Partners Emma Lejeune and Stuart Dalmedo together with Senior Associates Michael Adamberry and Nick Isola and Associate Jake Collado, were invited to contribute to the Gibraltar chapter of the Chambers and Partners Doing Business In… 2022 Guide.
Covering 45 jurisdictions, the Guide gives the latest legal information on restrictions to foreign investments, corporate vehicles, employment law, tax law, competition law, intellectual property (IP), data protection and upcoming legal reforms, was also written by ISOLAS’ lawyers in 2021.
The Gibraltar chapter focuses on providing an understanding of the jurisdiction’s legal system – largely based on English Law (common law and equity), favourable to conducting business. The United Kingdom’s acts implications on Gibraltar law are covered as well as the legislative decisions. In addition, explanations of judiciary and court structures are covered, including how these differ from those of the UK. Court proceedings are also described and how the civil and criminal processes operate in Gibraltar.
Other matters covered include legal entities (companies and trusts), how they are established, administered and staffed; competition law and the rules and regulations relating to mergers, cartels and abuse of corporate power; employment law, including contracts, remuneration and termination amongst other matters; tax law and Gibraltar’s several advantages and anti-evasion provisions (transfer pricing and thin capitalisation rules); intellectual property, procedures and protection covering, patents, trademarks, industrial design, copyright and ancillary matters; and data protection, its scope and security.
In addition, the chapter touches upon EU Law and Brexit, more specifically on how Gibraltar has retained certain EU legislation, similar to the U.K, by virtue of Gibraltar’s European Union (Withdrawal) Act 2019 (EUWA). As the U.K voted out of the Schengen Agreement, Gibraltar is also not a part of the agreement, and the implications of this decision are also discussed in the chapter.
Emma Lejeune, Partner at ISOLAS commented: “It is very rewarding for all of us at ISOLAS to see our observations being included in the Gibraltar chapter of the Chambers Global Practice Guide yet again. We believe that the insights and information provided in the Gibraltar chapter serve well those looking to do business within the jurisdiction, and help to shed light on some key aspects of Gibraltar’s legal system.”