The German Mediation Act 2012

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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Particularities under Austrian litigation – overview of two particularities in the Austrian Civil Procedure Order (Zivilprozessordnung, ZPO)

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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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Regulatory litigation in the United States

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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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Italy: Mediation in civil disputes

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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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Commercial dispute in Japan – litigation or arbitration?

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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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Impact of confidentiality clauses on litigation in the German courts

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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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Major Litigation Success for Voisin

Voisin has recently recorded a significant success in the case of Pirrwitz -v- AI Airports International Limited ("AI") and PI Power International Limited ("PI"). The action concerned a claim for non-payment of contractual exit fees on behalf of Mr Bjorn Pirrwitz, a Director of AI and PI.

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New European Seizing Proceedings

By Michiel Teekens and Johan Langelaar, TeekensKarstens

On behalf of the International Dispute Resolution Practice Group this outline provides an interesting update about the European plans to further evolve the possibilities to initiate (international) seizing proceedings within Europe.

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