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Issue of Attribution in International Investment Disputes - The ICSID Hamester Case

Author(s): Marko Surkoš / Language(s): English Publication Year: 0

In the field of foreign investment, matters of state responsibility and attribution play a very important role. This article addresses the attribution issues of state responsibility in an investment dispute case under International Centre for Settlement of Investment Disputes (ICSID) - Gustav F W Hamester GmbH & Co KG v. Republic of Ghana. Research within this article focuses on summarizing the key elements of attribution relating to state responsibility within the work of the International Law Commission (ILC) and tries to give an overview of the investment case and author’s opinion and conclusions on the legal arguments presented in the final decision, relating to attribution.

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Alternative Disputes Resolution for Consumer Contracts: Challenges for EU and its Implementation in Slovakia

Author(s): Ľubica Martináková,Miroslav Slašťan / Language(s): English Publication Year: 0

This paper focuses on current challenges in arbitration law in the context of consumer contracts. It starts with a brief introduction on need to regulate this very specific area by considering arguments for and against the arbitration clauses in consumer contracts in general. The authors then move onto short history excursion on “prohibition” of alternative dispute resolution in the EU with emphasis on current EU legal framework - Directive 2013/11/EU on alternative dispute resolution for consumer disputes (the “Directive”) and Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes.

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The End of Arbitration in Bohemia?

Author(s): Naděžda Rozehnalová / Language(s): English Publication Year: 0

The title of this paper actually paraphrases the name of a Czech comedy. Just like in that film, it is a slight exaggeration: the possibility of resolving disputes through arbitration is not going to disappear in the Czech Republic. However, there are symptoms pointing to the existence of certain issues. They hinder and complicate the proceedings and the enforcement of the ensuing arbitral award to such an extent that, in a certain time frame, theycould impact the choice of arbitration as a way of resolving disputes.

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Immunity Defences in Enforcement Proceedings Concerning Awards Rendered in International Commercial Arbitration Involving States and State Entities

Author(s): Anita Garnuszek / Language(s): English Publication Year: 0

Issue of state immunity against enforcement of arbitral awards in investment arbitration has always raised many concerns, especially among investors who could not be certain, whether they would receive what has been awarded to them by the arbitral tribunal. However, the purpose of this paper is to answer the question whether immunity defence may be similarly invoked in enforcement proceedings concerning awards rendered in international commercial arbitration involving states and state entities.

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New Phenomenon of Emergency Arbitration in International Commercial Arbitration and Position and Powers of Emergency Arbitrator Under the ICC Arbitration Rules 2012

Author(s): Ľubica Martináková / Language(s): English Publication Year: 0

In recent years, we have witnessed significant amendments to arbitration rules of well-known arbitration institutions such as ICC, SCC, London Court of International Arbitration and others with aim to reflect on new technical developments of this fast-growing area of law and to react on the actual needs of parties to a dispute. One of the most significant changes brought by these amendments is the introduction of a phenomenon of emergency arbitration proceedings that builds and definitely improves the previous concepts.

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Evidence in Arbitration Proceedings

Author(s): Lucie Zavadilová / Language(s): English Publication Year: 0

The taking of evidence constitutes a crucial part of arbitration proceedings. National courts generally follow elaborate rules governing the evidence taking. However, there are no strict rules of evidence in arbitration. Most modern arbitration statutes and arbitration rules now include a provision giving the parties freedom to lay down the rules for the taking of evidence. Failing such agreement, the provision grants the arbitral tribunal a wide discretion to determine all procedural matters.

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За допустимостта на косвените искове по чл. 134 ЗЗД, чл. 240А ТЗ и чл. 118 ЗППЦК в производството по несъстоятелност

Author(s): Alexander Alexandrov / Language(s): Bulgarian Publication Year: 0

The study examines the question which claims can be qualified as claims for filling the insolvency estate and introduces two criteria – subjective and objective. According to the subjective criterion, only the claims that can be issued by the trustee in bankruptcy and in the cases provided by law by a bankruptcy creditor should be defined as claims for filling the insolvency estate. According to the objective criterion – a claim for filling the insolvency estate is anyone who could lead to an increase in the property of the insolvent company. In this connection, the question of whether indirect claims in insolvency proceedings are admissible and what risks this poses to creditors is considered. The question of the conditions under which de lege ferenda indirect claims could be admitted was also considered.

