people who set their browser to ‘incognito.’

The settlement

Google is currently in the process of their disclosures about what it collects in private browsing as well as providing the option for users to block third party cookies for 5 years.

Lindsay Corporation has acquired a minority stake of 49.95%  in Austrian measurement technology specialist Pessl Instruments. This deal leaves the option open to acquire the remaining share at a later date and was an investment built from an existing strategic partnership. Swiss Financial investor, Mountain Cleantech CO-invest as well as another minority shareholder sold to Lindsay Corporation.

Pessl systems are used in agriculture as well as an online platform, FliedClimate which can be used in all climate zones. The application can range to research, hydrology and meteorology to flood warnings.

The company’s headquarters are in Austris with subsidiaries in 17 other countries.

Grant Thornton provided legal counsel to Lindsay Corporation.

 

Q&A with Raphael Holzinger

 

Raphael, can you tell us the role of your team for Lindsay Corporation and in what aspects you supported them on?

We were pleased to provide Lindsay Corporation with Tax Due Diligence services from an Austrian perspective for their acquisition of the target. Additionally, we offered various transactional tax and structuring advice. We greatly appreciated the opportunity to collaborate with Lindsay very much and congratulate them on successfully closing the deal!

 

The main goal of our services in this project, was to scrutinize the target from a tax perspective, thus safeguarding that no material and potentially negative tax issues are overlooked by the acquirer.

 

Who else was a part of your team and what specialist areas were necessary to be included and utilised?

From an Austrian perspective the Tax Due Diligence and the additional service were provided by my team comprising Elisabeth Ludwig, Jakob Schmid and myself. In addition, our colleagues from Grant Thornton US supported the client with various additional services, such as financial etc., and maintained regular communication with us regarding various transactional topics related to the target.

 

How does taking a minority share to begin with and the option to acquire more at a later date benefit Lindsay corporation and why is doing this in stages preferable?

Entering a target as a minority shareholder initially, with the possibility of increasing the participation later, can be strategically advantageous for several reasons. This approach might be an enabler for the transaction on the merits and could also have positive effects on the further development of the target. Additionally, the presence of former shareholders who are still on the board, may help to ensure a smooth transition.

 

Can you expand on the main strategy your team implemented for this project as well as any amendments that had to be added along the way?

The main goal of our services in this project, was to scrutinize the target from a tax perspective, thus safeguarding that no material and potentially negative tax issues are overlooked by the acquirer. To achieve this, Grant Thornton Austria meticulously planned applied a very well-thought-through approach for Tax Due Diligence projects, starting with general initial requests to get an overview about the target and then gradually tracing down specific material topics.

 

Could you walk us through your process of due diligence that was used for this project and why this process is effective for you?

Based on our process for Tax Due Diligence projects, we typically initiate a kick-off call with the target entity in order to facilitate mutual acquaintance and ensure alignment between the involved parties. In a next step, initial request lists are provided to the client and made available to Grant Thornton via data rooms. Based on a review of the initial information, we identify specific “pressure areas”, which are then further scrutinized and discussed with the client as well as tax experts and the target’s management.

 

 

 

www.grantthornton.at

 

Cirsa Finance International is a subsidiary of the multinational gaming company of Cirsa Enterprises has issued senior secured bonds for $707.7m operation. This was carried out in 2 separate tranches first in senior guaranteed bonds for $489.92m and senior floating rates notes for $217.7m.

Cirsa is owned by Blackstone and operate and manufactures slot machines present in Spain, Italy, Panama, Colombia, Mexico, Costa Rica and Peru.

Tapia Linares y Alfaro (Talial) acted as legal counsel to Deutsche Bank stock exchange throughout the process. The team included Fernando A. Linare and Ronie Moreno.

They reviewed the licenses and permits of the Panamanian subsidiary guarantor and the transaction documents as well as drafted a share pledge agreement. They then issued the corresponding legal opinions which covered the capacity of the Panamanian subsidiary guarantor in order to execute and deliver the document of Panama law relating to the Offering.

 

www.talial.com

A&O Shearman have announced the completion of their successful merger integrating to become a global leading firm. The firm consists of almost 4000 lawyers, 800 partners with 47 offices in 29 countries operating across every industry sector and market.

Their combined revenue comes to around $3.15bn.

Iberian Law reports that A&O Shearman are already advising over a third of New York Stock Exchange-listed businesses and a 5th of the NASDAQ on top of many of the world’s leading organisations.

A&O Shearman are now the only firm equally fluent in US Law, English law and laws of the most dynamic markets.

 

Allen & Overy found that over 99% of the votes casted at each firm were in favour of the merger.

 

Structure of the firm

  • Areas such as M&A, Litigation & investigations, Debt finance and others will serve clients on global matters guaranteeing collaboration around the world with constant offering across religions.
  • 6 key industry sectors will be operating across practices, products and geographies.
  • Regional offices will be focusing on local go-to-market strategies and collaboration.

 

 

 

Around the world demonstrations are taking place in solidarity with Palestinians in Gaza specifically in University campuses.

In Australia 7 universities have held protests including Sydney and Queensland. Universities in the UK such as Newcastle, Leeds, Bristol and other have held sit in. Universities around the world are taking after one another in India, Lebanon, France and others.

These protests consist of sit ins and many pitching tents on their campuses and refusing to relocate.

 

Why are they Protesting?

The students fight for their universities to cut off any partnerships they have with companies with ties to Israel. Many universities conduct business with companies like military manufacturers who supply weapons to Israel.

‘Around 100 US colleges have reported gifts or contracts from Israel totalling $375m (£300m) over the past two decades, according to the Education Department database.’

 

The threatened attack on Rafah, were many are located trying to flee the conflict whilst on the brink of starvation and cruelty has spurred these demonstrations further.

Their demands of several protests also include advocating for a ceasefire in Gaza.

 

Reaction to the protests.

In the US over 2000 people have been arrested at campuses causing debates over their rights to protest, free speech as well as accusations of antisemitism.

During the Colombia University protest a policeman fired his gun in the hall whilst clearing the demonstration with no casualties. This was said to be an accident and is under review.

In France, the demonstration at the University of Sorbonne was cleared by the police as well as CNN reporting video footage of officers dragging two students out of tents and along the ground. Others continued the protest inside the university and the reaction was the campus closing.

In Canada the Quebec Court rejected an injunction request that would have forced the protestors to vacate the premises allowing the demonstrations to continue. Protest have also been carried out in Toronto, Vancouver and others. According to CBC news.

 

Opposition to the protests

Several Jewish students have expressed their counter protests saying the feel they are directing antisemitism making them feel unsafe at their universities.

The Union of Jewish Students issued a statement which explains their feelings towards the recent demonstrations labelling them as “the continuous torrent of antisemitic hatred on campus.” This groups represents 9000 Jewish Students in the UK and Ireland stated that,

“While students have a right to protest, these encampments create a hostile and toxic atmosphere on campus for Jewish students.”

 

What do you think of the recent protests in support of Gaza?

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