By Michael Quinan, Christian & Barton LLP
In many ways, an American government agency may appear similar to a court, but there are significant differences. There are so many courthouse lawyers today that, even in the same courtroom, many will hardly know each other. However, a small group of administrative lawyers will, in many cases, appear before the same tribunal. Not only will they have intimate familiarity with agency rules, but they will know the people and the specific accepted practices that other lawyers will not find in any rulebook.
By Cornelia van Heerden, Heyns and Partners Inc
With the inception of the Companies Act 2008 (hereinafter referred to as 'the Act), South African corporate law practitioners were recently introduced to a new concept, the principle of Business Rescue.
By Dr. Mariagiulia Signori, COMMA 10
Italy regulated the extra – judicial proceedings for ADR with Legislative Decree No. 28/2010, which made provision for mediation becoming a preliminary condition for judiciary proceedings. This term of law was examined by the Italian Constitutional Court which, in its judgment No. 272/2012, declared the unconstitutionality of the legislative decree No. 28/2010 as it stipulated compulsory mediation.
By Jordi Pallarès Vinyoles, Grup Vilar Riba
Key legal aspects to be taken into account by a manufacturer that wants to terminate the relationship with a local Spanish distributor:
By Dr. Karl Friedrich Dumoulin, FPS Rechtsanwälte & Notare
Confidentiality clauses are widely used in M&A and IP transactions as well as in cooperation agreements between high-tech companies and also in arbitration and mediation agreements. Therein, the parties involved usually undertake not to disclose certain confidential information disclosed by the other party in the formation of the agreement. Moreover, it is often the case that the parties also undertake not to make use of certain evidence made known in the transaction. If, at a later date, certain elements of the transaction become contentious between the parties and the case goes to court, the question arises whether and to what extent the parties and the court are bound by the confidentiality agreement, i.e. whether a party is permitted to submit to the court certain information or evidence defined as confidential in the agreement.
Voisin has recently recorded a significant success in the case of Pirrwitz -v- AI Airports International Limited ("AI") and PI Power International Limited ("PI"). The action concerned a claim for non-payment of contractual exit fees on behalf of Mr Bjorn Pirrwitz, a Director of AI and PI.