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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...
The Gas Market Model Ordinance plays a major role in the Austrian gas market, as it regulates network access and the capacity management and balancing system in Austria's three market areas: the east, Tyrol and Vorarlberg. read more...
One of the main advantages of arbitration vis-à-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...
As of September 1st 2016, a newly established special department, dedicated solely to white collar crimes, has commenced its work within the Hungarian Metropolitan Public Prosecution Office (Fővárosi Főügyészség). read more...
The CJEU already had the chance to rule on the legitimacy (under copyright law) of hyperlinks to copyrighted works in the Svensson (C-466/12) and Bestwater (C-348/13) cases. In both cases the court came to the conclusion that hyperlinks to copyrighted works freely available on another website are not "communications to the public" (ie a "new public") and therefore do not require the consent of the right holders. read more...
On 2 September 2016, the Bulgarian Commission for Protection of Competition proposed a draft act for amendments (the "Draft") to the Competition Protection Act (the "CPA"). These amendments aim to implement Directive 2014/104/EU of the European Parliament and the Council of 26 November 2014, on certain rules governing actions for damages under national law, for infringements of competition law provisions of Member States, and of the European Union (the "Directive"). read more...
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
Pharmaceutical companies and other healthcare suppliers have always been of special interest to the Hungarian Competition Authority (HCA) due to the associated public health concerns. In light of this, the HCA has concluded several cooperation agreements with other agencies to facilitate the investigation of these markets. Initially, the agreements were developed with the authorities responsible for the authorisation and monitoring of medical devices and food supplements. read more...
After the broker scandals of 2015, the government introduced new protective measures this year to restore Hungarian investors' trust in capital markets instruments and investment service providers. In 2015, it was discovered that some local broker houses had manipulated their information systems and as a result their reports on securities were not an accurate reflection of the reality. read more...
On August 28 2014 the Austrian Supreme Court submitted a request to the European Court of Justice (ECJ) (6 Ob 137/13 k) for a preliminary ruling on the interpretation of EU law regarding cross-border mergers. read more...