Challenging the conflict culture: mediation’s struggle for acceptance in Europe
Mediation is credited with delivering what arbitration always promised, but does not consistently provide: fast and cost-effective… read more
The need for training in European law has not ceased to grow in importance since the 1980s single market initiative. Today, European law is a fast-developing, integral component of each member state’s law; its effective application depending on national authorities, courts and lawyers, for the parts they play in implementation, guidance and inspiration. … read more
Much recent analysis surrounding the 50th anniversary of the Rome Treaty on 25 March has centred on the need to overcome Europe’s lack of popular appeal to its citizens and the pervasive ambivalence felt toward its benefits. This ‘crisis of legitimacy’, manifest in widespread perceptions of a slow, remote and democratically deficient super-state, was exemplified by rejection of the new constitutional treaty back in 2005 by two of the six founding members, and has somewhat tarnished what should have been celebration of an incredible political, economic and social achievement. … read more
On 15 March a controversial new law became effective in Poland, compelling up to 700,000 people in positions of public authority to declare whether or not they collaborated with communist-era secret police between 1944-1990. … read more
Having worked in various jurisdictions both within and outside the EU, I have first-hand experience of the growth of mediation in countries such as Nigeria, Malaysia and Pakistan. It is evident that to get mediation into a recognised format in a country where it has so far not been adopted, there are certain key features which are needed to overcome the inertia which exists among those who have always dealt with dispute resolution in the same way. Those key features are the need to have an informed and supportive judiciary, informed (and ideally supportive) lawyers, an adequate supply of trained mediators, a cadre of locally based trainers in mediation and a framework within which the mediators can work to provide the service they have been trained to deliver.… read more
What triggers a judge to recommend mediation? How does the system of moving from litigation to mediation work? I come to these questions from two standpoints. First, as a judge who had a long term specialist interest in civil procedure (I was vice-president of the Court of Appeal (Civil Division) of England and Wales when I retired from the Bench last September), and now as a trebly accredited mediator, who has conducted a dozen mediations on his own since retirement last year.… read more
Private practiceBrussels is the most cosmopolitan legal centre in the world. Other capitals may outstrip it in terms of their financial clout – notably London and New York – and in terms of merger activity and commercial work the Belgian capital ranks as a mid-tier player, behind Frankfurt, Paris and Milan. But its status as European capital has drawn a wider array of nationalities of lawyers to the city than any other. … read more
Top Netherlands firms are slimming down their local practices and closing entire offices to boost profits. Following on from a Dutch trend to reduce size, which first emerged around 2001, some leading independent outfits like NautaDutilh and De Brauw Blackstone Westbroek are stepping up their ‘lean and mean’ strategy.… read more
Finland’s legal market is enjoying its best-ever period according to local lawyers, with record growth and healthy profits. Most firms report revenue increases of over 10 per cent – up to 30 per cent in the best cases. Such growth is particularly impressive considering 2005 was already a very good year for most practices, and can be attributed to surges in private equity, real estate and arbitration work. … read more
Europe and the loss of sovereignty
I have recently spent some time reflecting on how the concept of sovereignty has come to play such an important part in European political discussion and what it still has to say to us today. Anyone reading the daily papers and weekly periodicals with their frequent references to loss of sovereignty can not but be struck that thoughts on this topic need untangling. … read more
For the past few years Italy has been playing a waiting game. The legal sector, as with other Italian industries, remains characterised by traditionalism and regionalism. Small firms headed by big rainmaking partners who reap more profits than their colleagues in Europe’s larger legal practices, work on deals subjected to heavy employment and union regulation, putting foreign investors off large M&A transactions. But with restructuring taking place across the board, both companies and law firms are losing many quirks of history.… read more
Many Romanian lawyers believe the flood gates are about to open and a wave … read more
Multinationals confront the compliance challenge
International activities – even in a small business – can have a huge impact on a company’s domestic and global continued success. But many corporations have yet to comprehensively address the challenges of working across locations where laws, as well as cultural and business practices, create conflicting expectations. In fact, as global compliance has become more important to companies, the emphasis has been more on consistency and on general standards of conduct than on the specific laws in the various jurisdictions involved. Evidence of this is seen in the promulgation of corporate 'business conduct policies’ that proscribe typically identical behaviour for corporate employees worldwide.… read more
Results from TopLegal’s latest annual survey reveal that the leading 100 business law firms based in Italy generate a total turnover of €1.6bn. To put this in perspective, the value of services for the high end of the Italian legal market is worth €200 million more that the annual revenue of Giorgio Armani. The concentration of financial muscle among Italy’s leading corporate-commercial practices is also clear. Revenue at the top 100 law firms is equivalent to around 14 per cent of the total value of the Italian legal market (€11bn). Approximately 5,300 lawyers (2.9 per cent of the entire legal profession) generate 14 per cent of the income. … read more
