The Journal March 2019

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Unfair Commercial Practices: A New Directive

Nuno Pereira

On 12 March 2019, was approved the Legislative Resolution by the European Parliament, regarding the proposal for a Directive from the European Parliament and the Council, which aims the unfair commercial practices in relations between companies in the food supply chain, seeking the harmonization resulting from the adoption by the Member States of national rules on the same unfair commercial practices.

The main objective of this new Directive is to combat the imbalances in the bargaining power between suppliers and buyers of agricultural and food products, which are often in the genesis of unfair commercial practices.

New Payment Structures for a New Age

Jessica Carballo

We’ve written about changes in the way goods are bought and sold, from brick-and-mortar to e-commerce. But what about how goods are being paid for? As the retail landscape shifts to digital terrain, retailers would be wise to think about how they accept payments to suit new ways of buying and attract a new generation of debt-wary consumers.

Currency has taken on many forms throughout the ages: silver, gold, paper, plastic. Now that retail is decidedly digital, tangible methods of payment seem outdated and web-based payment systems are on the rise. 

Netherlands Commercial Court

Kees van der Burg

The Netherlands Commercial Court (NCC)) was created on 1 January 2019 to meet the increasing demand of the business world to swiftly and effectively resolve international business disputes. From an organisational point of view, the NCC is situated in the Dutch courts, being part of the District Court and Court of Appeal in Amsterdam. Proceedings and judgements are in English.

The NCC has the tools to communicate effectively and provide swift and firm guidance in complex litigation matters.

Insurance Ombudsman

Natasa Skrbic

The Rulebook on Insurance Ombudsman in the Republic of Srpska entered into force on January 21, 2018.

The Insurance Ombudsman is established at the Insurance Agency of the Republic of Srpska, and main function of the same is to enable the out-of-court settlement of disputes and disagreements arising from and related to the insurance contract. The Insurance Ombudsman works independently and does not act as a representative of the Insurance Agency.

How Crucial Is Nowadays the Role of Risk and Compliance Officers?

Maria Evangelou

We have recently noticed the significant changes with regards to the sanctioned entities and jurisdictions announced from the President of the United States of America, the regime changes in Iran, restrictions or even exclusions of collaborations with Politically Exposed Persons, and the list of such restrictions is getting longer day by day.

Overall, is there any definition for a “safe” co-operation which companies can follow to protect themselves? Is there any available list of “blacklisted” entities (being either legal or physical) with whom any provision or receipt of services and/or goods is prohibited? 

Spousal Maintenance – Where Are We Now?

Louise Barretto

Most of my clients are understandably anxious about whether they will be expected to pay, (or will receive) spousal maintenance for the rest of their lives after divorce.

This is not always an easy question to answer with certainty at the beginning of a case. Generally, case law shows a move away from joint lives awards. The power of a court to award spousal maintenance stems from legislation but the way that this is applied differs from case to case. The judge has a wide discretion in making orders and so outcomes may differ even on similar facts.