By Ekaterina Kabanova, KBK Accounting
The legal system of Russia belongs to the civil law system. Case law is not binding, except for decrees of the high courts. The civil procedure is governed by two procedural laws – the Civil Procedural Code (CPC) and the Arbitrazh Procedural Code (APC) for commercial disputes between companies.
By Steven Docherty, Wright, Johnston & Mackenzie LLP
In the UK, many construction project disputes are decided by adjudication – a form of dispute resolution. The aim is to provide a quick and costeffective mechanism for improving cash-flow during a construction project.
By James P. Martin, Cendrowski Corporate Advisors LLC
On 19 June 2019, the Michigan Supreme Court amended Michigan civil discovery rules effective 01 January 2020. The rules are intended to modernise and make the litigation process more effcient, and they move substantial procedures to the front of the case.
By Raffaela Lödl-Klein and Eva Pany, KAPP & PARTNER Rechtsanwälte GmbH
Third-party litigation funding had a late start in Austria, but it has become an accepted practice. It enables a party to litigate or arbitrate without having to pay for it (e.g. in case the client does not have the funds to pursue a case). Instead of the client, a third-party capital provider can take over some or all the costs/expenses and risks of the proceedings.
By Cristina de Canals, Grup Vilar Riba
One of the main reasons for foreign companies deciding to set up a Spanish subsidiary is because it allows for clear separation of the assets of the mother company from those of the subsidiary. However, most of the directors of Spanish subsidiaries are not aware of what is involved in their position and the legal consequences of misconduct, which can be very serious for them and for their assets.
By Jessica E. Murphy, Mirick, O’Connell, DeMallie & Lougee, LLP
In the current economy, it is commonplace to execute and exchange contracts entirely electronically. Businesses that want to operate in this electronic universe need to understand how to create enforceable electronic contracts.
By Andrew Lacey and Guy Lewis, McCabe Curwood
In two recent decisions, superior courts in Australia have pushed the boundaries of what constitutes participation in the publication of materials on social media for the purposes of defamation law.
By Marzanna Sobaniec, Penteris
The most significant amendment to the Polish Code of Civil Procedure in 30 years entered into force 7 November 2019. As of 7 November 2019, entrepreneurs in Poland can expect faster case processing and a simplified procedure. Court disputes between entrepreneurs will be heard according to so-called separate commercial proceedings as well as an expanded catalogue of commercial cases.
By Matteo Zanotelli, SLT Strategy Legal Tax
It is well known that the insolvency declaration of one party affects deeply the course of a civil/commercial proceeding. Each state provides specific rules on the matter, but, as far as the European Union is concerned, EU Regulation n. 848/2015 on cross-border insolvency governs the effects of the opening of an insolvency proceeding across the EU member states.
By Natalia Pynnikova, KBK Accounting
Procedures for recognition of foreign court decisions and the possibility of such recognition and execution depend entirely on who made the decision: an arbitration court or a state court.