legal aspects, novels and tips for structuring business in Ukraine
ANALYZING NOVELS: IRREVOCABLE POWER OF
ATTORNEY FOR CORPORATE RIGHTS
NEW OPPORTUNITIES: T H E ACQUISITION OF THE
R I G H T TO UNILATERAL TERMINATION OF T H E
CONTRACT
THE ESCROW ACCOUNTS THROUGH THE BANKS’ AND CUSTOMERS’ EYES. THE ISSUES AND OPPORTUNITIES OF USE
TRANSFER PRICING: CHANGE S 2019
THE ACQUISITION OF THE RIGHT TO ONE-SIDE TERMINATION OF AGREEMENT
WHAT IS AN AGREEMENT ON THE ENFORCEMENT OF THE RIGHTS O F T H E L LC ’ S PART I C I PANTS AND WHY DO YOU NEED TO USE IT?
Are the rights and obligations arising from a license transferable under Arti...Michal
This document provides a summary and analysis of a Supreme Court of Poland judgement regarding whether rights and obligations arising from a license are transferable under Article 40 of the Privatization and Commercialization Act when a state enterprise is privatized. The Supreme Court agreed with the first instance court's view that under Article 40, the purchaser of the privatized state enterprise acquires all rights and obligations from the license. This overturned the Court of Appeal's view that a license cannot be transferred through privatization. The Supreme Court found the purchaser was entitled to request an amendment to the license decision based on acquiring the rights from privatization of the state enterprise under Article 40.
P. podrecki, civil law actions against restricting practicesMichal
This paper’s aim is to describe the rules governing the assertion of civil law liability
in the event of a competition law infringement. Given the planned adoption and
implementation of a new EU legislative package concerning private enforcement, it
is useful to determine what legal instruments and procedures are already available
under Polish civil law that serve the protection of market players. This paper will
specify the legal basis for the assertion of civil claims associated with competition
law infringements and present its particularity. Considered will be the provisions
of the Polish Civil Code as well as the provisions of the law on combating unfair
competition and the law on unfair market practices. Discussed will be the full
catalogue of civil law claims that can be asserted in relation to antitrust infringements
as well as the specific purposes of civil law liability in this context. The paper will
also assess the model of determining the effects of competition law violations and
analyse whether private law principles for the calculation of loss can be applied in
antitrust infringement cases. Finally, the paper will discuss the issue of settling the
convergence of liability problem and the proposal concerning the introduction into
the Polish legal system of class actions.
Contract law in Poland is regulated by the Polish Civil Code, which is based on continental European legal models like the Napoleonic Code. The Civil Code was adopted in 1964 and underwent significant changes in 2003 regarding definitions of terms like "consumer" and "entrepreneur", and new regulations for business names, commercial representation, and contract conclusion. A new version of the Civil Code is currently being drafted to harmonize it with the Polish Constitution, EU law, and international trade practices. Consumer protection law was also passed in 2014 to align Polish law with EU consumer regulations. Additionally, regulations like Rome I and Rome II determine the governing law for international contracts and non-contractual obligations in Poland.
This document provides an overview of Ukraine's Law on Public-Private Partnership from 2010. Some key points:
- Public-private partnerships in Ukraine involve cooperation between public partners (state, local governments) and private partners (legal entities, sole proprietors) based on a contract.
- The law establishes the legal framework for public-private partnerships and defines their key characteristics like long-term relationships, risk sharing, and private investment.
- Public-private partnerships can be used in various sectors like infrastructure, healthcare, tourism and more. They can involve private partners in functions like design, financing, construction and operation.
Baker & McKenzie's Doing Business in Poland - Chapter 7 (Property Law)Baker & McKenzie Poland
This document summarizes Polish property law and real estate transactions. It discusses various types of property titles including ownership, perpetual usufruct, limited property rights, and rights arising from obligations. It also describes key concepts like leaseholds, tenancies, registration of property titles, rights of first refusal, and restrictions on foreign purchases of real estate, especially agricultural land.
Baker & McKenzie Doing Business in Poland - Chapter 11 (Intellectual Property...Baker & McKenzie Poland
This document summarizes intellectual property law in Poland. It discusses that Polish IP law is governed by the Industrial Property Law and the Act on Copyright and Related Rights. It protects inventions, utility models, industrial designs, trademarks, geographical indications, and integrated circuits. The document provides details on patents, utility models, industrial designs, and trademarks - the requirements, rights conferred, application process and duration of protection for each. It also mentions that some IP rights can be protected at the EU level through the European Union Intellectual Property Office in Spain.
legal aspects, novels and tips for structuring business in Ukraine
ANALYZING NOVELS: IRREVOCABLE POWER OF
ATTORNEY FOR CORPORATE RIGHTS
NEW OPPORTUNITIES: T H E ACQUISITION OF THE
R I G H T TO UNILATERAL TERMINATION OF T H E
CONTRACT
THE ESCROW ACCOUNTS THROUGH THE BANKS’ AND CUSTOMERS’ EYES. THE ISSUES AND OPPORTUNITIES OF USE
TRANSFER PRICING: CHANGE S 2019
THE ACQUISITION OF THE RIGHT TO ONE-SIDE TERMINATION OF AGREEMENT
WHAT IS AN AGREEMENT ON THE ENFORCEMENT OF THE RIGHTS O F T H E L LC ’ S PART I C I PANTS AND WHY DO YOU NEED TO USE IT?
