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Insufficiently precise provisions of the law, unharmonized court practice, as well as the average duration of the employment disputes, were affected creating the “fear of litigation” amongst many employers. Due to the stated reasons, instead of unilateral employment termination, even in cases when there is firm evidence confirming its lawfulness and validity, the employers tend to execute the mutual agreement on employment termination, as well as to pay certain one-time compensation on the said basis.

Arbitration clauses, in their nature, impose on the parties an obligation to refer their disputes to arbitration as set forth in the arbitration agreement. Such agreements are vastly symmetrical – they provide both parties with the equal right to invoke arbitration proceedings.

Last week, we discussed the topic of incentives for the improvement of energy efficiency and energy improvement/rehabilitation, and possibilities for individuals and housing communities in that regard. This time we would like to glance at incentives for energy improvement/rehabilitation for housing communities– residential and residential–commercial buildings connected to district heating systems, which may be obtained through the project called „Energy improvement/rehabilitation of residential, multi-family buildings connected to district heating system– Public ESCO Project“ which is initiated by the Ministry of Mining and Energy in collaboration with the European Bank for Reconstruction and Development. 

In light of the latest amendments to the Law on Spatial Planning and Construction, which put the topic of energy efficiency and energy features of the building in the spotlight, it would be interesting to remind ourselves of the already existing legal in regard to energy efficiency improvement in Serbia, and above all, what laws and especially bylaws at the local level offer and provide to housing communities – buildings (in srb. – stambena zajednica) and individuals and in which manner they may obtain financial support in case that they intend to carry out certain measures/works that improve the energy efficiency of the building, i.e. apartment.

Both consumers and companies that are using the software in everyday activities, either for business or pleasure, usually do not own the software, but only have limited rights granted by a license agreement with specifically defined scope and terms of use. Why the misunderstanding? In general, software is a set of instructions or programs used to operate computers and execute specific tasks. It is an intangible object, opposite to hardware compartments. With the latter, the ownership perception is clear when you are buying it. On the other hand, software brings confusion to end-users - is it purchased or licensed? Because the difference is essential.

On October 26, 2023, the National Assembly of the Republic of Serbia passed new amendments to the Law on the Protection of the Right to a Fair Trial (hereafter referred to as the “Law"), which were published in the Official Gazette of the Republic of Serbia No. 92/2023.

We are facing a remarkable growth of blockchain technologies. One of the main functionalities of this technology is to ensure the confidentiality, integrity, and availability of (personal) data. This article addresses possible advantages and risks for the protection of privacy and personal data posed by blockchain technologies and manners how to mitigate risks to protect the rights and freedoms of data subjects and other natural persons.

JPM & Partners has recently embarked on a transformative journey of both rebranding its operations and integrating with the law offices of Lana Vukmirovic Misic in Montenegro – a “long-time JPM friend and partner.” JPM & Partners Senior Partners Nenad Popovic and Lana Vukmirovic Misic discuss the firm's recent rebranding, strategic expansion, and the motivations behind these as well as what comes next for the firm.

Although a seemingly simple question, the obligation to incorporate a branch does not have a simple answer. Branch incorporation of business companies is foreseen by the Company Law (hereinafter: "Company Law").

A golden parachute is a compensation agreement guaranteeing significant financial benefits to a top executive who loses their job, namely chief executive officers and other high-ranking employees who depart because of a merger or acquisition. They are often applied through clauses in employee contracts, specific contracts, or acts of incorporation.

Starting from 1 January 2024, the Council Directive (EU) 2022/2523 of 14 December 2022 on ensuring a global minimum level of taxation for multinational enterprise groups and large-scale domestic groups in the Union (hereinafter: Directive) will start to apply.

The adoption of the Law on the Use of Renewable Energy Sources in 2021 created a very favorable environment for investments in green energy. Recognizing the opportunities and incentives, investors in a short period of time submitted a large number of requests to Elektromreža Srbije as a transmission system operator ("TSO") for the connection of future power plants using renewable energy sources. More precisely, requests for the connection of 22,000 MW have been submitted so far, while the total capacity of the power plants connected to the system is about 8,500 MW.

BDK Advokati has advised Waberer’s International on its acquisition of a 55% stake in the MD International distribution company in Serbia, with an option for the remaining 45%. JPM & Partners advised MDI shareholder Dragoslav Micic. Marjanovic Law reportedly advised the other sellers.

Everyone is free to choose their work, time, or place of engagement and the profession they will commit to. The Serbian Constitution grants these basic human rights while also envisaging that all jobs are available to everyone under equal conditions. A similar principle is founded under the Law on Protection of Competition - that the protection of competition on the market of RS is regulated with the aim of economic progress and the well-being of society as a whole, especially to the consumer’s benefit. However, these are only the general principles that are subject to numerous constraints with the purpose of either protecting basic human rights, preventing unfair competition, or harboring the whole economic system with the consumers and companies as its vital participants.

JPM Partners at a Glance

We are a full service commercial law firm in Serbia, with over 30 years of successful practice in SEE region and true and lasting partnerships with our clients.

Our diverse teams of lawyers are focused on practice in specific legal areas, handling some of the most high-profile multijurisdictional matters in energy, project development, mining, foreign investments, corporate and commercial. We are highly sought-after for legal advice in creative industries, environmental law and white-collar crime, as well as intellectual property, international arbitration, labor and data protection

As an exclusive member of Lex Mundi – the world’s premiere network of leading independent law firms, we interconnect and reach globally. Regionally, we advise clients in Montenegro directly, through well established partnership with ‘JPM Montenegro Partner Vukmirovic Misic law firm’ and close working relationships with selected first-rate firms in the region. Working together with our domestic and international clients on their most significant transactions and around entry to Serbian market, allows us to operate as the perfect hub for SEE and other cross-border transactions.

Our clients operate in increasingly competitive landscape and we are identifying new methods of using legal technology, to help them increase efficiency, save time and streamline work processes - document management, billing and accounting. By adopting LUMINANCE AI platform for legal professionals, we use machine-learning for contract analyses across our practice groups, as well as eDiscovery revolutionary software to simplify operations in all forms of litigation.

With exclusive access to EQUISPHERE – Lex Mundi Innovative service model, our clients can design their own legal team by choosing the best lawyers in the relevant jurisdictions, sharing documentation and communicating with all teams at any time, from a single point of contact.

Consistently recognized as a top-tier law firm, both by clients and leading independent legal directories Chambers & Partners, Legal 500 and IFLR1000, we remain committed to delivering highest quality service to our clients and help them succeed in overcoming cross-border challenges. We remain committed to continuously share our knowledge by regularly publishing articles, giving lectures and organizing international conferences.

Firm's website: http://jpm.rs/