Shareholders’ disputes, in some cases, are like a divorce. Business partners work for years together, and eventually build up a successful business empire, only to find that it is time to go separate ways. In the unfortunate event that the break-up is painful and shareholders have to proceed with unfair prejudice proceedings, what would be …
Continue reading “Valuation of shares in unfair prejudice proceedings”
Since 2018, Hungary has a new act on civil court procedures (Act CXXX of 2017 – the Act) which has brought about significant reforms after 50 years. The reforms were aimed at healing previous shortcomings, such as lengthy and tedious procedures, and making court cases concise, yet professional in quite a tight structure. As almost …
The principles that preside over employees inventions in France are well defined by the law. Indeed, article L611-8 of the French Intellectual Property Code (IPC) clearly defines the rules of ownership of invention and remuneration, for various situations, which differ depending on whether the employee has an inventive mission or not.
Class actions are a widely-used litigation practice in Israel and have been so for years. Illustratively, in each of the last three years, over 1,200 new motions to certify class actions were filed. Many of these claims were filed against multinational and foreign corporations concerning their operations in Israel. In fact, one might struggle to …
Continue reading “Class actions in Israel – a cautionary tale for international corporations”
With its population of just over 5.8 million, Denmark is home to powerhouses such as Mærsk, Carlsberg, Vestas and Novo Nordisk, and provides a welcome environment for arbitration – legislation and judgments are supportive, its legal approach bridges common and civil law, and the Danish Institute of Arbitration delivers a succinct and cost-effective means of …
Continue reading “Considerations for arbitration in Denmark”
The Taiwan government has been actively promoting fintech development and there have been several major developments recently. The primary regulator of the financial services industry, the Financial Supervisory Commission (FSC), introduced the ‘regulatory sandbox’ in 2018 and several fintech experiments have been launched since. In June 2019, the FSC announced that it will regulate security …
Efforts to provide more protection and encouragement to whistleblowers in the UK have taken a significant step forward this year – a stark reminder that now is the time for businesses to review their own procedures and policies.
Cypriot domestic arbitration proceedings are regulated by Arbitration Law, Cap 4, whereas international commercial arbitration is governed by International Commercial Arbitration Law, Law no 101/1987.
Until recently, the lion’s share of follow-on claims in relation to large EU-wide cartels were brought in the English courts. The claimant is the one who decides where to bring the claim (subject to the chosen courts having jurisdiction) and the availability of broad disclosure and other aspects of English procedure have made England an …
In recent years, Norwegian courts have transitioned to near-full electronic communication between the parties and the courts. Court hearings are more and more often paperless, and the use of long-distance meetings and examinations by way of video link is increasing. In this article, we put the spotlight on another aspect of digitalisation that is currently …
Continue reading “Recording and re-use of testimonies in Norwegian courts”
George Wilkinson, secretary to the Ashfords Foundation, outlines the positive benefits to law firms of getting serious about their charity work I am frequently asked why Ashfords established a charitable foundation. Having explained the why and the how, almost invariably the next remark is: ‘Why didn’t we think of that?’
Basic principles of third-party funding Over the past 30 years, third-party dispute funding has experienced an exponential growth in civil and common law jurisdictions. As the common law doctrines of maintenance and champerty were softened or even abolished (most often in the context of international arbitration proceedings), third-party funding became a viable option for companies …