Law
By Dr. Ágnes Borbás, Kovácz Réti Szegeheö
The Hungarian legislator also continues to apply its best efforts to make sure civil proceedings are concluded within the briefest possible time. In the current Act on Civil Procedure, actions filed for the enforcement of claims in excess of HUF 400 million have been regulated under the title "high-profile actions". In such actions, the deadlines of the courts and the parties are shorter than normal.
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Law
By Rodolfo Sanchez Arellano, New Corporate Approach
Legal disputes in Mexico may be resolved by Iitigation or through alternative dispute resolution mechanisms, such as negotiation, mediation, conciliation and arbitration. Over the past few years, arbitration has been increasingly used in Mexico to settle commercial disputes.
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Law
By Dr. Karl Friedrich Dumoulin, FPS Rechtsanwälte & Notare
The German Mediation Act 20-12, which has been in Force since 26 July 2012 (hereinafter referred to as "the Act"), not only regulates the mediation of cross-border disputes between EU member states (thereby implementing EU Directive 20o8/52/EC) but also the mediation of domestic disputes.
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Law
By Aurelia Tramposch, Tramposch & Partner
The Austrian legislator has increased the amount up to which legal dunning proceedings can be initiated. Monetary claims up to EUR 75,000.00 can now be directly, effortlessly and promptly claimed through dunning proceedings. After having filed a default action by the creditor the court will subsequently issue a conditioned payment order without having appointed a court hearing or having scrutinised the legitimacy of the claim.
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Law
By Michael Quinan, Christian & Barton LLP
In many ways, an American government agency may appear similar to a court, but there are significant differences. There are so many courthouse lawyers today that, even in the same courtroom, many will hardly know each other. However, a small group of administrative lawyers will, in many cases, appear before the same tribunal. Not only will they have intimate familiarity with agency rules, but they will know the people and the specific accepted practices that other lawyers will not find in any rulebook.
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Law
By Cornelia van Heerden, Heyns and Partners Inc
With the inception of the Companies Act 2008 (hereinafter referred to as 'the Act), South African corporate law practitioners were recently introduced to a new concept, the principle of Business Rescue.
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Law
By Dr. Mariagiulia Signori, COMMA 10
Italy regulated the extra – judicial proceedings for ADR with Legislative Decree No. 28/2010, which made provision for mediation becoming a preliminary condition for judiciary proceedings. This term of law was examined by the Italian Constitutional Court which, in its judgment No. 272/2012, declared the unconstitutionality of the legislative decree No. 28/2010 as it stipulated compulsory mediation.
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Law
By Seiichi Yoshikawa, Koga & Partners
Lawyers often face the question whether to resolve a commercial dispute in court or via arbitration. In Japan, arbitration is not necessarily considered a favourite forum (Each year twenty or so arbitration cases are filed with the Japan Commercial Arbitration Association).
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Law
By Jordi Pallarès Vinyoles, Grup Vilar Riba
Key legal aspects to be taken into account by a manufacturer that wants to terminate the relationship with a local Spanish distributor:
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Law
By Dr. Karl Friedrich Dumoulin, FPS Rechtsanwälte & Notare
Confidentiality clauses are widely used in M&A and IP transactions as well as in cooperation agreements between high-tech companies and also in arbitration and mediation agreements. Therein, the parties involved usually undertake not to disclose certain confidential information disclosed by the other party in the formation of the agreement. Moreover, it is often the case that the parties also undertake not to make use of certain evidence made known in the transaction. If, at a later date, certain elements of the transaction become contentious between the parties and the case goes to court, the question arises whether and to what extent the parties and the court are bound by the confidentiality agreement, i.e. whether a party is permitted to submit to the court certain information or evidence defined as confidential in the agreement.
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