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History shows that the last bastion of freedom of speech, which guarantees these values, is the free press. But it’s no secret that since 2015, key constitutional values have been in crisis. Over the past three years, there have been repeated legal actions by state institutions, state-owned companies, businessmen and other lobbying organizations aimed at stifling the work of journalists, publishers and NGOs.

Nestor Nestor Diculescu Kingston Petersen has successfully represented Romanian electricity distributor ENEL E-Distributie Banat in a tax dispute regarding tax depreciation for transferred fixed assets. 

In Turkey, parties of a dispute tend to resort to courts even if they have a valid arbitration clause for the respective dispute. In the Final Award in Case 8887 (“Case”), International Chamber of Commerce (“ICC”) ruled that the defendant Turkish company (“Defendant”), by pursuing an action in the Turkish Courts despite the existence of a valid arbitration clause, breached its agreement to arbitrate and therefore it is liable for damages which the claimant Italian company (“Claimant”) might suffer due to this breach. In this article, we will briefly share the details of the Case and touch upon the reasoning of the ICC for deciding that Defendant is liable for the damages that the Claimant might suffered due to this breach.

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