Recent changes in German insolvency law – position of creditors in preliminary proceedings strengthened

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By Dr. Karl Friedrich Dumoulin, FPS Rechtsanwälte & Notare

With effect from 1 March 2012, new provisions were implemented in German insolvency law. They strengthen the position of creditors in preliminary proceedings prior to the appointment of an insolvency administrator and the commencement of insolvency proceedings. Creditors of the debtor in insolvency now have the following options to influence the appointment of the insolvency administrator.

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Unemployment and nickel-and-dime jobs may slow the recovery

Fotolia 25992432 S a 1For the member states of the Organisation for Economic Cooperation and Development (OECD), the recession years of 2008 and 2009 also constituted a social protection system stress test. This is indicated by an analysis of employment and unemployment presented in September 2011 (OECD Employment Outlook 2011). It appeals to the governments of the G-20 states to solve the structural problems of the employment market.

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Foreign Judgments in Russia

By Aram Grigoryan, Nektorov, Saveliev & Partners

One of the most global events in the field of international justice was the adoption by the Hague Conference on Private International Law of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters 2019. It is assumed that the Convention will increase certainty and predictability and promote the better management of transaction and litigation risks.

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Execution of US Pre-Trial Discovery Orders in Switzerland

By Mirco Ceregato, Bratschi Ltd.

The taking of a deposition in Switzerland is subject to Art. 271 of the Swiss Criminal Code. Therefore, in cases where jurisdictional discovery is granted by a US court against a defendant who resides in Switzerland, all involved parties and counsels are at risk of becoming liable to prosecution in Switzerland if the envisaged legal path is not duly followed.

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Conflict during negotiations

Conflict Resolution

By Dr Thomas Ditges, DITGES Rechtsanwälte Wirtschaftsprüfer Steuerberater

Conflict resolution is situational. In the private sphere, many people seek legal clarification and, sometimes, undue advantages, if the law enables them to. The good entrepreneur has no lawsuits. If the legal situation is unclear, he derives his planning from experience. Although it is not possible to avoid every dispute, his ability to anticipate legal issues can substitute for legal advice.

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European Regulations on Servicing of Documents

By Dr Jiri Novák and Jan Sekret, Broz & Sokol & Novák

Based on the findings of the 2017 regulatory fitness evaluation, the European Commission proposed amendments to both the Regulation on the service of documents and the Regulation on the taking of evidence in civil or commercial matters. On 13 February 2019, the European Parliament (EP) adopted the legislative resolutions on the proposal for regulation amendments at the first reading.

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Language related issues in international arbitration

By Matteo Zanotelli, SLT Strategy Legal Tax

On the basis of personal, professional knowledge and some very hands-on experience in the field of international commercial arbitration, this article aims to shed some light on a particular underestimated aspect of arbitral proceedings, with the hope of alerting professionals and business operators to a few preventable mistakes in contract drafting.

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Mediation

Effective Advocacy in Mediation

By Leslie A. Berkoff, Moritt Hock & Hamroff LLP

Mediation is a collaborative process that allows parties to resolve a pending dispute in a manner that is far more flexible than that which can be achieved under a court decision. Advocates play a critical role in ensuring that the process achieves a positive result for the client. Here are some key takeaways that advocates should keep in mind.

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The Continuing Value of the Joint Session in ADR

By Leslie A. Berkoff, Moritt Hock & Hamroff LLP

Traditionally, most mediations began with a joint session and no lawyers were involved in the process. The joint session allowed the mediator to set the tone for, and explain, the process. Overtime, lawyers began to be retained by the parties and the process became a precursor to litigation or a stop along the path to the courthouse.

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England and Wales: Might Ordering Security for Costs Breach Article 6 of the ECHR?

 By Peter Hornsey, Ward Hadaway

Where a defendant (‘D’) to an action suspects that a claimant will not, or cannot, pay the costs of the litigation in the event D successfully defends a claim, D may apply to the Court for an order for security for costs. When made, the order typically requires the claimant (‘C’) to pay money into the Court before the claim proceeds, in order to secure D’s position.

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