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Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
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The Office for the Protection of Economic Competition (hereinafter the „Office“) issued the historically first decision concerning domestic cartel among suppliers competing for public contract (bid rigging) case. The case is interesting not only because it is the first such case in the Czech Republic, but could indicate how the Office will proceed in such cases and in the proving of such cartels.
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Instrument for Discrimination of Suppliers?
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The two basic means of dispute resolution in the Czech Republic are judicial proceedings and alternative dispute resolution. Arbitration proceedings, as a form of ADR, is thriving. According to statistics of the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, one of the three permanent arbitration courts in the Czech Republic and the only one with general jurisdiction, in the year 2000 the mentioned court settled 196 disputes, while in 2009 it settled 1402 disputes (not including disputes settled amicably).
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After years of uncertainty, in 2011 the Czech Republic finally passed an amendment to the Commercial Code explicitly allowing for the limitation of damages in agreements under Commercial Code between entrepreneurs and companies.
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Insolvency proceedings aim mainly to find a complex solution to the financial standing of a debtor who has gone bankrupt according to one of the laws (Act No 182/2006 Sb., on Insolvency and the Methods of its Solution; hereinafter referred to as the “Insolvency Act” ) in the way set forth, especially in order to secure the claims of creditors. In practice, some institutes of the Insolvency Act are used in ways that contrast with its general purpose.
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In almost every due diligence involving real estate in the Czech Republic, several legal is-sues emerge which are crucial for the existence (or non-existence) of ownership or other rights regarding real estate established in favour of certain subjects. The following legal issues are typically encountered in due diligence projects. It is important to understand and assess these issues correctly.
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legal developments in the energy practice
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On 1 January 2011 the new Tax Procedure Code took effect which will regulate tax proceedings in the Czech Republic . As tax proceedings concern almost everybody, as almost everybody pays tax, let us look at what the new Tax Procedure Code will bring.
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The Operational Program Research and Development for Innovations (OPRDI) was implemented for public institutions in the industrial research and development sector. The aim of the program is to develop cooperation between universities and industrial enterprises, to support research and development at universities and research institutions, and to highlight supply and demand in the research and development sector. The Ministry of Education, Youth and Sports of the Czech Republic (www.msmt.cz) is charged with managing the program. Knowledge of certain basic principles is useful when using subsidies in compliance with the stipulated rules.
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The Directive of the European Parliament and of the Council 2006/123/EC of 12 December 2006, on services in the internal market ("Directive" or "Directive on services") substantially develops the freedom of establishment and freedom of cross-border provision of services under Articles 43 and 49 of the EC treaty. The Directive applies to all types of services except those which are expressly excluded. In the Czech Republic, the Directive on services was implemented by Act No. 222/2009 Coll., on Free Movement of Services that came into force on December 28, 2009.
The latest news direct from law firms. If you would like to submit press releases for your firm, send an email request to
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As from 2 May 2012, leading Antwerp-based law firm Astrea has significantly
expanded its Brussels office with the recruitment of new Partner Steven De
Schrijver and team including Senior Associates Thomas Daenens, Jeroen Mues
and Pieter Paepe.
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Delphi is advising OK-Q8 AB on the formation of a new Scandinavian group through OKQ8 AB’S acquisition of shares in Q8 Danmark A/S from Kuwait Petroleum Europe BV. Kromann Reumert in Copenhagen advised on the legal due diligence in Denmark.
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Investment UK- Francophone Africa
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Kyiv, 15May 2012 – Avellum Partners is proud to inform that it has won the Chambers Europe Award for Excellence 2012 for Ukraine and was recognized as Ukraine Law Firm of the Year. The award ceremony was held in Amsterdam on 10 May 2012.
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Sayenko Kharenko acted as legal counsel to European Bank for Reconstruction and Development (“EBRD”) in connection with USD 50 million loan to JSC “The State Export-Import Bank of Ukraine” (“Ukreximbank”).
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Our Client MM Makronissos Marina has successfully completed the execution of the BOT contract with the Government concerning the construction and operation of a Marina and a Real Estate development in Ayia Napa.
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In 1948, Scots Guardsmen shot dead 24 unarmed Chinese labourers in the rubber tapping village of Batang Kali, part of what was then colonial Malaya.
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In a judgment rendered on 30 April 2012 (4A_763/2011), the Swiss Federal
Supreme Court dismissed an application of Çukurova Holding against Sonera
Holding (a subsidiary of TeliaSonera, and at the same time Turkcell's biggest
shareholder) for judicial review of an ICC award between the parties.
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On 27th of March 2012, the Second Kazakh-British Forum on partnership development among suppliers in the oil and gas industry service sector was held in Astana. About 80 Kazakhstan and British companies attended the event.
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Gabrielle Nater-Bass and Melissa Magliana of Homburger's Litigation | Arbitration practice team recently obtained a Partial Award ordering Respondents who refused to pay their share of the advance on costs in an ICC arbitration to make immediate payment to the ICC.