Disputes

Recent Articles

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  25.09.2023

  England and Wales

  Final injunction granted to cover Esso Petroleum pipeline

  The recent decision of Mr Justice Knowles granted a final injunction until the end of the year, in line with completion of construction of the project, and gives useful guidance for anyone considering similar action.BackgroundThe matter started in August 2022 with Esso seeking an interim injunction to restrain unlawful protest interfering with the construction of its Southampton to London pipeline pursuant to a development consent order (“DCO”).  The pipeline runs for over 100km across southern England and the works are designated as a Nationally Significant Infrastructure Project. ...

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  21.09.2023

  Poland

  Poland to allow shareholders to request prosecution for crime of mismanagement

  PL

  As of 1 October 2023, Polish shareholders in a both joint stock and a limited liability company will be able to file a request for prosecution for a crime of mismanagement not resulting in an actual loss (Article 296 § 1a of the Polish Criminal Code). This provision criminalises actions that cause an imminent threat of financial loss exceeding PLN 200,000 by persons responsible for managing the financial matters or business activity of another person or entity (i.e. primarily by members of the management board).Who will be able to file a request for prosecution?Until now, a request from...

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  15.09.2023

  Ukraine

  Ukraine Supreme Court interpretations of building regulations prove crucial to the construction industry within Ukraine

  The Ukrainian legislative framework regulating construction is constantly under development and is not always straightforward or aligned. In order to launch a construction project in Ukraine, it is crucial for developers to consider the guidance found in the decisions of the Supreme Court, which are binding for state apparatus, including authorities granting permissions to develop buildings. When high court decisions make a U-turn in established practice, they can potentially impact the market. The following article describes Supreme Court decisions in two areas of development: construction in...

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  12.09.2023

  China

  Amendment of PRC Civil Procedure Law

  On 1 September 2023, the Standing Committee of the National People’s Congress of the People’s Republic of China (“PRC”) released its decision to amend, for the fifth time, the PRC Civil Procedure Law (“Old CPL”). The amended PRC Civil Procedure Law (“New CPL”) will take effect on 1 January 2024. According to the introduction to the New CPL by the Legal Affairs Commission (Civil Law Office) of the Standing Committee of the National People's Congress (“NPC”), the amendment of the Old CPL focuses on revising and improving the content of Chapter...

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  07.09.2023

  United Kingdom

  Law Commission issues final report on Reforms to Arbitration Act 1996

  On 6 September, the Law Commission of England and Wales released its final report on the Arbitration Act 1996 (the “Act”). The report is the culmination of over two years of review, including two separate consultation papers. Ultimately, the Law Commission has recommended only six “major initiatives” for reform. Given the statute’s success and its ability to stand the test of time, most of the reforms are unsurprisingly relatively modest and the proposed bill accompanying the report is relatively short.Key reforms include changing the default rule on the governing...

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  04.09.2023

  Romania

  Romania extends insurance policies from Euroins Romania to avoid market consequences

  On 31 August 2023, the Romanian government passed emergency Government Ordinance (GEO 2023), which extends by 90 days the validity of the insurance policies issued by Euroins Romania Asigurare-Reasigurare S.A., which is now in bankruptcy. Prior to the issuance of GEO 2023, motor third liability insurance policies (MTPL) issued by Euroins Romania were due to expire on 8 September 2023 while the guarantee policies issued by this insurer were due to expire within 150 days after the opening of its bankruptcy procedure (i.e. 7 November 2023). According to a government statement, GEO 2023 has been enacted...

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