By Michiel Teekens, TeekensKarstens advocaten notarissen
The Netherlands Commercial Court (NCC) is a specific branch of the Amsterdam Court and Amsterdam Court of Appeal, and focuses on international commercial disputes. These include summary proceedings and main proceedings. Proceedings and judgments are in the English language. Like arbitration institutes, the jurisdiction of the NCC is dependent on an express agreement by parties.
By Daniel Waldman, Pallett Valo LLP
A recent decision from the Ontario Superior Court of Justice has confirmed that damages for lost opportunity will not be awarded when a real estate deal goes wrong.
By Dr Mariagiulia Signori and Dr Cecilia Trevisi, COMMA 10
Legislative decree no. 15/2019 brought Italian legislation into line with directive EU 2015/2436 and regulation 2015/2424. The main innovations include the reinforcement of the PDO (Protected Designation of Origin)/PGI (Protected Geographic Indication), of the traditional terms for wine (TTV), and the traditional specialities guaranteed (TSG), as well as the introduction of the certification trademarks alongside the collective trademarks.
By A. Ross Taylor, Wright, Johnston & Mackenzie LLP
COVID-19 has hit the global economy hard. Around the world, unemployment was up in 2020 compared to 2019. New job vacancies have shrunk, and many countries are in recession. Interest rates have been cut to help borrowing. Cashflow is tight and capital reserves are reducing. Inevitably, businesses will have less resources from which to fund costly litigation. They will have less appetite to do so too, because management time is consumed by effecting change to accommodate the new normal.
By Thomas O’Dwyer, Beauchamps
Contracts often contain a Force Majeure clause which provides what should happen if it cannot be performed due to intervening external circumstances. However, where no such clause is included, the contract may be deemed to be frustrated if it cannot be performed due to unforeseen circumstances beyond the control of either party.
By John T. Alfonsi, Cendrowski Corporate Advisors
Economic damages experts often assume liability, i.e. that the defendant’s alleged wrongful conduct, in fact, occurred. Causation of injury is a legal issue that is addressed by the plaintiff’s legal counsel. Causation of damages, however, is an issue the damages expert must address in their determination of damages to lend credibility to their opinion or prevent their testimony from being excluded.
By Dr Karl Friedrich Dumoulin, FPS
In Germany, the number of hearings in civil proceedings by way of video and audio transmission (Section 128a of the German Code of Civil Procedure) has increased considerably since the start of the pandemic. The judicial administrations of the Federal States (Länder) are moving to equip the courts accordingly in terms of technology.
By Dr Jirí Novák, Brož & Sokol & Novák s.r.o.
A year ago, I noted that it would only take two more pandemics to switch the majority of court hearings to the online world. Today, it appears, it will only take a wave or two of the current pandemic.
By Marzanna Sobaniec, Penteris
We have all seen seismic changes in the sector this past year. In 2020, McKinsey estimated that 23% of the work done by lawyers can be automated using current technology. In light of COVID, many EU countries have passed laws allowing video-conferencing in the regular operation of its courts. Likewise, in Poland, where the pandemic has accelerated the move to “online”, this has been a blessing in disguise.
By Roman Makarov, Nektorov, Saveliev & Partners
In the COVID-19 crisis, business is looking for a way to overcome the diffcult situation, and investors are looking for target companies that are being sold at an attractive price. The value of money is historically low. Investors understand that the time for opportunities has come.