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За разграничението на анатоцизма и капитализирането на лихвата

Author(s): Milen Marinov / Language(s): Bulgarian Publication Year: 0

The term “anatocism” is not a legal term, but was introduced by legal theory to denote the accrual of interest on interest. Due to its legal nature and the result pursued by it, the institute is often confused with the phenomenon of "capitalization of interest". Both theory and practice find it difficult to distinguish between the two concepts and often equate them. The present work aims to clarify their legal figure and to make the necessary distinction between them.

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Development of Patent Activity in Czech Republic

Author(s): Stanislava Štefánková / Language(s): English Publication Year: 0

Intangible assets play an important role in business activities and represent a significant source of competitive advantage. Firms usually tend to protect their assets regardless of whether they are tangible or intangible. This study focuses on patents and patent activity in the Czech Republic. The aim of our research is to discuss factors affecting the value of a patent and factors affecting its vulnerability. Research in this field also revealed why firms tend to patent their technology. In this paper we analyse the historical development of patent activity, focusing on the engineering sector (classes F16-F17 according to the International Patent Classification), and factors influencing the development. Data were obtained from the annual reports of the Industrial Property Office and the Czech Statistical Office. The analysis showed that the number of national patent applications has been rapidly decreasing since 2002, when the Industrial Property Office became a recipient of European patent applications. Nevertheless, the number of nationally granted patents and European patents validated in the Czech Republic has a rising tendency, suggesting that the Czech market is competitive and worth securing protection of new technology.

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Legal Background for a Different Expert Assessments of a Business Enterprise Belonging to a Commercial Company and of a Business Share in a Commercial Company

Author(s): Roman Skalicky / Language(s): English Publication Year: 0

The role of an expert witness is to provide the court with an independent and neutral assessment (e. g. valuation) based on his expertise. The aim of this paper is to define legal background of a business enterprise (belonging to a commercial company) and a business share (in a commercial company) valuation within the legal system of the Czech Republic. For this purpose, the paper examines the legal nature of a business enterprise and a business share and the case of their purchases that might require an expert valuation, compares them and defines the differences between them influencing expert assessments so that it can subsequently result in a reliable valuation by an expert witness. The most significant differences are apparently associated with public claims and a corporate name.

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Правна уредба на търговската тайна в българското право

Author(s): Deyan Dounavski / Language(s): Bulgarian Publication Year: 0

Confidential business formation just like the patents and other intellectual property rights, needs to be effectively protected because it can provide competitive advantage. The adoption of the Law on the Protection of Trade Secrets in 2019 overcame the shortcomings of the previous fragmentary regulation in Bulgarian Law and alligned the legal protection of trade secrets with the European legislation and in particular with Directive (EU) 2016/943.

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Oтграничаване на правото на напускане от ООД по чл. 125, ал. 2 тз от други хипотези на едностранно прекратяване на членственото правоотношение по търговския закон

Author(s): Georg Shikov / Language(s): Bulgarian Publication Year: 0

The article examines the provisions of Art. 125, para. 2, Art. 134, para. 2 and Art. 263q, para. 1 of the Commerce Act. In particular, the main legal characteristics of the right of withdrawal from a limited liability company under Art. 125, para. 2 CA are defined. A comparative analysis on the basis of aspects such as legal nature and holder of the right, prerequisites, procedure for exercise and legal consequences of the rights under Art. 125, para 2 CA and the provisions of Art. 134, para 2 CA and Art. 263q, para 1 CA is performed. The similarities and differences between the said provisions are indicated, where an attempt has been made to differentiate the right under Art. 125, para. 2 CA of the similar rights under Art. 134, para. 2 CA and Art. 263q, para. 1 Ca

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Прехвърляне на дял от търговско дружество

Author(s): Nikolay Pavlevchev / Language(s): Bulgarian Publication Year: 0

The study aims to outline the general characteristics of the transfer of a share in a company by examining the different company types. The study raises questions about the characteristics of the concept of share in a company, the object of the legal relationship within the share is transferred, its parties, and the conditions for the transfer. The study grounds that a transfer of a share is equivalent to transfer of membership. The consequences of the transfer are expressed in termination of the membership of the transferor who is replaced by the acquirer. Thus, the transferor can only be a member of the company. The object of the transfer is the membership itself. The membership is a legal relation which means that it includes not only rights but also obligations in respect of the company and that is why the company shall consent with the transfer. The study examines some controversial topics regarding the transfer of a share.

