Law

Conflict during negotiations

Conflict Resolution

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.

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Law

Prague Cathedral

European Regulations on Servicing of Documents

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.

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Law

Translation

Language related issues in international arbitration

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.

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Law

Mediation

Effective Advocacy in Mediation

By Leslie A. Berkoff, Moritt Hock & Hamroff LLP

Mediation is a collaborative process that allows parties to resolve a pending dispute in a manner that is far more flexible than that which can be achieved under a court decision. Advocates play a critical role in ensuring that the process achieves a positive result for the client. Here are some key takeaways that advocates should keep in mind.

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Law

The Continuing Value of the Joint Session in ADR

By Leslie A. Berkoff, Moritt Hock & Hamroff LLP

Traditionally, most mediations began with a joint session and no lawyers were involved in the process. The joint session allowed the mediator to set the tone for, and explain, the process. Overtime, lawyers began to be retained by the parties and the process became a precursor to litigation or a stop along the path to the courthouse.

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Law

England and Wales: Might Ordering Security for Costs Breach Article 6 of the ECHR?

 By Peter Hornsey, Ward Hadaway

Where a defendant (‘D’) to an action suspects that a claimant will not, or cannot, pay the costs of the litigation in the event D successfully defends a claim, D may apply to the Court for an order for security for costs. When made, the order typically requires the claimant (‘C’) to pay money into the Court before the claim proceeds, in order to secure D’s position.

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Law

London, UK

The UK’s Tax Evasion Crackdown

By Ryan Lynch, Memery Crystal LLP

On 30 September 2017, broad new laws came into force in the UK which make businesses criminally liable where parties associated with them, such as employees and agents, facilitate tax evasion.

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Law

Angola approves its accession to the New York Convention

By José Alves do Carmo and Tiago Pereira Monteiro, AVM Advogados

The Republic of Angola approved its accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards by means of the publication of the National Assembly Resolution no. 38/2016 of 12 August 2016.

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Law

The Enforcement of Arbitration Clauses in Quebec, Canada

By Francis P. Donovan, Ravinsky Ryan Lemoine L.L.P.

The ever-mounting costs and delays associated with formal civil and commercial litigation are well known. More than ever, the parties involved in commercial disputes choose to resolve their differences by having recourse to dispute resolution mechanisms outside the judicial system, and most notably mediation and arbitration. Again, in many jurisdictions, the legislature has taken steps to facilitate and to encourage alternative dispute resolution.

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Law

The force of res iudicata of an unusual German decision involving a property case

By Laura A. Patti, Patti - Avvocati & Rechtsanwälte

A German judge holds that the jurisdiction does not belong to him (being an Italian judge the competent one) but, at the same time, incidentally decides upon one of the issues in the merits, contrary to the client’s interest. When suing in Italy, which part of the German decision is covered by force of res iudicata and, thus, binding for the Italian judge?

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