In Latvian Case SKC-176/2017, lessor Swedbank Leasing resold the lease objects to another buyer after lessee Mednis had made full payment, such that, according to the judgment of the arbitration court, at the moment the objects were resold the lessee was not in debt to the lessor.

Investment involving public funds in Poland is often a source of conflict between public sector entities and entrepreneurs.

So far, 2017 has been a very challenging year for dispute resolution in Slovakia, as several new laws changing the current approach to court proceedings and arbitration have entered into force. Practitioners as well as the courts need, therefore, to balance the old rules (which are to some extent still applicable to ongoing proceedings) with the new rules.   

On February 1, 2016, the Amendment to Act No. 634/1992 Coll., on Consumer Protection (the “Amendment”) entered into force, implementing European Union directive No. 2013/11/EU on alternative dispute resolution for consumer disputes, which requires the member states of the European Union to ensure that consumers have access to a simple, efficient, fast, and low-cost way of resolving disputes arising from sales or service contracts.

The Parties’ Positions

In state court proceedings, Claimant requested indemnity pursuant to Section 24 of the Austrian Commercial Agents Act, basing the Austrian court’s jurisdiction on Section 99 of the Law on Court Jurisdiction, pursuant to which a person who does not have a forum generale in Austria may nevertheless be sued in Austrian courts if he or she has assets within the district of an Austrian court. Claimant argued that Respondent had assets in Austria as it had an outstanding claim against it.

The most recent amendment to the Slovenian Civil Procedure Act (Zakon o pravdnem postopku, or “ZPP”) was issued in February 2017, with the amendments set to apply from September 14, 2017. 

The Hungarian Parliament has recently adopted three new procedural laws: Act CXXX of 2016 on the Code of Civil Procedure (“CCP”), Act I of 2017 on the Code of Administrative Litigation (“CAL”), and Act CL of 2016 on Administrative Proceedings, which will all enter into effect on January 1, 2018. These new procedural laws come on the heels of the recodification of many substantive laws such as the Civil Code and the Criminal Code. This article aims to give a brief overview of these new procedural laws.

The Russian annexation of Crimea in March 2014 and subsequent military actions in Eastern Ukraine left Ukraine reeling. It took a while for the country to develop a strategy and institute its first arbitration and court actions against the Russian Federation. These first legal challenges are now bearing fruit, as several landmark decisions have recently been delivered by major international dispute resolution venues.

This article has been drafted to follow-up to the 2016 Comparative Report on Minor Disputes, which was drafted by the World Bank in cooperation with the Dutch Ministry of Foreign Affairs.

The latest amendments to the Civil Procedure Code of Albania (CPC) which will enter into force in November 2017 are designed to increase the efficiency and performance of the country’s judicial system.

MOTTO: No judge writes on a wholly clean slate.

Long and costly court procedures resulting in enforceable verdicts remain the norm in Dispute Resolution in Montenegro.

The digital era brought us new ways of distribution of media content, one of them being the performance of services of online media platforms. Since this is a relatively new kind of business activity, it is necessary to analyze the way it fits within the provisions of Serbian legal system. The major question in this respect pertains to potential copyright and related rights infringement.

The burden of costs in litigation has always been of great importance to people and companies deciding whether to bring a civil action. 

Russia is undergoing a rapidly-developing process of judicial reform aimed at unifying the different procedural rules of the two systems of Russian courts: those with so-called “common” jurisdiction and the “arbitration” courts.

Prior to initiating a civil court procedure, parties may try to solve a dispute through out of court negotiations. When these out of court negotiations are not successful or when the relevant statute of limitations is about to expire, in order to protect their rights, the parties can initiate a procedure in the competent court.

“Parallel proceedings” are disputes between the same and/or related parties in the same or related disputes in different forums. Parallel proceedings usually arise when court and arbitration proceedings are commenced simultaneously to resolve the same case or a case that will in some way affect the other. Disputes arising out of shareholders’ agreements and articles of association, in particular, come under the spotlight in Turkey in the context of parallel proceedings.

Preserving confidentiality is always a top priority for a successful business, especially if you have an advanced R&D department. Taking into account the need to freely transfer information on the one hand and the strict necessity to preserve the safety of personal data and databases on the other, the issue of confidentiality becomes even more important.