A package of amendments to the rules of the Civil Procedure Code came into effect in Lithuania on July 1, 2017. A number of these amendments are significant for business and for advocates.
The Latvian Supreme Court Clarifies Recovery for Cancellation of Leasing Contract
In Latvian Case SKC-176/2017, lessor Swedbank Leasing resold the lease objects to another buyer after lessee Mednis had made full payment, such that, according to the judgment of the arbitration court, at the moment the objects were resold the lessee was not in debt to the lessor.
Disputes Between Entrepreneurs and Public Sector in Poland Now Open for Mediation Proceedings
Investment involving public funds in Poland is often a source of conflict between public sector entities and entrepreneurs.
Dispute Resolution in Slovakia
So far, 2017 has been a very challenging year for dispute resolution in Slovakia, as several new laws changing the current approach to court proceedings and arbitration have entered into force. Practitioners as well as the courts need, therefore, to balance the old rules (which are to some extent still applicable to ongoing proceedings) with the new rules.
Alternative Dispute Resolution for Consumer Disputes in the Czech Republic: A Year and a Half in Practice
On February 1, 2016, the Amendment to Act No. 634/1992 Coll., on Consumer Protection (the “Amendment”) entered into force, implementing European Union directive No. 2013/11/EU on alternative dispute resolution for consumer disputes, which requires the member states of the European Union to ensure that consumers have access to a simple, efficient, fast, and low-cost way of resolving disputes arising from sales or service contracts.
Invalidity of an Arbitration Agreement Due to a Possible Violation of the EU Directive on Self-Employed Commercial Agents
The Parties’ Positions
In state court proceedings, Claimant requested indemnity pursuant to Section 24 of the Austrian Commercial Agents Act, basing the Austrian court’s jurisdiction on Section 99 of the Law on Court Jurisdiction, pursuant to which a person who does not have a forum generale in Austria may nevertheless be sued in Austrian courts if he or she has assets within the district of an Austrian court. Claimant argued that Respondent had assets in Austria as it had an outstanding claim against it.
Modernization of the Slovenian Civil Procedure Act
The most recent amendment to the Slovenian Civil Procedure Act (Zakon o pravdnem postopku, or “ZPP”) was issued in February 2017, with the amendments set to apply from September 14, 2017.