Are the rights and obligations arising from a license transferable under Arti...Michal
This document provides a summary and analysis of a Supreme Court of Poland judgement regarding whether rights and obligations arising from a license are transferable under Article 40 of the Privatization and Commercialization Act when a state enterprise is privatized. The Supreme Court agreed with the first instance court's view that under Article 40, the purchaser of the privatized state enterprise acquires all rights and obligations from the license. This overturned the Court of Appeal's view that a license cannot be transferred through privatization. The Supreme Court found the purchaser was entitled to request an amendment to the license decision based on acquiring the rights from privatization of the state enterprise under Article 40.
P. podrecki, civil law actions against restricting practicesMichal
This paper’s aim is to describe the rules governing the assertion of civil law liability
in the event of a competition law infringement. Given the planned adoption and
implementation of a new EU legislative package concerning private enforcement, it
is useful to determine what legal instruments and procedures are already available
under Polish civil law that serve the protection of market players. This paper will
specify the legal basis for the assertion of civil claims associated with competition
law infringements and present its particularity. Considered will be the provisions
of the Polish Civil Code as well as the provisions of the law on combating unfair
competition and the law on unfair market practices. Discussed will be the full
catalogue of civil law claims that can be asserted in relation to antitrust infringements
as well as the specific purposes of civil law liability in this context. The paper will
also assess the model of determining the effects of competition law violations and
analyse whether private law principles for the calculation of loss can be applied in
antitrust infringement cases. Finally, the paper will discuss the issue of settling the
convergence of liability problem and the proposal concerning the introduction into
the Polish legal system of class actions.
Contract law in Poland is regulated by the Polish Civil Code, which is based on continental European legal models like the Napoleonic Code. The Civil Code was adopted in 1964 and underwent significant changes in 2003 regarding definitions of terms like "consumer" and "entrepreneur", and new regulations for business names, commercial representation, and contract conclusion. A new version of the Civil Code is currently being drafted to harmonize it with the Polish Constitution, EU law, and international trade practices. Consumer protection law was also passed in 2014 to align Polish law with EU consumer regulations. Additionally, regulations like Rome I and Rome II determine the governing law for international contracts and non-contractual obligations in Poland.
This document provides an overview of Ukraine's Law on Public-Private Partnership from 2010. Some key points:
- Public-private partnerships in Ukraine involve cooperation between public partners (state, local governments) and private partners (legal entities, sole proprietors) based on a contract.
- The law establishes the legal framework for public-private partnerships and defines their key characteristics like long-term relationships, risk sharing, and private investment.
- Public-private partnerships can be used in various sectors like infrastructure, healthcare, tourism and more. They can involve private partners in functions like design, financing, construction and operation.
Baker & McKenzie's Doing Business in Poland - Chapter 7 (Property Law)Baker & McKenzie Poland
This document summarizes Polish property law and real estate transactions. It discusses various types of property titles including ownership, perpetual usufruct, limited property rights, and rights arising from obligations. It also describes key concepts like leaseholds, tenancies, registration of property titles, rights of first refusal, and restrictions on foreign purchases of real estate, especially agricultural land.
Baker & McKenzie Doing Business in Poland - Chapter 11 (Intellectual Property...Baker & McKenzie Poland
This document summarizes intellectual property law in Poland. It discusses that Polish IP law is governed by the Industrial Property Law and the Act on Copyright and Related Rights. It protects inventions, utility models, industrial designs, trademarks, geographical indications, and integrated circuits. The document provides details on patents, utility models, industrial designs, and trademarks - the requirements, rights conferred, application process and duration of protection for each. It also mentions that some IP rights can be protected at the EU level through the European Union Intellectual Property Office in Spain.
REVIEW OF SECTION 11’s ORDER: SCOPE OF MAINTAINABILITYRahulRanjan352
This document summarizes a paper that assesses the maintainability of a review petition filed against an order made under Section 11 of the Indian Arbitration and Conciliation Act for the appointment of an arbitral tribunal. Section 11 empowers courts to appoint arbitrators in certain circumstances. The paper discusses conflicting judicial decisions on whether such orders can be reviewed. It analyzes this issue in light of the nature of Section 11 proceedings and the concept of review under Indian law. The paper aims to evaluate the maintainability of review against Section 11 orders and the implications of recent amendments to Section 11.
This document discusses closing a loophole in the Fair Credit Billing Act (FCBA) regarding how credit card companies handle rebilled credit card charges. Currently, if a consumer disputes a charge but it is then rebilled by the merchant or creditor, the creditor can claim "no further responsibility" under the FCBA. The document argues this loophole should be closed by treating rebilled charges as new billing errors under the FCBA. It analyzes principles from corporate law on duty to monitor and from civil procedure on claim preclusion to support this position. Closing the loophole would better achieve the FCBA's intent of consumer protection and reduce future litigation risks for creditors.
International commercial arbitration in Uzbekistan: current state and develop...SubmissionResearchpa
This document discusses the current state and development prospects of international commercial arbitration in Uzbekistan. It provides a brief history of arbitration in Uzbekistan since independence and outlines key developments like establishing the Tashkent International Arbitration Center in 2018. The document also analyzes Uzbekistan's arbitration laws like the new Law on International Commercial Arbitration passed in 2020 based on the UNCITRAL Model Law. While progress has been made, the document notes there are still some inconsistencies between arbitration laws and civil/economic procedure codes that need to be addressed to further develop the arbitration system in Uzbekistan.