Head of Eversheds’ Brussels office John Grayston is moving from the firm to set up a new consultancy practice in the city with assistant André Bywater as of the beginning of this month. Mr Grayston works on a range of competition and trade matters for Eversheds and will continue to advise it on a number of issues. The Eversheds office will now be headed up by Stefan Corbanie, who is responsible for leading and developing the firm’s employment practice in Belgium. Meanwhile the deficit in competition law resulting from Mr Grayston’s departure will be dealt with by two London partners – Stephen Rose, who will be spending more time in Brussels and James Robinson, who will continue to work in London, but offering greater assistance to Brussels. Paris-based partner Michael Brown remains Eversheds’ regional European managing partner responsible for the Brussels office.… read more
Dubarry’s sights on summer merger
As predicted in issue 66, French 14-partner firm Dubarry Le Douarin Veil has now formally entered into merger talks with the UK’s Field Fisher Waterhouse. The move is part of a wider strategy for the English firm to build its own integrated European partnership and also marks the end of its European Legal Alliance – which the French outfit has used in the past for international referral work. Dubarry partner Philippe Netto comments, “We are holding discussions now and will try to have a decision before the summer,” but said he could see no obvious reason for the merger deal to fail. … read more
Hogan & Hartson has recruited Isabelle MacElhone, previously senior partner of the Freshfields Bruckhaus Deringer Paris M&A team, as well as co-head of Freshfields’ consumer products and retail group, to join Hogan’s expanding Paris office as a partner in the corporate, securities and finance practice group. Ms MacElhone will also head up the M&A practice. She has been recognised for her abilities as a corporate and M&A lawyer by Chambers Global, Legal 500 and European Legal Experts. In 2003, she was awarded the Ordre national du Mérite.… read more
Clamping down on Community corruption
At dawn on 27 March 2007 more than 30 European Commission premises in France, Belgium, Luxembourg and Italy were raided by 150 policemen and 30 anti-fraud personnel. The investigation relates to suspected bribery, forming a criminal organisation and forgery. A European civil servant, a member of the European Parliament’s assistant and a businessman have all been charged. Jos Colpin of the Brussels public prosecutor’s office said that they were involved in “a very big case of corruption” that has continued for more than ten years. … read more
Insolvency law solutions fail to add up
While in the US, Chapter 11 of the Bankruptcy Code provides a framework for court-supervised restructurings, Europe still has no effective legal regime to support such a procedure. The absence of an equivalent regime in Europe makes restructurings more difficult and probably forces some companies into liquidation unnecessarily. The Chapter 11 process assists the restructuring of insolvent companies in two principal ways: by minimising the destruction of value in the insolvent company, and by providing clear parameters within which stakeholders can agree a restructuring deal.… read more
Exon-Florio ‘safe harbour’ threatened
A law authorising the US President to review foreign direct investment on national security grounds – little known inside or outside the United States until the Dubai Ports World affair of 2006 – is now undergoing further scrutiny. Recent US Congressional activity and developing trends in the administration of the review process could undermine the traditional US posture of openness towards foreign investment and highlight the risks of uncertainty for foreign direct investors in the United States.… read more
Clifford Chance advised Shell Gas (LPG) Holdings BV on the divestment of a number of its liquefied petroleum gas (LPG) businesses in Bulgaria, the Czech Republic, Germany, Romania, Spain and Switzerland. Shell, Vitogaz SA and Rubis SCA have signed sale and purchase agreements relating to the divestments. The deal in Romania is subject to the pre-emption and prior approval rights of Shell’s existing partners. John Wilkins led the transaction. … read more
Importance of document retention policies underestimated
Maintaining control over a business is a vital element in demonstrating that the management of a company properly performed its duties. … read more
A brief overview of labour and employment news
Recently things have been hectic for labour and employment law in Italy; everything is moving forward and changing very fast.… read more
Finnish tax climate is warming up
Real estate investments in Finland… read more
Recent important amendments to Romanian corporate law
Recently, the Romanian corporate area has undergone significant legislative changes, due to the enacting of Law no. 441 of 2006 (‘Law 441/06’), published in the Romanian Official Gazette, on November 28, 2006 and applied starting from the 1st of December, 2006.… read more
Reform of the Romanian companies law and its impact on corporate governance
On December 1, 2006, Law no. 441/1996 was adopted to amend the Romanian Company Law (Law no. 31/1990). The amendments are intended to further harmonize the Company Law with the acquis communautaire in the context of Romania's accession to the European Union and to address World Bank concerns about the compatibility of the Company Law with OECD principles.… read more
ECLA has appointed its first remunerated secretary-general following its annual general meeting held in Oslo on 23 March. Francesco Benigni, one of the founders of ECLA’s Italian member association AIGI, accepted the position. The decision to create such an appointment was cleared by the board in November last year. ECLA president Bengt Gustafson said: “In Francesco ECLA has found a qualified lawyer who has the capacity to develop ECLA to become the number one in-house lawyer association in Europe. Francesco has a solid background as an in-house lawyer and he has the ability to get things happening which are necessary components to take ECLA forward.”… read more
Commitments in antitrust and telecoms procedures: new rules
Law 4 August 2006, no 248 (L 248/06) vests the Italian Antitrust Authority (IAA) with the power to close proceedings without assessing the breach and imposing fines while accepting commitments from relevant companies. A similar power to accept companies’ commitments has also been granted to the Italian Communications Authority (ICA).… read more
Online advertising in Germany: what is permitted?
Online advertising – regardless of whether on a web page or in emails – is a growing market. This medium is attractive especially due to the fact that the costs for such advertisements are minimal. … read more
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