By Dr Christian Dittert, LUTZ | ABEL Rechtsanwalts PartG mbB
In urgent matters, civil procedural law allows for preliminary injunctions. It is a peculiarity of German law that a preliminary injunction must be formally served on the opposing party. Such formal service of documents at the instigation of a party can be mainly affected either by instruction of a courtappointed enforcement offcer to serve the documents or by formal service from one attorney on another attorney (the latter only if both parties are represented by attorneys). It is important that, according to Sec. 929 Para. 2 ZPO, such formal service must be duly performed within a month after the preliminary court decision has been issued. Without service in time, the opposing party is entitled to bring a motion to set aside the preliminary injunction.
By Oltion Kaçani, Gjika & Associates Attorneys at Law
Recent developments and ongoing changes in civil and commercial relations should necessarily be reflected in legislation, in particular in the procedural legislation. Judicial procedures for adjudicating cases of every nature are important, as they must guarantee to all citizens effective access, fair trial and, within a reasonable time, independent and impartial tribunal and other guarantees stipulated by Article 6 of the European Convention on Human Rights.
By Yasmine Misuraca, Prager Metis International LLC
As long as greed exists, so will corruption. To combat corruption, the US enacted the Foreign Corrupt Practices Act (FCPA). Its provisions prohibit offering, authorising, or making payments of money or anything of value to influence the decision making of foreign government offcials to obtain or retain business.
By Jordi Pallarès, Grup Vilar Riba
Making or accepting presents in the context of commercial relationships has traditionally been a culturally accepted practice in Spain. Inviting potential clients to dine out, or inviting them to watch a football match, or sending them a bottle of wine at Christmas, are practices in which companies have invested part of their budgets.
By Wolfgang Fürnschuss, Advocatur Seeger, Frick & Partner AG
Liechtenstein introduced its foundation law in 1926, when the country’s extensive Persons and Companies Act came into effect. This important piece of legislation set the scene for the country progressing from a mainly agricultural state to a wealthy economy offering a wide array of financial services.
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.
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.
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.
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.
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.