Law
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
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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Law
By Jenni Jenkins and Thomas Grace, Memery Crystal LLP
When can English courts provide interim assistance or support to parties engaged in arbitration?
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Law
By Michiel Teekens, TeekensKarstens Advocaten Notarissen
When thinking of the Dutch, we often picture tulips, windmills, wooden shoes, bikes, endless canals, the occasional payment misunderstanding when “going Dutch” and perhaps the legal use of a certain popular addictive substance. However, the Dutch are also known for their devotion to remaining an important player in the field of international business, something which is rooted in their past.
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Law
By Francis P. Donovan and Jean-Philippe Bolduc, Ravinsky, Ryan, Lemoine, LLP
As part of a bailout provided by the Canadian government to General Motors during the 2008 financial crisis, over 200 GM dealerships were closed, with GM offering dealers compensation pursuant to Ontarian wind down agreements. A class action was filed in Ontario, alleging that the firm Cassels Brock and Blackwell LLP gave negligent legal advice to the dealers. Cassels Brock added 150 Canadian law firms, which had also given dealers advice pursuant to the agreements, as third party defendants.
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Law
By Dr Angelika Baumhof & Christian Pflaeger, Jakoby Dr Baumhof
Why go to court and transfer the case to a mediating judge? Does that make sense? The German Civil Procedure Code allows the parties to suspend the civil procedure and have the case transferred to a different judge who has undergone specific mediation training upon mutual agreement.
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Law
By Michiel Teekens, TeekensKarstens advocaten notarissen
The new Regulation (EU) No 1215/2012 on jurisdiction and the recognition of judgments in civil and commercial matters (Recast Regulation) applies to proceedings commenced in the courts of the European Union’s Member States from 10 January 2015 and amends the better known Brussels Regulation, (EC) No 44/2001. Some changes are significant:
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Law
By Seiichi Yoshikawa, Koga & Partners
In Japan, a new statute on conflict of laws was promulgated in 2006. Under the new law, the governing law on contract is the law that the parties have selected, and if the parties have not so selected, the law of the place which has the most significant relationship with the contract.
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Law
By Jean Lemoine and Francis P. Donovan, Ravinsky Ryan Lemoine, L.L.P.
Restrictive covenants such as noncompetition and non-solicitation clauses have become a common feature in employment contracts, contracts for the sale of a business and a variety of other commercial transactions. In Canada, Courts are generally more inclined to consider such covenants as being excessive – and therefore invalid – in employment matters than in business matters. However, what of the very common hybrid situation in which the seller of a business remains for a time as an employee after the sale?
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Law
By Prof. Dr. Renate Dendorfer-Ditges & Philipp Wilhelm, DITGES PartGmbB
Mediation is increasingly considered as an alternative to settle commercial cross-border disputes. Regularly the question is raised whether the result of mediation will be enforceable. In this respect, it is advisable to draft the final agreement enforceable according to the law of that state in which enforcement is expected, e. g. as a notarial deed (see sec 794 para 1 no 5 German Code of Civil Procedure/ZPO), a settlement reached among attorneys (see sec 796a, sec 796b ZPO), or a settlement concluded by the parties before a court (see sec 794 para 1 no 1 ZPO).
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