Commercial Contracts

Recent Articles

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  16/05/2025

  United Kingdom

  Claims notification provisions in construction contracts: Court of Appeal guidance on “if … then” clauses

  A recent Court of Appeal decision has considered the effect of a claims notification provision using “if … then” language. The Court found that notification itself was a condition precedent, but stopped short of finding that a late notification would bar entitlement. There is very little previous case law on the use of “if … then” notification provisions and the Court’s judgment provides significant guidance on the topic. The judgment also demonstrates the need for care in the drafting of such clauses, as the natural meaning of the words used may be sufficient...

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  07/05/2025

  Austria

  New Austrian Regulation on the stockpiling of human medicines

  On April 21, 2025, a new regulation of the Austrian Federal Minister of Health on the stockpiling of human medicines came into effect. It aims to prevent drug shortages and ensure the uninterrupted supply of medicines to the Austrian population. The regulation will remain in force for three years.Obligations for Marketing Authorization Holders (MAHs)The regulation on the stockpiling of human medicines (“Verordnung betreffend die Bevorratung von Humanarzneispezialitäten”, BGBl II 161/2024) mandates that MAHs who distribute human medicinal products listed in the annex to the regulation...

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  04/05/2025

  Switzerland

  OECD-UNCTAD-UN­CIT­RAL Investment Treaty Conference: What was discussed and what’s next

  On 31 March 2025, a high-level Investment Treaty Conference was held in Paris, jointly organised by the Organisation for Economic Cooperation and Development (OECD), the United Nations Conference on Trade and Development (UNCTAD), and the United Nations Commission on International Trade Law (UNCITRAL). The Conference focused on modernising first-generation investment treaties to support the Sustainable Development Goals with an aim to explore practical avenues for amending investment treaties to foster sustainable development and enhance global economic resilience.Background: Investment treatiesInvestment...

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  29/04/2025

  Netherlands

  Hague court rules mu­ni­cip­al­it­ies can ban fossil fuel advertising

  On 25 April 2025, the court in The Hague ruled on the advertising ban for fossil fuels in the municipality of The Hague, dismissing the objections from the travel industry and upholding the ban of fossil-fuel advertising.Why the municipality of The Hague implemented the advertising banIn September 2024, the municipal council of The Hague implemented a ban on advertising in public spaces for fossil fuels, air travel, flight tickets, grey electricity contracts, gas contracts, cruises, and cars with fossil or hybrid fuel engines. This ban, which came into effect on 1 January 2025, was created to protect...

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  28/04/2025

  Germany

  Mobility in the 2025 Coalition Agreement

  Extensive need for action in the mobility sectorThe coalition agreement between the CDU, CSU and SPD for the next four years contains numerous measures to promote mobility in Germany and some changes to transport policy. These measures are aimed at making mobility more environmentally friendly and efficient while at the same time strengthening the automotive industry.Tax incentives for e-mobility and accelerated expansion of the charging station infrastructureThe coalition agreement provides for various tax breaks in the area of e-mobility. Details on the implications for e-mobility can be found...

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  28/04/2025

  Switzerland

  European Commission Report: Mapping Third-Party Funding in Litigation and Arbitration across Europe and beyond

  On 21 March 2025, the European Commission published the report "Mapping Third-Party Litigation Funding in the European Union", in response to a 2022 resolution by the European Parliament on responsible third-party funding (TPF).The Commission’s Report, which exceeds 700 pages and was conducted in collaboration with the British Institute of International and Comparative Law and the Asser Institute, examines the TPF landscape for litigation and arbitration across EU Member States and four non-EU countries – Canada, Switzerland, the UK, and the US – to inform potential future policy...

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