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Legal Update

Global Hospitality & Leisure - March 2010

3 March 2010
Mayer Brown Legal Update
International Hotel Investment Forum - 8-10 March 2010

We look forward to seeing you in Berlin at the annual IHIF conference. There will be 7 members of the Global Hospitality and Leisure Group attending, including Andrew Armfelt, a hospitality veteran who has recently joined our Paris office with his team as of 1 February 2010.  Andrew has a wealth of experience in the hospitality field and has worked on projects across Europe and North Africa for clients such as: Westmont Hospitality, Marriott, Whitehall and numerous other blue chip companies. Andrew's experience includes M&A and JV work, acquisition finance, sale and lease back transactions, advising on management and franchise agreements and other real estate development work.

We are also delighted that we will be joined by Daniel Alaminos Echarri and Livio Esposizione from our alliance firms of Ramon & Cajal and Tonucci & Co respectively. If we have not already been in touch with you to meet up whilst we are at the conference and you would like to meet up with any of us, please let us know.

We have included a selection of topical issues which have relevance to the hotel industry from our offices in London, Paris, Chicago, Hong Kong as well as from our associates Tonucci & Partners in Italy.

UK registered trade mark for THE CARLYLE hotel name revoked for non use

By Luke Dixon (London), Doreen C.Y. Wan (Hong Kong)

The owners of the Carlyle Hotel in New York have lost their UK trade mark for the CARLYLE name because that name had not been used in the UK. The Carlyle LLC had its UK trade mark registration for THE CARLYLE revoked in full because it was unable to provide evidence of genuine use of the trade mark in the UK within the relevant five-year period since registration...

New hotel star rating in Paris

By Andrew Armfelt, Alexandra Plain, Paris

The regulation of 22 December 2008 and article 10 of the Law n° 2009-888 of 22 July 2009 regarding the development and modernization of the tourism services have, 22 years after its implementation, finally reformed and updated the French hotel rating system...

Are you ready for the CRC?

By Peter Sugden, Michael Hutchinson, London

The CRC, a new UK carbon trading scheme, comes into force in just over one month’s time. The H&L sector is a major consumer of energy and faces particular challenges under the scheme...

Italian state aids to the hotel industry

Tonucci & Partners (in alliance with Mayer Brown LLP), Rome

The Italian Government is now deeply involved in several activities aimed at increasing the competitiveness of the Italian tourism sector which currently engages almost 3 million employees and a share of GDP in excess of 10%...

The Show is not over...unless the parties say it is - When is an Arbitrator's award final, conclusive and binding on the parties?

By Kevin R. Owen, Thomas Feld, Hong Kong

Hotel Agreements often choose to have arbitration as the final dispute resolution mechanism due to the relative ease of enforcing arbitration awards overseas. However, often little thought is given to the drafting of arbitration clauses and existing templates are simply regurgitated. These templates (particularly those which are governed by English law or the laws of jurisdictions influenced by English Law such as Hong Kong) may need to be reconsidered in light of the decision in Shell Egypt West Manzala GmbH and Shell Egypt West Qantara GmbH v Dana Gas Egypt Limited (formerly Centurion Petroleum Corporation)...

Terrorism: the implications for hotel management agreements

By Andrew MacGeoch, Emily I. C. Wong, Hong Kong

Bombings and attacks on hotels in India, Indonesia and elsewhere are major concerns for hotel owners and operators alike. Quite apart from the obvious primary concern for staff and guest safety, terrorist events outside the control of an owner or operator present significant issues of risk allocation for both parties under hotel management agreements. This note identifies those provisions in hotel management agreements to which both owners and operators should pay particular attention when negotiating agreements in today's environment...

Landmark Case concerning the Macau Gaming Credit Law

We acted for Wynn Resorts (Macau) S.A., the owner of resort and casino "Wynn Macau", in its claim for credit of about HK$30 million advanced to a high-roller and obtained judgment for the same amount.

This action is the first claim based on the new Macau gaming credit law and contested before the Hong Kong court. In opposing our application for summary judgment, the defendant adduced expert evidence to the effect that the credit advanced was unenforceable under Macau law and therefore the interpretation of the Macau statute was a triable issue. This argument was rejected by the High Court which preferred the opinion of our experts. This judgment has drawn considerable press coverage in both Hong Kong and Macau and has been hailed as a "watershed event" for the Macau gaming industry by Steve Jacobs, President and CEO of Sands China, a rival of Wynn Macau.

For further information please contact:


Tel: +44 20 3130 3522

Tel: +33 0 1 53 53 18 59

Co Head of Real Estate
Tel: +49 221 5571 122

Tel: +49 221 5771 216

Partner, Ramon & Cajal
Tel: +34 91 576 19 00

Partner, Tonucci & Partners
Tel: +39 60 362 271

Tel: +1 202 263 3231

Tel: +1 202 263 3215

Rio de Janeiro
Tel: +55 21 2127 4213

São Paulo
Tel: +55 11 2504 4245

Hong Kong
Tel: +852 2843 2253

Hong Kong
Tel: +852 2843 2253

Tel: +8610 6599 9266

Ho Chi Minh City
Tel: +84 8 3822 8860 x103

Tel: +66 2 677 7577

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