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.
Prorogation clauses are forum-selection clauses in contracts between entrepreneurs, who agree in writing on the local jurisdiction of a first-instance court for disputes arising out of or in connection with their business matter, unless the law states otherwise and prescribes an exclusive jurisdiction. It is possible to enter into a separate prorogation agreement instead of a contractual clause with the same effect.
The “order for payment procedure” was initially introduced in Bulgaria with the adoption of the new Civil Procedural Code in 2007 as an accelerated enforcement procedure for debt collection. This procedure provides creditors with a relatively fast and easy way to obtain an enforcement order against debtors. In general, the order for payment procedure is like a closed administrative procedure and requires only the submission of a standard application form and payment of a state fee of 2% of the amount claimed.
CMS Warsaw has announced that it will be joined by five former Clifford Chance lawyers in August, including Slawomir Czerwinski and Mateusz Stepien, who will join as Partners, Jaroslaw Gajde, who will join as Counsel, Antoni Wandzilak, joining as Senior Associate, and Dominika Pietkun, joining as Associate.
In the current situation, many Russian companies, especially those with foreign investment, have found they are unable to hold their annual meetings (“Annual Meetings”) in full compliance with applicable laws. This is due to both the recent tightening of formal requirements for corporate resolutions and new restrictions on movement, meetings and business operations in connection with the COVID-19 pandemic.