London as a seat of arbitration?
Fladgate LLP
by Heather Neilson
Arbitration is the proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to a dispute have agreed will be final and binding. It is the equivalent to litigation in the courts and entirely distinct from the various forms of non-binding dispute resolution mechanisms. A dispute may be arbitrated because the original contract between the parties provides for the arbitration of any dispute arising or because the parties subsequently agree to arbitrate once the dispute has arisen. Arbitration is today most commonly used for the resolution of commercial disputes, particularly in the context of international commercial transactions.
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Amendments to Tax Legislation in the Czech Republic
PETERKA & PARTNERS Law Offices, Prague
by Magdalena Vyskovska
Czech tax legislation has been amended with consequences for foreign businessmen. Act No.2/2009 Coll., mainly amending Act No. 586/1992 Coll., on Income Taxes, Act No. 593/1992 Coll., on Reserves for Ascertaining the Income Tax Base and Act No. 589/1992 Coll. on Social Security and Employment Policy Contributions, was published in the Collection of Laws of the Czech Republic and took effect on 1 January 2009. Simultaneously, Act No.1/2000 Coll., which amends Act No. 33/1992 Coll., on Real Estate Tax, took effect.
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Consequences of a Declaration of Bankruptcy against the Property of an Entity which is a Partner in a Czech Limited Liability Company Abroad
PETERKA & PARTNERS Law Offices, Prague
by Veronika Kocova
This article deals with the issue whether a declaration of bankruptcy against the property of a foreign entity which is a partner in a Czech limited liability company (or a limited partner in a limited partnership or a legal entity in a cooperative) has the effects under s148(2) of the Commercial Code, meaning whether the participation of this partner in the company is extinguished and whether the receivable of this partner representing the settlement share pertains to the bankruptcy estate.
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Bankruptcy proceedings under Bulgarian law – creditors’ perspective
PETERKA & PARTNERS Law Offices, Prague
by Plamen Peev
The general objective of bankruptcy proceedings under the Bulgarian Commerce Act is to ensure fair satisfaction for creditors and opportunities to reorganize a debtor's enterprise. The Commerce Act aims to balance the interests of creditors and debtors and to take into account the interests of employees. This article provides readers with a general overview of the rules regulating the complex relationships within bankruptcy proceedings in Bulgaria, with a focus on presenting the key aspects of the legal framework as seen from a creditor’s viewpoint.
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