Private enforcement of competition law through litigation has increased in the EU, moving towards the more litigation-focused US model. This article outlines recent developments in private antitrust litigation in several EU countries and in the US. In the EU, national courts are playing a larger role in enforcing competition law and handling follow-on damages claims from cartels. Procedures for private antitrust claims have been clarified and expanded in France, Germany, Italy and other EU countries.
MEMO: Preemption Rules Applicable to Banks and Thrift Institutions After the ...Patton Boggs LLP
The document summarizes changes to federal preemption rules for banks and thrifts under the Dodd-Frank Act. Key points:
1) The Act eliminates broad preemption for operating subsidiaries of banks and thrifts, subjecting them to state laws.
2) The standard for preemption is now determined on a case-by-case basis, considering if state laws prevent or significantly interfere with bank powers.
3) States have enhanced authority to enforce consumer protection laws against banks, including allowing state AGs to sue for violations.
The International Comparative Legal Guide to Securitisation 2016 EditionAlessia Sciarra
The ninth edition of The International Comparative Legal Guide to Securitisation is now available.
This guide provides the international practitioner and in-house counsel with a comprehensive worldwide legal analysis of the laws and regulations of securitisation in 34 jurisdictions.
The Italian chapter is written by Andrea Pinto e Vittorio Salvadori di Wiesenhoff, leading securitisation lawyers of K&L Gates Milan.
The judicial system in Poland has dualism of authority, with courts and tribunals. Courts include regional courts, district courts, appeal courts, and specialized courts like administrative or military courts. Tribunals include the Constitutional Tribunal and Tribunal of the State. Regional courts handle most cases as courts of first instance, while district courts serve as both courts of first and second instance. Appeal courts serve as the second instance courts. There are no separate commercial courts, as commercial cases are handled by the commercial divisions of common courts. The definition of a commercial case includes disputes between businesses regarding their commercial activities, as well as some other specified types of cases.
Campaign Activity By Churches Legal Analysis Of Houses Of Worshiplegalcounsel
H.R. 235 aims to allow churches more leeway in political speech without risking tax-exempt status. It would permit churches to endorse or oppose candidates during sermons and religious services, conduct unlimited political activities as long as they occur during services, and distribute recordings of such services. However, it would not allow electioneering ads or direct contributions to campaigns. The bill takes a narrower approach than a prior bill by limiting the types of permitted activities but imposing no limits on the number.
Behnaz Bazmi_ international oil and gas arbitrationBehnaz Bazmi
This document discusses Iran's international oil and gas arbitration system and its impact on other jurisdictions. It provides an overview of Iran's arbitration laws and regulations, including key provisions governing international commercial arbitration. It also examines three case studies involving international oil and gas disputes between Iran and other parties, looking at how the disputes were resolved and the consequences. The document aims to analyze how Iran's system of international arbitration in the oil and gas sector functions and how dispute resolutions have affected both Iran and other countries involved.
- Colorado voters passed Amendment 64 in 2012 legalizing limited personal and retail marijuana use. The state legislature passed bills to regulate retail marijuana and submit sales and excise tax questions to voters.
- Municipalities must enact local ordinances to regulate retail marijuana establishments by October 1st unless opting out. The state will issue conditional licenses between 45-90 days while awaiting local approval.
- HB 13-1317 establishes the regulatory framework and licensing process for retail marijuana, requiring both state and local approval to operate. Municipalities can choose to require local licensing for additional local control.
This speech was delivered by Svetlana London at the ‘Opportunities: Russia’s Blossoming Creative Industries Environment’ event, October 2008, Pushkin House, London
The document discusses a pending case before the Court of Justice of the European Union regarding Germany's sports betting licensing procedure. The CJEU is being asked to determine if Germany's procedure complies with EU transparency requirements. If the CJEU sides with the European Commission, Germany may have to restart the licensing procedure. Germany opened its sports betting market in 2012 but has yet to grant a single license due to ongoing legal challenges regarding the selection process. The pending Ince case could provide clarification from the CJEU on what criteria must be published for a licensing procedure to be considered transparent under EU law.
Polish Antitrust Legislation and Case Law Review 2010Michal
This document summarizes key Polish antitrust legislation and case law from 2010. Regarding legislation, it focuses on a new block exemption for agreements in the motor vehicle sector. For case law, it analyzes 19 judgments from SOKiK, 13 from the Court of Appeals in Warsaw, and 7 from the Supreme Court. Most cases dealt with abuse of dominance, often concerning local markets like water provision. Other cases addressed agreements on national markets and control of concentrations. The document groups cases by type of competition issue and market definition.
The document provides information on arbitration and enforcement of foreign judgments in Kuwait. It discusses:
- International treaties Kuwait has signed related to arbitration and enforcement, including the New York Convention.
- Kuwait's arbitration system being similar to other jurisdictions, using both institutional and judicial arbitration.
- The main arbitration bodies in Kuwait operating under its civil and commercial laws.
- Foreign arbitration decisions and court decisions being recognized based on reciprocity.
