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Ferbrache & Farrell LLP | Guernsey | 2 Dec 2021

Prescription and limitation - when should you bring a claim?

This is to limit the opportunity for parties to bring a claim over a historic event and provide certainty to potential parties to litigation…
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Allen & Overy LLP | Slovakia | 11 Apr 2019

Has Slovakia become an arbitration-friendly jurisdiction?

In 2018 the Slovak courts addressed a number of issues while upholding arbitral awards, suggesting that the jurisdiction is becoming more arbitration friendly. This article explores two of these issues – namely, whether courts should review the application of substantive law and facts established by tribunals and the use of public policy as grounds for setting aside an award.
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Jackson Lewis PC | USA | 20 Mar 2019

New Jersey Prohibits Enforcement of Non-Disclosure Provisions in Settlement Agreements, Other Contracts

A sweeping amendment to the New Jersey Law Against Discrimination (LAD) bars enforcement of non-disclosure provisions in settlement agreements and…
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Cocalis & Partners | Greece | 21 Feb 2019

Annulment of arbitral awards for violating public order provisions

Under Article 897 of the Code of Civil Procedure, an arbitral award can be annulled in whole or in part by a decision from the competent national court only if it is contrary to, among other things, public order provisions or bonos mores. Examples of public order provisions that would justify the annulment of an arbitral award include jus cogens rules which have been enacted in order to......
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Lenz & Staehelin | Switzerland | 19 Feb 2019

Precautionary taking of evidence in support of current proceedings

Under the Civil Procedure Code, the Swiss courts usually take evidence only after the parties have fully pleaded all particulars. The taking of evidence is often preceded by multiple exchanges of written submissions; however, in certain cases, it may be unreasonable to wait until the proceedings have fully developed to take certain evidence. For such cases, Swiss law allows parties to request......
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Vandeventer Black LLP | USA | 23 Nov 2018

Before Entering Into A Contract With An Arbitration Provision, Consider What Time Period The Parties Will Have To Bring Claims

Statutes of limitations are statutory deadlines for filing legal actions. Limitation periods vary by the type of action. It is important to evaluate…
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Elias Neocleous & Co LLC | Cyprus | 20 Nov 2018

Administrative Court's judgment on purported changes to terms of public procurement competitions

The Cyprus Administrative Court recently resolved the question of to which extent, if any, an action of a contracting authority can modify the published terms of the competition in a public procurement process. The court rejected the recourse filed by the applicant, which had sought to annul the decision of the Municipality of Limassol, as contracting authority, to award the contract to......
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Haynes and Boone LLP | USA | 12 Nov 2018

Construction Law Practice Tip: Certificate of Merit Requirements in Federal Court

Under Texas law, a plaintiff must file a certificate of merit in any action for damages arising out of the provision of professional services. A…
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Ropes & Gray LLP | USA | 18 Oct 2018

101 PTAB Challenges Might Come Back to Haunt Your Parallel Litigation

Covered Business Method (CBM) challenges have fallen out of favor with petitioners. This is due to a number of factors, not the least of which is…
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Norburg & Scherp | Sweden | 11 Oct 2018

Stricter rules on challenges in proposed Arbitration Act revisions

A new government bill for revising the Arbitration Act was recently presented to Parliament. The proposed amendments concerning challenges of awards and jurisdictional decisions align with the ambition of restricting challenges and upholding the finality of awards. The proposed provision on multi-party arbitrations aligns with many institutional rules and could, along with the provision on......
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