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Роля на лицензионните отношения при доказването на общоизвестност на марка

Author(s): Mihaela Mihailova / Language(s): Bulgarian Publication Year: 0

What are trademarks licence agreements? Different types of a licence agreement. Is it possible to register a licence agreement of a wellknown trademark? Is it possible for a licensed contract to be a way of proving well-known? The report reviews the main different types of trademark licence agreements as a way to prove a well-known reputation of a trademark.

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Защита на трето лице при въвод във владение на купувача на недвижим имот от публична продан (чл. 498 гпк)

Author(s): Gyulbahar Kesedzhi / Language(s): Bulgarian Publication Year: 0

After the entry into force of the act of enforcement agent for assignment of real estate and presentation to him of the evidence under Art. 498, para. 1, assoc. 2, the buyer of the public sale shall be put into possession. Entry is made against any person who is in the property, and the latter can protect their rights only with a claim for ownership. It is available to the person who on the day of entry into possession of the buyer by public sale, owns the property and is not bound by the subjective limits of the writ of execution issued against the debtor in the enforcement process, or is the person under Art. 498, para. 3 CPC. The third person under 498 para. 2 or para 3 CPC do not have the rights under art. 435, para. 5, Art. 523, para. 2 and Art. 524 CPC.

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Данъчни правни отношения съгласно действащото законодателство

Author(s): Nina Chilova / Language(s): Bulgarian Publication Year: 0

Legal tax relations can only exists as legal relationships. They are specific legal bond between at least two subjects, which arises in the presence of certain legal fact or facts provided in the hypothesis of the tax norm. Underlying types of legal tax relations are pure (monetary) and unreal (organizational). In addition, the relationships, according to their structure, could be bilateral or trilateral. The law regulates various categories of complications, which may occur regarding the subjects and the facts comprised in the legal tax relationships.

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Социални и икономически последици за българското кино от приемането на измененията в закона за филмовата индустрия /2021 г. /

Author(s): Diana Andreeva-Popyordanova / Language(s): Bulgarian Publication Year: 0

This analysis examines the amendments to the Film Industry Act, the Regulations for the Practice of the Film Industry Act through the prism of social and economic aspects on the Bulgarian film industry. The market and non-market defects in the film industry and the change of market rationalism in the film process are considered. The procedure for preparation of amendments to the Law on the Film Industry is analyzed, reflecting the violations in the stages of coordination, adoption in the National Assembly of the Republic of Bulgaria, as well as the process for preparation of the bylaws. The expediency, efficiency and effectiveness of state aid for the film industry are reflected, as well as the problems with the control of public finances and methodology for assessing and measuring economic effects of the reimbursement scheme for foreign productions shot in the country.

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Правен режим на търговията с хранителни добавки в България

Author(s): Borislav Atanasov / Language(s): Bulgarian Publication Year: 0

Each economic activity, including the trade one is done in compliance with a certain regulatory regime. The European legislation is transposed into the Bulgarian practice through the respective legal acts; it ensures certain level of competitive environment between the economic organizations and consumers protection in the purchase process. In recent years, the advertisement of different types of food supplements through different communication channels has become more widespread and this provides the possibilities to consumers to make a purchase through more than one trade channel. In this study, based on the examination of the current legislation in the field of the trade with food supplements, an attempt to define the main principles of the regulatory regime in doing this economic activity in both commercial and non-commercial form of trade is made.

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Общоизвестните марки като обекти на особен залог, приложимо право и особености

Author(s): Mihaela Mihaylova / Language(s): Bulgarian Publication Year: 0

The well-known trademarks are a key factor in the corporate image and corporate identity building. They are an asset that, if measured in money, could potentially skyrocket a commercial enterprise to the top of the market. Contractual relationships and legal institutions associated with well-known trademarks are often obscure and imperfect. The question arises to what extent the legal framework of a special pledge of a trademark and specifically of a well-known trademark meets the requirements of commercial and civil turnover. The current article gives an overview of the peculiarities of the applicable law in the field of special pledge and well-known trademarks.

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Podmiotowe i czasowe aspekty ochrony informacji poufnych stanowiących tajemnicę przedsiębiorstwa – zarys problematyki

Author(s): Mateusz Gawroński / Language(s): Polish Publication Year: 0

The article outlines the subjective and temporal aspects of the protection of confidential business information (trade secret). As a result of the amendment of the suppression of unfair competition act, the scope of persons entitled to trade secret was extended from entrepreneurs to 'non-entrepreneurs'. The time limits of the protection of the right to trade secret are limited by the state of confidentiality of the information and its economic value.

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