- Mandatory procedures that must be followed in Kuwaiti arbitration, including requirements for arbitration agreements.
The document discusses Lok Adalats, which are permanent and continuous people's courts in India established under the Legal Services Authorities Act of 1987. Lok Adalats aim to provide an alternative dispute resolution mechanism that is faster and more cost-effective compared to regular courts. The document outlines the key provisions relating to Lok Adalats contained in Sections 19-22 of the Act, including how cases can be referred to Lok Adalats, the powers of Lok Adalats, and that their awards have the same status as a civil court decree. The benefits of Lok Adalats are also summarized, such as no court fees and a less formal procedure compared to courts. Finally, the differences between ordinary and permanent Lok Adal
Gazeta.ru article (translated). Russia Might Wish To Protect Its Finances Due...RussianMedia
Gazeta.Ru interview with Valery Tutykhin (John Tiner & Partners / co-manager, Black Eagle Litigation Fund) on the risks which Russia faces due to losing arbitration to Yukos shareholders. By Roustem Faliakhov
Tuca Zbarcea & Asociatii - Banking Law Bulletin: Decision No. 2/2018 of 19 Fe...Țuca Zbârcea & Asociații
The Official Journal of Romania, Part I, of 5 June 2018 published Decision No. 2/2018 rendered by the HCCJ panel with power of jurisdiction over the appeal in the interest of the law in the public hearing of 19 February 2018. The Decision came after an analysis of the appeals in the interest of the law filed by the Leading Board of the Bacău Court of Appeals, the Leading Board of the Brașov Court of Appeals, and the Leading Board of the Bucharest Court of Appeals, respectively. The appeals were focused on: the extent and nature of the effects of precautionary measures ordered in criminal proceedings against the assets of an individual or a legal entity; the repercussions of such measures on enforcement proceedings previously started by a mortgagee who, in respect of such assets, owns rights that may be relied upon against third parties; and the manner how a criminal seizure interferes with the enforcement acts prepared in respect of such enforcement
Are the rights and obligations arising from a license transferable under Arti...Michal
The judgement of the Supreme Court here described refers to the acquisition
of rights arising from a license by an entity which has acquitted a state enterprise
as a result of direct privatization, pursuant to Article 40 of the Act of 20 August
1996 on Privatization and Commercialization1 (hereafter PCA). In the event the
aforementioned acquisition occurs, the purchaser shall become the subject of the
rights and obligations under the license; inter alia the purchaser is eligible to request
performing the amendment of the decision which granted the license under Article
155 of the Code of Administrative Procedure.
Describe a detail research on how judiciary in each and every possible way has help in promoting and uplifting the working system in Alternative Dispute Resolution
REVIEW OF SECTION 11’s ORDER: SCOPE OF MAINTAINABILITYRahulRanjan352
This document summarizes a paper that assesses the maintainability of a review petition filed against an order made under Section 11 of the Indian Arbitration and Conciliation Act for the appointment of an arbitral tribunal. Section 11 empowers courts to appoint arbitrators in certain circumstances. The paper discusses conflicting judicial decisions on whether such orders can be reviewed. It analyzes this issue in light of the nature of Section 11 proceedings and the concept of review under Indian law. The paper aims to evaluate the maintainability of review against Section 11 orders and the implications of recent amendments to Section 11.
This document discusses closing a loophole in the Fair Credit Billing Act (FCBA) regarding how credit card companies handle rebilled credit card charges. Currently, if a consumer disputes a charge but it is then rebilled by the merchant or creditor, the creditor can claim "no further responsibility" under the FCBA. The document argues this loophole should be closed by treating rebilled charges as new billing errors under the FCBA. It analyzes principles from corporate law on duty to monitor and from civil procedure on claim preclusion to support this position. Closing the loophole would better achieve the FCBA's intent of consumer protection and reduce future litigation risks for creditors.
International commercial arbitration in Uzbekistan: current state and develop...SubmissionResearchpa
This document discusses the current state and development prospects of international commercial arbitration in Uzbekistan. It provides a brief history of arbitration in Uzbekistan since independence and outlines key developments like establishing the Tashkent International Arbitration Center in 2018. The document also analyzes Uzbekistan's arbitration laws like the new Law on International Commercial Arbitration passed in 2020 based on the UNCITRAL Model Law. While progress has been made, the document notes there are still some inconsistencies between arbitration laws and civil/economic procedure codes that need to be addressed to further develop the arbitration system in Uzbekistan.
Private enforcement of competition law through litigation has increased in the EU, moving towards the more litigation-focused US model. This article outlines recent developments in private antitrust litigation in several EU countries and in the US. In the EU, national courts are playing a larger role in enforcing competition law and handling follow-on damages claims from cartels. Procedures for private antitrust claims have been clarified and expanded in France, Germany, Italy and other EU countries.
MEMO: Preemption Rules Applicable to Banks and Thrift Institutions After the ...Patton Boggs LLP
The document summarizes changes to federal preemption rules for banks and thrifts under the Dodd-Frank Act. Key points:
1) The Act eliminates broad preemption for operating subsidiaries of banks and thrifts, subjecting them to state laws.
2) The standard for preemption is now determined on a case-by-case basis, considering if state laws prevent or significantly interfere with bank powers.
