The importance of intellectual property (IP) in an M&A deal process can often be underestimated, particularly if it is not seen as central to the transaction process. Regardless of whether […]
Read moreMandatory mediation is not a mere formality Mandatory mediation is not a mere formality
A remarkable and paradigmatic case shows the widespread diffusion of the IR Global network and proves that cooperation among Members’ firms leads to success: four IR Global Members’ firms – Bacciardi and Partners (Italy), Advokatfirman Nova AB (Sweden), SKW Schwarz (Germany) and FBP Legal (Italy) – lead their clients through the storm of an international […]
An examination of most commercial contracts governing international agreements will reveal a clause dealing with alternative dispute resolution, specifically arbitrations. The oft-quoted advantages of arbitration, as opposed to litigation, usually […]
Read moreThe United Kingdom is due to leave the European Union (EU) on March 29th 2019, officially dissolving its membership after 25 years. During that time the EU has expanded considerably […]
Read morePunitive damages have long been considered extraneous to the Italian legal framework. For the first time, with the landmark judgement no. 16601 of 5 July 2017, the Joint Divisions of the Italian Court of Cassation ruled in favor of the enforceability in Italy of foreign decisions awarding punitive damages (usually issued by Courts outside the […]
The concept of limited liability is one well known in the international corporate lexicon. Companies are organised to minimise their liability for the actions of related but legally separate entities, […]
Read moreThe co-sales clause is inoperative in the case of the sale of the bare property The co-sales clause is inoperative in the case of the sale of the bare property
One of the main challenges of the coming decades is the energy issue. In the future, it is hoped, we will be able to create an ‘energy mix’ in which all energy sources are complementary to one another. In the event of such a mix, it is likely that renewable sources will be the dominant […]
When an international commercial dispute arises, one of the first and most important issues to tackle is to identify what court has jurisdiction on the case. In the presence of a jurisdiction clause in the contractual documents, this is usually a straightforward task, although arguments about the effectiveness of the clause itself may always be […]
Anyone considering an inbound investment into another country or jurisdiction must give serious thought to taxation. Issues such as privacy, accurate asset valuation and liability protection are important, but it […]
Read moreIn the Anglo Saxon legal world, the idea of insuring against warranties and indemnities in an acquisition or divestiture is not new, although its frequent use as an integral part […]
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