Martens Rechtsanwälte’s Post

New Arbitration Law in #CostaRica! The Legislative Assembly approves a law that unifies national and international arbitration procedures. This regulation introduces shorter timeframes, allows virtual hearings, and simplifies processes. 🚀💻 A commercial dispute that used to take months could now be resolved in weeks. 💼 👉 Find out how this law benefits your business. All the details here🔗 https://bit.ly/3XqHKT2 📧 Would you like to receive more news like this? Subscribe to our business newsletter.🔗https://bit.ly/3eF5X5w #ArbitrationLawCR

We would like to share that our Partner, Manos Mastromanolis, has released a monograph through NOMIKI BIBLIOTHIKI titled “Executory Contracts in Insolvency Law”. This work introduces the first systematic approach to this intricate topic under Greek law. Manos's book delves into doctrinal foundations, comparative perspectives, the context of bankruptcy, preventive restructuring, and practical applications to trademark licenses, offering related insights. Congratulations Manos for your dedication and work throughout the years! For the monograph: https://lnkd.in/dXsMdCqR #lambadarioslawfirm #insolvencylaw #bankruptcy

Landmark judgment on determination of Seat of Arbitration – Arif Azim Co. Ltd. Vs. Micromax Informatics FZE Dr. Dhananjaya Y. Chandrachud (CJI), Mr. Justice J. B. Pardiwala and Mr. Justice Manoj Misra Case Citation: (2024) ibclaw.in 291 SC This judgment covers: (i) Notional Doctrine of Concurrent Jurisdiction and Applicability of Part I of the Arbitration & Conciliation Act, 1996. (ii) Criterion or Test for Determination of Seat of Arbitration: Conflict of ‘Venue’ versus ‘Seat’ of Arbitration. (iii) Closest Connection Test – Place of Arbitration to be ascertained by the Law governing the Arbitration Agreement and not the Place of Arbitration. (iv) The Shashoua Principle – ‘Venue’ to be construed as ‘Seat’. (v) Non-exclusive jurisdiction clause in arbitration agreement. (vi) Doctrine of Forum non Conveniens. Read here full summary with text of the judgment: https://lnkd.in/gH2EMUWN

We are excited to announce that Dmitri Evseev, a distinguished arbitrator with over a decade of experience, will be speaking at the Swedish Arbitration Association Days 2025 in #Stockholm. Dmitri will join a panel discussion on "Obtaining Digital Evidence/Information" will feature esteemed speakers including Pirrka Pöldvere LEADELL Law Offices, Matthew Toma Burford Capital, Shirin Saif Roschier. This year's theme, "Information in Arbitration," will be explored through six panels, each looking into various aspects relevant to #internationalarbitration practice. #SwedishArbitrationDays #InternationalArbitration #DigitalEvidence #LegalTech #ArbitraInternational #Arbitrators

The Israeli Supreme Court issued a landmark ruling affirming that patents sold through judicial insolvency proceedings qualify as "assets" under Section 34a of the Israeli Sale Law. This provides buyers with "clean title," free from prior claims, and enhances certainty in distressed IP transactions. However, key questions remain, particularly around pre-existing licenses and obligations tied to Israeli Innovation Authority funding. These unresolved issues highlight the need for careful assessment in such deals. We’ve prepared a detailed analysis of the decision and its implications. With deep expertise in patent transactions and Israeli IP law, we are uniquely positioned to guide clients through these complexities. https://lnkd.in/d795eTSV #PatentLaw #DistressedAssets #IntellectualProperty #Bankruptcy #IPAssets

Time for Friday open-access reading recommendations! First up - Carlo Vittorio Giabardo 'Private Justice: The Privatisation of Dispute Resolution and the Crisis of Law' (Wolverhampton Law Journal, Vol. 14, 2020) (https://lnkd.in/epKGBPCE) Although it is sometimes assumed that avoiding litigation is a good thing, Carlo's article (drawing on a vast array of sources) problematizes this very well and should give any mediation (but also arbitration) practitioner or proponent a reason to stop and reflect. Then - Shai Dothan 'Ex Aequo Et Bono: The Uses of the Road Never Taken' ( iCourts Working Paper Series, No. 146, 2018) (https://lnkd.in/e8UKkqSU) What's the point of a way of resolving disputes that no-one uses? In this case focussing on the well-known but little understood concept of ex aequo et bono decision-making, Shai makes an excellent case that having such a mechanism (even if unused) has multiple and tangible benefits. Enjoy the weekend (reading)! #arbitration #mediation #internationallaw

The past two years have tested us in ways we could not have imagined: an indefinite cancellation and a necessary relocation. But through it all, we always kept sight of our mission. We are thrilled to announce that the EEFIMoot Court is back! And this is not just our joy; this is your time to shine. Register to compete in legal argument, financial calculation, or to act as arbitrator. #EEFIMootCourt #arbitration #ISDS #InternationalLaw #LawisInTheAir #Law #finance #investment #legalhistory #easterneurope #disputeresolution #mootcourt #competition

We would like to share that our Partner, Manos Mastromanolis, has released a monograph through NOMIKI BIBLIOTHIKI titled “Executory Contracts in Insolvency Law”. This work introduces the first systematic approach to this intricate topic under Greek law. Manos's book delves into doctrinal foundations, comparative perspectives, the context of bankruptcy, preventive restructuring, and practical applications to trademark licenses, offering related insights. Congratulations Manos for your dedication and work throughout the years! For the monograph in Greek: https://lnkd.in/dXsMdCqR #lambadarioslawfirm #insolvencylaw #bankruptcy

Litigation funding is steadily gaining traction in Italy, signaling a growing acceptance of third-party finance across Europe’s legal landscape. As more jurisdictions recognize the value of litigation funding in expanding access to justice and enabling complex legal claims, the industry continues to evolve. Italy’s progress highlights how global markets are embracing innovative financial solutions to support legal disputes. #LitigationFunding #AccessToJustice #LegalFinance #ThirdPartyFunding #GlobalLegalMarkets https://lnkd.in/e6mXr_BU

No matter if your #arbitration is international or domestic, managed or independent, commercial or investment-focused, Lexis+ Arbitration caters to your needs. From legislation, books, and journals to Halsbury's, guidance, and news, #LexisPlus Arbitration consolidates all the essential resources, enabling you to find the answers you seek quickly. Discover arbitration law on Lexis+ today: https://lnkd.in/dPPYWSsE #legal #lawyers