3) States have enhanced authority to enforce consumer protection laws against banks, including allowing state AGs to sue for violations.
The International Comparative Legal Guide to Securitisation 2016 EditionAlessia Sciarra
The ninth edition of The International Comparative Legal Guide to Securitisation is now available.
This guide provides the international practitioner and in-house counsel with a comprehensive worldwide legal analysis of the laws and regulations of securitisation in 34 jurisdictions.
The Italian chapter is written by Andrea Pinto e Vittorio Salvadori di Wiesenhoff, leading securitisation lawyers of K&L Gates Milan.
The judicial system in Poland has dualism of authority, with courts and tribunals. Courts include regional courts, district courts, appeal courts, and specialized courts like administrative or military courts. Tribunals include the Constitutional Tribunal and Tribunal of the State. Regional courts handle most cases as courts of first instance, while district courts serve as both courts of first and second instance. Appeal courts serve as the second instance courts. There are no separate commercial courts, as commercial cases are handled by the commercial divisions of common courts. The definition of a commercial case includes disputes between businesses regarding their commercial activities, as well as some other specified types of cases.
Campaign Activity By Churches Legal Analysis Of Houses Of Worshiplegalcounsel
H.R. 235 aims to allow churches more leeway in political speech without risking tax-exempt status. It would permit churches to endorse or oppose candidates during sermons and religious services, conduct unlimited political activities as long as they occur during services, and distribute recordings of such services. However, it would not allow electioneering ads or direct contributions to campaigns. The bill takes a narrower approach than a prior bill by limiting the types of permitted activities but imposing no limits on the number.
Behnaz Bazmi_ international oil and gas arbitrationBehnaz Bazmi
This document discusses Iran's international oil and gas arbitration system and its impact on other jurisdictions. It provides an overview of Iran's arbitration laws and regulations, including key provisions governing international commercial arbitration. It also examines three case studies involving international oil and gas disputes between Iran and other parties, looking at how the disputes were resolved and the consequences. The document aims to analyze how Iran's system of international arbitration in the oil and gas sector functions and how dispute resolutions have affected both Iran and other countries involved.
- Colorado voters passed Amendment 64 in 2012 legalizing limited personal and retail marijuana use. The state legislature passed bills to regulate retail marijuana and submit sales and excise tax questions to voters.
- Municipalities must enact local ordinances to regulate retail marijuana establishments by October 1st unless opting out. The state will issue conditional licenses between 45-90 days while awaiting local approval.
- HB 13-1317 establishes the regulatory framework and licensing process for retail marijuana, requiring both state and local approval to operate. Municipalities can choose to require local licensing for additional local control.
This speech was delivered by Svetlana London at the ‘Opportunities: Russia’s Blossoming Creative Industries Environment’ event, October 2008, Pushkin House, London
The document discusses a pending case before the Court of Justice of the European Union regarding Germany's sports betting licensing procedure. The CJEU is being asked to determine if Germany's procedure complies with EU transparency requirements. If the CJEU sides with the European Commission, Germany may have to restart the licensing procedure. Germany opened its sports betting market in 2012 but has yet to grant a single license due to ongoing legal challenges regarding the selection process. The pending Ince case could provide clarification from the CJEU on what criteria must be published for a licensing procedure to be considered transparent under EU law.
Polish Antitrust Legislation and Case Law Review 2010Michal
This document summarizes key Polish antitrust legislation and case law from 2010. Regarding legislation, it focuses on a new block exemption for agreements in the motor vehicle sector. For case law, it analyzes 19 judgments from SOKiK, 13 from the Court of Appeals in Warsaw, and 7 from the Supreme Court. Most cases dealt with abuse of dominance, often concerning local markets like water provision. Other cases addressed agreements on national markets and control of concentrations. The document groups cases by type of competition issue and market definition.
The document provides information on arbitration and enforcement of foreign judgments in Kuwait. It discusses:
- International treaties Kuwait has signed related to arbitration and enforcement, including the New York Convention.
- Kuwait's arbitration system being similar to other jurisdictions, using both institutional and judicial arbitration.
- The main arbitration bodies in Kuwait operating under its civil and commercial laws.
- Foreign arbitration decisions and court decisions being recognized based on reciprocity.
- Mandatory procedures that must be followed in Kuwaiti arbitration, including requirements for arbitration agreements.
