Legal Briefing

Real estate projects in Slovenia: the basics you need

The Slovenian legal system is a civil law system. Transfer of property is regulated predominantly by the Law of Property Code, the Code of Obligations and the Land Register Act. These regulations lay down rules regarding the acquisition and transfer of property as well as formal contractual requirements, whereas some other restrictions, for example pre-emption …

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Speed of thought and action – the key to dispute resolution | Brodies

It may surprise some that raising and running court actions to a conclusion before a judge is only part of the overall picture in most large dispute teams. Dispute resolution is an area which covers many topics – at Brodies alone, more than 130 people work on delivering solutions for a diverse client base. Indeed …

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Disclosure in civil litigation: All change please, all change! | Walker Morris

From 1 January 2019, a mandatory pilot scheme will operate in the Business and Property Courts across England and Wales, ushering in a new era of disclosure management in civil litigation. Walker Morris’ head of commercial dispute resolution, Gwendoline Davies, and senior associate and professional support lawyer, Amanda Kent, consider the changes and what they …

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SFO v ENRC – a victory for privilege but just how far does it go?

On 5 September 2018, the Court of Appeal re-enforced privilege as a cornerstone of a company’s protections in relation to internal investigations in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation. This article considers the case and its practical implications, including continuing limitations on privilege and the pitfalls to avoid. The …

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Selection vs sovereignty: your choice of jurisdiction clauses in Qatar | Al Tamimi & Co

You are nearing the end of the discussions for concluding a contract – the obligations and rights are defined, the terms are stipulated and you are making final decisions as to how your contract will be governed. This is vital, for contracting parties are fully aware that deciding on what law will govern the agreement …

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Recognition and enforcement of foreign judgments in China | Fangda Partners

After the landmark decision by a Chinese court finding reciprocity between China and the US, and recognising and enforcing a US judgment for the first time, there have been heated discussions on whether this case signals a genuine broader trend towards recognition and enforcement of foreign judgments in China. The term ‘foreign judgments’ does not …

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The rising tide of litigation against directors | Clifford Chance

Over the past few years in London, our disputes practice has seen a rising tide in big ticket claims against individual directors. We have also seen a similar trend across our global network and in some of the offshore jurisdictions where we have strong links with local firms.

The landscape of international arbitration in Kenya | JMiles & Co

The main focus of this article is on international arbitration in Kenya. However, we shall take a short glimpse at alternative dispute resolution methods in Kenya in this section. The use of alternative dispute resolution methods is established in the Constitution of Kenya of 2010. As a guiding principle in exercising judicial authority, Article 159(2)(c) …

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The increasing role of PR in litigation | Maltin PR

The asymmetric approach King Pyrrhus of Epirus famously said: ‘If we are victorious in one more battle with the Romans, we shall be utterly ruined.’ He was talking in 279 BC about the large number of soldiers he had lost in the battle of Asculum, but today he could just as easily have been referring to …

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Whose money is it? Financial disclosure and judicial assistance in changing times | Higgs and Johnson

For a number of decades, The Bahamas has been one of a number of select jurisdictions utilised by high net worth individuals to manage their wealth. In prior times, terms such as tax evasion, and banking secrecy were, in some cases, attached to such practices. As such, these terms became increasingly stigmatic.