A little more than two years following its establishment, the Ukrainian Supreme Court is undergoing significant reform of its role in delivering justice. As distinct from the massive judicial reform back in 2017, which was launched by a single comprehensive law, the new overhaul of the Supreme Court is happening gradually.

The extent to which a judge may be active in obtaining the facts necessary to adjudicate a dispute or in finding the legal norms on which a decision is based is a fundamental question of any legal proceeding. Can judges invite the parties to present facts which they consider essential? Or can a judge tell the parties that in his or her view the dispute can be settled on the basis of legal provisions which they have not invoked? These fundamental questions apply to arbitrators as well. In this respect, does arbitration give arbitrators a smaller or greater role than that which judges have? Perhaps surprisingly, arbitrators may in fact have stronger powers in this respect than state-authorized judges.

Until a few decades ago, litigation funding was nowhere to be seen. Today, it is daily business across law firms in the US, UK, and Australia. Although it has taken longer to reach Europe, and particularly CEE, it has now firmly made its mark, and it looks like it is here to stay.

Climate change-related risks have climbed to the top of the agenda of various stakeholders across the globe: governments, international organizations, NGOs, businesses, and ordinary citizens. The Global Risk Report 2020, presented this year at the World Economic Forum in Davos, demonstrates that climate-related risks – including extreme weather, climate action failure, natural disasters, biodiversity loss, and human-made environmental disasters – are among the top five long-term risks over the next ten years. Most notably, according to survey respondents, the failure of climate change mitigation and adaptation is this year’s number one long-term risk by impact. The report underscores that, in the 2020s, “concerted action is required not only to reduce emissions but also to develop credible adaptation strategies, including climate-proofing infrastructure, closing the insurance protection gap, and scaling up public and private adaptation finance.”

When it comes to resolving disputes between contracting parties, the threat, “I’ll see you in court!” often is the first thing to cross peoples’ minds. This call to arms is still common, despite the availability now of different dispute resolution methods, such as arbitration.

“You’ve got mail!” Unfortunately, instead of coming from Tom Hanks, it’s the commercial court informing you that your company is being sued. Online! Are you and your SPV ready for the new mandatory electronic communication with Croatian courts?