The document discusses Lok Adalats, which are permanent and continuous people's courts in India established under the Legal Services Authorities Act of 1987. Lok Adalats aim to provide an alternative dispute resolution mechanism that is faster and more cost-effective compared to regular courts. The document outlines the key provisions relating to Lok Adalats contained in Sections 19-22 of the Act, including how cases can be referred to Lok Adalats, the powers of Lok Adalats, and that their awards have the same status as a civil court decree. The benefits of Lok Adalats are also summarized, such as no court fees and a less formal procedure compared to courts. Finally, the differences between ordinary and permanent Lok Adal
Gazeta.ru article (translated). Russia Might Wish To Protect Its Finances Due...RussianMedia
Gazeta.Ru interview with Valery Tutykhin (John Tiner & Partners / co-manager, Black Eagle Litigation Fund) on the risks which Russia faces due to losing arbitration to Yukos shareholders. By Roustem Faliakhov
Tuca Zbarcea & Asociatii - Banking Law Bulletin: Decision No. 2/2018 of 19 Fe...Țuca Zbârcea & Asociații
The Official Journal of Romania, Part I, of 5 June 2018 published Decision No. 2/2018 rendered by the HCCJ panel with power of jurisdiction over the appeal in the interest of the law in the public hearing of 19 February 2018. The Decision came after an analysis of the appeals in the interest of the law filed by the Leading Board of the Bacău Court of Appeals, the Leading Board of the Brașov Court of Appeals, and the Leading Board of the Bucharest Court of Appeals, respectively. The appeals were focused on: the extent and nature of the effects of precautionary measures ordered in criminal proceedings against the assets of an individual or a legal entity; the repercussions of such measures on enforcement proceedings previously started by a mortgagee who, in respect of such assets, owns rights that may be relied upon against third parties; and the manner how a criminal seizure interferes with the enforcement acts prepared in respect of such enforcement
Are the rights and obligations arising from a license transferable under Arti...Michal
The judgement of the Supreme Court here described refers to the acquisition
of rights arising from a license by an entity which has acquitted a state enterprise
as a result of direct privatization, pursuant to Article 40 of the Act of 20 August
1996 on Privatization and Commercialization1 (hereafter PCA). In the event the
aforementioned acquisition occurs, the purchaser shall become the subject of the
rights and obligations under the license; inter alia the purchaser is eligible to request
performing the amendment of the decision which granted the license under Article
155 of the Code of Administrative Procedure.
Describe a detail research on how judiciary in each and every possible way has help in promoting and uplifting the working system in Alternative Dispute Resolution
This document discusses foreign court recognition in Russia. It notes that disputes are considered either by foreign courts for complex international disputes, or Russian courts for certain domestic legal matters. While all court decisions are subjective, Russian and foreign courts are generally considered fair. Recognition of foreign court decisions and arbitrations is not automatic and requires approval from Russian state courts. However, recognition has become more common in recent years, especially for arbitration decisions under international treaties. The document provides details on recognition processes and challenges, and notes ongoing discussions to improve mutual judicial recognition between Russia and other countries.
The Hon'ble Supreme Court in the case of Afcons Judgment has interpreted Section 89 of CPC. In the said judgment Hon'ble Supreme Court has laid down what the referral judge is supposed to do while referring the case for any Alternative Dispute Resolution (ADR). New Mediation Rules come into existance in the year 2015. Wherein also provisions for referral judges are made. This ppt will help Hon'ble Judges to refer cases for Mediation. This document also speaks about Lok Adalat, Conciliation, Arbitration and Judicial Settlement and intricacies involved therein.
The validity of arbitration clauses in franchise agreements in brazilMarketingcma
The validity of arbitration clauses in franchise agreements is a contentious matter in Brazil linked to the question of whether franchise agreements can be characterized as adhesion
contracts. The case law analysed in this article indicates that Brazilian courts take different views depending on the facts of each specific case. This affects not just the validity of the
arbitration clause, but also whether a court or arbitral tribunal is competent to determine the validity of such clause.
The civilian and judicial immunity arbitrator responsibilitiesAlexander Decker
This document discusses the civil and judicial immunity responsibilities of arbitrators. It provides an overview of the similarities and differences between Jordanian and Saudi law on this topic. The document examines the scope of a civilian arbitrator's responsibility based on their contractual obligations to impartiality and independence as well as obligations imposed by their judicial function. It also discusses the principle of judicial immunity for arbitrators and the justifications for and against such immunity. The study found variations in jurisprudence around an arbitrator's role and that this role impacts how their civil responsibility is determined. It recommends Jordanian law establish more detailed regulations specifying an arbitrator's responsibilities based on their required privacy.
The document discusses the meaning and significance of arbitrator independence and impartiality. It provides definitions, examples, and guidelines for determining independence and impartiality. It also addresses four specific parts:
1) The significance is that independence and impartiality are fundamental principles of arbitration. Arbitrators must be free from bias and not favor one party over the other.
2) The Dutch claimant can seek to remove the chairman based on doubts about his impartiality due to published views on intellectual property.
3) The Dutch claimant can seek to remove the Indonesian arbitrator based on his new role with a creditor of the Indonesian respondent, which raises doubts about independence.
4) A party can seek
The document discusses the roles and responsibilities of the Philippine Judiciary system. It outlines the branches that make up the judiciary including the Supreme Court, Court of Appeals, Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts, and special courts like the Sandiganbayan. The Supreme Court acts as the highest court and oversees the entire judicial system. Lower courts include Regional Trial Courts that handle both civil and criminal cases. The judiciary is responsible for interpreting laws, applying them to cases, and determining if laws violate the Constitution.
The document provides an overview of the Legal Services Authority Act of 1987 in India. It discusses the establishment of the National Legal Services Authority (NALSA) to provide legal aid to eligible citizens. Key points include:
1) NALSA oversees state-level legal services authorities that operate Lok Adalats, or people's courts, to settle disputes through conciliation and compromise rather than litigation.
2) The 2002 amendment established permanent Lok Adalats to expedite resolution for cases involving public utilities and settle matters at the pre-litigation stage.
