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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or


Hungary: Are Interim Measures Hard to Enforce?

The Hungarian Parliament recently passed new legislation on arbitration (Act LX of 2017 on Arbitration, the “2017 Act”) that will reform Hungarian arbitration law as of 1 January 2018.

The 2017 Act, considering both the shortcomings of the current Hungarian legislation (Act LXXI of 1994 on Arbitration, the “1994 Act”) and the amendment of the UNCITRAL Model Law on International Commercial Arbitration adopted in 2006 (the “Model Law”), repositions arbitration by reforming the choice of arbitrators, the institutional system of Hungarian arbitration panels, and the power of the panels ordering interim measures and preliminary orders. read more...

Hungary: New Arbitration Legislation?

The Ministry of Justice has circulated its initiative for improving the legal environment with the aim of increasing Hungary's competitiveness by amending certain regulations and institutions. Among other things, the initiative concerns cross-border mergers and operation of trustees, and generally aims to lighten administrative burdens. Most notably, if adopted in its current form, it will reform the Hungarian arbitration regulation. read more...

When Arbitration Meets Insolvency in Montenegro - Can They Coexist?

Even at first blush, it is apparent that arbitration and insolvency make strange bedfellows.

The reason they make such an odd couple is the different underlying policies, objectives, and purposes they stand for. The heart of arbitration lies at the privity of contract and the existence of party autonomy independent from the state. In contrast, insolvency reflects a centralized and to a certain extent state-managed procedure that holds all creditors equal, within a set system of ranking – a transparent and accountable process governed by mandatory substantive and procedural law provisions. read more...

Austria: Court rules on rights in environmental impact assessment

If there are two or more conflicting water use projects (eg, hydroelectric power stations), the Water Act provides for a special conflict procedure. A pending conflict procedure suspends decisions in all underlying approval procedures. As a result of the conflict procedure, the project which serves public interests best will take priority over the inferior project. read more...

Austrian Supreme Court Establishes New Standards as Regards the Decisive Underlying Reasoning of Arb

The decisive underlying reasoning ( motifs, BegrĂĽndung) is, without doubt, an essential part of any arbitral award and as such bears the potential of frustrating parties and arbitrators alike. On the one hand, elaborate reasoning in arbitral awards more often than not comes at the price of long waiting periods for the issuance of the awards, and periods of meticulous drafting on the part of the arbitrator(s). On the other hand, a lack of elaborate reasoning may likewise be a headache, since it exposes the arbitral award to setting aside. read more...

The Czech Republic joins other European countries in regulating the sale and advertising of unhealth

From January 2017, selling and/or advertising chips, soft drinks or mayonnaise-filled sandwiches to children in schools will be illegal.

Mediation on the Heels of Arbitration - Competition or Peaceful Coexistence?

Arbitration has long been the favorite of the ADR family. Mediation, however, has established an increasingly relevant position for itself when it comes to resolving (international) commercial disputes quickly, cost-efficiently, and successfully. READ MORE...

Arbitrators’ Liability: Austrian Supreme Court Reconfirms Strict Standards

September 2016 - Litigation & Dispute Resolution. Legal Developments by Schönherr.

More articles by this firm.

One of the main advantages of arbitration vis-Ă -vis state court litigation, is that the parties are free to choose independent and highly specialised experts to decide their cases. Yet, if these experts negligently (or even deliberately) violate the duties that come with the acceptance of the appointment, the issue of liability arises. read more...

Security for Costs in Investment Arbitration: Who Should Bear the Risk of an Impecunious Claimant?

When allocating costs, investment arbitration tribunals apply two principles: a “pay your own way” principle which provides that each party pays its own legal costs and they effectively share the costs of the proceedings, and secondly a “costs follow the event” or “loser pays” principle which provides that the losing party bears the costs of the proceedings including the legal costs of the successful party. read more

Hungary: A new era in electronic litigation has begun

As of 1 July 2016, an amendment to Act III of 1952 on the Code of Civil Procedure ("Act") came into force introducing the possibility – sometimes the obligation – to communicate with the courts electronically. read more...

Hello there, Moldova! Is there some room left for guaranteed feed-in tariffs for renewables?

On 25 March 2016 the Moldovan Parliament passed a new law on the promotion of the use of electric energy from renewables ("Law 10/2016"). Law 10/2016 is meant to enter into force on 25 March 2017, and its scope is officially to institute the necessary legal framework for application of EU Directive 2009/28/CE in Moldova. read more...

How about a New Arbitration Act in Hungary?

The Hungarian arbitration Act (Act LXXI of 1994 on arbitration, “the Act”) has barely “turned 22” and the pressure to replace it with new legislation has popped up. Considering the current, rapid reform of effective laws in Hungary – meaning that relatively new legislation which has been in force for only five to ten years has been set aside to introduce new legislation –the push to introduce new law on arbitration law is no surprise. read more...

A Bid for Strong Arbitrator

Discussions of arbitrators’ powers have riveted the international arbitration community. Practitioners increasingly face situations where arbitrators seem cautious and reluctant to rule on procedural issues. read more...

Romania: Investment Arbitration in the Context of Renewable Energy Investments

1. Preliminary considerations

There has been a lot of talk about investment arbitration in relation to the cuts in and changes to the Romanian government's support scheme for renewable energy ("RESS"). Read more...

Austria: Improvement of Austrian Arbitration law in the pipeline

On July 1, 2006 a new arbitration law came into force in Austria. The provisions of the 2006 arbitration law follow the guidelines of the UNCITRAL Model law on international commercial arbitration.

Romania: New Rules of Arbitration as of 2012

New rules of arbitration (the “New Rules”) of the Court of International Commercial Ar-bitration attached to the Chamber of Commerce and Industry of Romania (the “Court of Arbitration”) were published on 23 January 2012.

THE WOLF THEISS GUIDE TO: PPPs, Concessions & Public Procurement

This 2011 Wolf Theiss Guide to PPPs, Concessions & Public Procurement in Central, Eastern and Southeastern Europe is intended as a practical guide to the general principles and features of the basic legislation and procedures in countries included in the publication.

Supreme Court rules in T-Mobile dominance case

The end of 2010 saw the end of the litigation against the largest mobile operator in Ma-cedonia, T-Mobile. The Supreme Court upheld a decision by the Administrative Court finding that T-Mobile had abused its dominant position in the call termination market.

Dispute Resolution in Central, Easter n & Southeastern Europe

The Wolf Theiss Guide to: Dispute Resolution in Central, Eastern & Southeastern Europe is intended as a practical guide providing a general overview of the legal systems and dispute resolution procedures in the 12 countries where Wolf Theiss has offices, as well as Kosovo

Austria: Interim Measures to Ensure the Enforceability of Foreign Arbitral Awards

Frequently, a claimant may be well advised to ensure the eventual enforceability of an award he hopes will be rendered in his favour already in the course of, or even before, initiating arbitral proceedings.

Mediation in the field of intellectual property:

An instrument for the prevention and resolution of conflicts

New Austrian Shorting Rules (22.10.2008)

On September 18, 2008 the US Securities and Exchange Commission took temporary emergency action to prohibit short selling in 799 financial companies to protect the integrity and quality of the securities market and strengthen investor confidence. Other securities regulators around the world, such as UK’s FSA, Germany’s BaFin and Spain’s CNMV took similar action during the following days.

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