Leiden, The Netherlands

What Constitutes Express Agreement for Valid Jurisdiction?

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.

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“Made in Italy” and the Certification Trademark - The Change of Direction as of 01 January 2021

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.

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Glasgow, Scotland, UK

How to Expeditiously Resolve Disputes in the Aftermath of COVID-19 and Why You Need to

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.

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Dublin, Ireland

Frustration of Contracts in Ireland

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.

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Role of the Economic Damages Expert in Causation

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.

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Prague, Czech Republic

COVID-19: A Catalyst of Remote Court Hearings

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.

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Warsaw, Poland

COVID-19: Litigation Procedures and Opportunities

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.

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Moscow, Russia

How to Buy a Pre-Bankrupt Business in Russia

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.

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