3) Lok Adalats aim to provide speedy and low-cost justice, reduce case backlogs, and maintain cordial community relations through conc
The document discusses Lok Adalats and Permanent Lok Adalats in India. Some key points:
- Lok Adalats were established to provide alternative dispute resolution and decongest courts. The first was held in 1982 in Gujarat. They were later given statutory status by the Legal Services Authorities Act of 1987.
- Lok Adalats can settle various civil, criminal, and family law cases that have either been filed in court or not. Their decisions have the same legal force as a civil court decree.
- Permanent Lok Adalats specifically handle disputes regarding public utilities like transport, communications, utilities. Their judgments are final and cannot be appealed.
The courts of pakistan in kpk perspective by ghulam hamidzulfi799
The document summarizes the court system in Pakistan, with a focus on Khyber Pakhtunkhwa province. It begins by outlining the basic principles of rule of law and justice. It then describes the hierarchy of courts in Pakistan, beginning with the Supreme Court and including High Courts, district courts, civil courts, and courts of magistrates. It provides more detail on the civil court system including the jurisdiction and appointment of district judges, additional district judges, and civil judges. It also briefly outlines the jurisdiction of criminal courts and special courts like the Federal Shariat Court.
The document discusses the proper law of a contract in international commercial contracts. It explains that when parties to a contract are from different countries, the laws of multiple countries could apply. The proper law of the contract helps determine which country's law governs different aspects of the contract. Historically, the proper law was the law that the contract was most closely connected to based on factors like place of making or performance. Over time, courts have recognized party autonomy, allowing parties to choose the governing law, even if it has no connection to the contract. However, the chosen law must be valid and not against public policy. Determining the proper law and interpreting terms like "bona fide" and "public policy" remains ambiguous and
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Arbitrability of disputes in the Russian Federation
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Arbitrability of disputes in the Russian Federation
24/10/2014
Arbitration analysis: arbitrability concerns whether or not a dispute can be settled by arbitration, as opposed to the exclusive jurisdiction of state courts. In this article, Artem Antonov, associate in Lid- ings' Moscow office, discusses the arbitrability of corporate and real estate disputes under the law of the Russian Federation.
Arbitrability of corporate disputes
What's the current position?
Corporate disputes are currently not subject to arbitration in the Russian Federation due to the special (ex- clusive) jurisdiction of state commercial courts (clause 2, part 1, article 33 of Commercial Procedural Code of the Russian Federation (the CPC RF and RF)). This is reflected in the notorious case of Maxi-Group decided by the Supreme Commercial Court of the RF (Case No. А40-35844/11), as well as the case law of the Con- stitutional Court of the RF (Ruling of the Constitutional Court of the RF dated 21.12.2011 No 1804-О-О).
The Supreme Commercial Court in Maxi-Group stated that commercial disputes are not subject to the com- mercial arbitration because:
o first, the CPC RF enshrines that state courts exercise special jurisdiction over commercial dis- putes and such jurisdiction is an exclusive one, and
o secondly, para 29 of the Informational Letter of the Presidium of the Supreme Commercial Court No. 96 of 22.12.2005 explains that if an arbitral award may violate rights of shareholders who were not parties to the arbitration clause, then the award shall be set aside on the ground of being contrary to public policy
The Austrian Code on Civil Procedure takes a different approach, based on a case-by-case examination of whose rights could be affected by awards. The Austrian Supreme Court heard a claim to set aside an arbitral award on the ground that it concerned the rights of the shareholders who had not signed the arbitration clause and did not participate in the hearing. The court rejected the claim to set aside on the grounds that the shareholders were not bound to participate in the arbitration and accordingly that the award would not have legal effect on all the shareholders (Case No. 7Ob 103/10p).
Under Russian law, the arbitrability of the corporate dispute is an essential prerequisite to the recognition and enforcement of the arbitral award in the particular jurisdiction. The recognition and enforcement of arbi- tral awards in the Russian Federation has a long, grievous history. Russian courts have declined to recog- nise awards in most categories of disputes that might affect public interest.
Proposed changes under the Draft Law
In order to modify the Russian model of arbitrability of corporate disputes, the Ministry of Justice of the RF proposed a package of draft laws on arbitral tribunals (the institution of alternative dispute resolution that is alike arbitration but hears disputes without foreign element) and arbitration, including both the Draft Law 'On
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arbitral tribunals and arbitration in the Russian Federation' (the Draft Law) as well as the amendments to legislative acts, including CPC RF (CPC RF as specified in the Draft Law) on 17 January 2014. The Draft Law permits arbitrability of corporate disputes if certain criteria are met:
o corporate disputes are only subject to arbitration administered by a permanent arbitral institu- tion (part 5 art 225.1 CPC RF as specified in the Draft Law)
o special rules (Special rules) for consideration of corporate disputes are required (art 2 of the Draft Law);
o some disputes require that a legal entity or its participants (shareholders) as well as any other persons acting on the side of claimant or respondent enter into an arbitration agreement (part 3 art 225.1 CPC RF as specified in the Draft Law).
As stated above, corporate disputes are to be administrated by the institutional arbitration as opposed to ad hoc. Therefore the following disputes will be arbitrable:
o related to the ownership title over stocks and shares--require Special rules
o arising from the activities of shares registry keeper, in respect to the rights to shares and other securities; regarding exercise of the keepers rights and fulfilment of obligations prescribed by the federal law in connection with the distribution of outstanding securities--require Special rules
o on appeal of the decisions of management bodies of a legal entity
A second category of disputes can be subject to arbitration if they meet the condition of conclusion of arbitra- tion agreement between all the parties, ie a legal entity, its participants (shareholders) as well as any other persons acting on the side of claimant or respondent:
o related to the establishment, reorganization and liquidation of a legal entity
o on claims for damages caused to a legal entity; on challenging of transactions of a legal entity, and (or) on the application of consequences of the invalidity of such transactions--require Spe- cial rules
o related to the status and responsibility of persons acting (or acted) as managing bodies of a legal entity--require Special rules
o arising of agreements of shareholders (or participants) about the management of the enti- ty--require Special rules
o related to emission of securities, challenging of non-legislative acts, decisions and actions (omissions) of state bodies, of local authorities, of any other bodies, officials, decisions of the management bodies, related to challenging of transactions made during the distribution of eq- uity securities, reports (notifications) on the results of issue (additional issue) of securi- ties--require Special rules
Nevertheless, even under the proposed revised regime, substantial numbers of corporate disputes will re- main under special (exclusive) jurisdiction of the state court, such as: on the compulsion of a legal entity to convene a general meeting of shareholders (participants); arising from the activities of notaries on witnessing transactions with shares in the chartered capital of limited liability companies; out of the activity of deposito- ries connected with the rights to shares and other securities, from disputes arising in connection with the di- vision of inherited property and the division of marital property of spouses, including stocks, shares in the chartered capital of business entities, shares of the members of cooperatives; related to challenging of non-legislative acts, decisions and actions (omissions) of state bodies, local authorities, other bodies, organ- izations endowed by the federal law with certain state or other public authority, decisions and actions (omissions) of officials; regarding the companies having substantial significance for national defence and
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state security; disputes relating to the application of the provisions of Chapter IX (Acquisition and redemption of outstanding shares) and XI.1 (Acquisition of more than 30 percent of shares of the public company) of the Federal Law 'On Joint Stock Companies'; and, related to the exclusion of participants from legal entities.
The upcoming changes seem positive. They provide more discretion for parties to choose their method of dispute resolution. The changes represent a logical evolution of Russia's Romano-Germanic legal system.
Arbitrability of real estate disputes
What's the current position?
Arbitrability of real estate disputes is another crucial topic in relation to the recognition of arbitration awards in the RF.
Inasmuch as any changes regarding ownership title over the real estate require registration by state bodies, all disputes with immovable property were associated with state courts. The federal law provides that such changes to the registry of immovable property can be made by the virtue of judicial act but not an award. The position was further strengthened by the clause 27 of the Letter of the Presidium of the Supreme Commercial Court dated 22.12.2005 No. 96 according to which the state courts are to refuse to enforce an arbitral award, which obliges the registration authority to register a title to the real estate, since such issues are of a public nature (ie registration of immovable property) and cannot be subject to arbitration.
Moreover, the Letter of the Supreme Commercial Court dated 23.08.2007 No. ВАС-С06/ОПП-1200 general- ised the case law and established the list of arbitrable disputes. Additionally, the Supreme Commercial Court pointed out a number of real estate disputes that can be considered only by state courts. The Letter was crit- icized by the legal community, since the Supreme Commercial Court exercised functions of a lawmaking body, instead of a judicial body.
The question of arbitrability of real estate disputes was stable until the ruling of the Constitutional Court of RF No. 10-П of 26.05.2011. In that case, the Supreme Commercial Court of the RF, in connection with the is- sues raised during consideration of the case, applied to the Constitutional Court challenging provisions of the Civil Code and of the Federal Law 'On state registration of rights to immovable property and transactions with it', of the Federal Law of Federal Law 'On mortgage', of the Law 'On international commercial arbitration' and of the Federal Law 'On Arbitration Courts in the Russian Federation', which determine the jurisdiction of dis- putes to state courts.
The Constitutional Court stated that the challenged laws are constitutional and concluded that:
'...relations concerning state registration cannot be considered as a meaningful element of questionable legal relations, the essence of which is still private, and «public effect» occurs only after the state certification of the results of a trans- action or other legally significant actions.
[...]
...obligatory state registration of the rights to immovable property and transactions with it cannot be regarded as a cir- cumstance precluding the possibility of real estate disputes to be considered by arbitration courts'
Proposed changes under the Draft Law
Case law has since then changed dramatically. The Draft Law is aimed to fill some gaps in the process of recognition and enforcement of arbitral awards in the RF.
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The Draft Law of the Ministry of Justice introduces amendments to the Federal Law 'On state registration of rights to immovable property and transactions with it'.
The amended edition of the Federal Law directly provides that arbitral awards supported by a writ of execu- tion are the cause for state registration of rights to immovable property. Moreover, if the right to immovable property is substantiated by the arbitral award, the amount of grounds for refusal of registration are limited.
In conclusion, the Draft Law is a step towards encouraging parties to choose commercial arbitration as an instrument for dispute resolution. Many gaps and uncertainties would be fixed, though a lot of limitations for arbitrations remains. The Draft Law has passed public hearings and now onto the final expertise before be- ing adopted*.
*Currently the Draft is being finalised by the Ministry of Justice. The next stage is the approval by the two-chamber parliament (expected in spring of 2015). The final stage is approval and signing by the Presi- dent.