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Kinstellar secures major victory before the Romanian Supreme Court of Justice
Kinstellar Romania is pleased to announce the successful representation of a leading provider of cash payment services in Romania in a dispute recently finalized before the Romanian Supreme Court of Justice. This legally complex litigation stemmed from a high-value damage claim initiated by a former contractual partner, alleging harm as a result of our client’s lawful exercise of its legal and contractual rights. The case raised important Romanian legal questions regarding the limits of contractual rights and the broader implications of business decisions made within legally established entitlements. Given the legal complexity of the case and the existence of related judicial proceedings, the litigation team of Kinstellar
CJEU confirms validity of asymmetric jurisdiction clauses in contracts
On 27 February 2025, the Court of Justice of the European Union (CJEU) issued a key ruling in the Lastre case (C-537/23) (the Judgment), confirming that asymmetric jurisdiction clauses in contracts are valid and in compliance with the Brussels I recast regulation and the Lugano II Convention. The Judgment provides greater legal certainty for parties, especially in cross-border contracts, as the validity and enforceability of such clauses had been previously questioned by some national courts. Asymmetric jurisdiction clauses allow one party of a contract to choose a competent court from jurisdiction of its choice in the event of a dispute, while restricting the other party to courts of only a specified jurisdiction. These
Kinstellar acts in landmark AIFC Court case on jurisdiction over foreclosure of pledged property
Kinstellar acted for its client, Freschette Limited, in a case before the AIFC that resulted in a precedent setting judgement. The AIFC Court has delivered a judgement in AIFC Court Case No. 35 of 2024 – Freschette Limited v. Enegix LLP & Others, affirming its jurisdiction over foreclosure proceedings concerning pledged immovable property in Kazakhstan. The case was brought by Freschette Limited, a foreign investor. Kinstellar advised the client on structuring the transaction which was basis for the case. Despite the absence of established court practice or clear regulatory guidance, Kinstellar strategically proposed a dispute resolution clause designating the AIFC Court as the exclusive forum for resolving disputes
How Slovak courts operated in 2023 – Statistics don’t lie
At the beginning of August 2024, the Ministry of Justice of the Slovak Republic released its annual statistical yearbook for 2023 (please see here: Statistical Yearbook 2023). At the time of publication, the effects of the so-called judicial map reforms that were initiated in 2023 had not yet manifested themselves in any significant way. However, we have identified several intriguing trends and other data that we would like to bring to your attention. Civil and commercial litigation In 2023, courts in the Slovak Republic handled 39,920 civil cases, with 110,392 disputes (including commercial cases), which is 7,742 fewer cases than in 2022. Based on an overview of the duration of proceedings in
Kinstellar announces new Senior and Managing Associate promotions in Zagreb
Kinstellar is delighted to announce a new round of promotions in our Zagreb office. Tena Pajalić, Andrej Skljarov and Franciska Fadljević have been promoted to Managing Associates, and Hrvoje Klišanić and Kristina Marinov have become Senior Associates. These skilled professionals have demonstrated their expertise and have become integral members of our team. This promotion acknowledges their professionalism, outstanding service to clients, and significant contributions to the Firm.Miroslav Plašćar, Office Co-Managing Partner Tena Pajalić advises on financing projects, particularly on acquisition finance and project finance. She is also regularly involved in corporate housekeeping matters and due
Kinstellar Sofia authors the Bulgarian chapter of the GAR Commercial Arbitration
Kinstellar’s team in Sofia authored the Bulgarian chapter on Commercial Arbitration 2024, published by the Global Arbitration Review (GAR), the leading resource on international arbitration news and community intelligence. Our Bulgarian experts contributed with answers to a total of 51 questions across a variety of topics such as the infrastructure for international arbitration in Bulgaria, requirements for an arbitration agreement, the arbitral procedure, and enforcement. The publication was put together by Boryana Boteva (Senior Counsel), thanks to her significant experience in advising and representing clients in international and domestic arbitration proceedings on commercial and investment disputes, and in litigations
Do you want to litigate in Slovakia? From 1 April 2024 you will pay more
At the end of last year, the National Council of the Slovak Republic adopted changes to administrative fees, court fees and fees in other areas of public administration. From 1 April 2024—just a few days from now—not only will it be necessary to pay more for various administrative matters, but court fees will also increase. Click on one of the images below or click on the following links to read the overview covering the respective changes in English or in Slovak. Downloa d in English: Download in Slovak:
Kinstellar announces new promotions to Counsel
February 2024 – Kinstellar is delighted to announce the promotions to Counsel of: Yerlan Akhmetov, Kuanysh Shekerbekov (Almaty, Kazakhstan), Cătălin Dinu, Cătălin Graure (Bucharest, Romania), Barnabás Sági (Budapest, Hungary), Yulia Eismont, Maksym Tesliar (Kyiv, Ukraine), Michal Forýtek (Prague, Czech Republic), Andrijana Kaštelan, Vedran Kopilović, Marija Vuchetich (Zagreb, Croatia). ALMATY Yerlan Akhmetov focuses on banking and finance, M&A and capital markets matters. Having been with the Firm for nine years, Yerlan has earned a reputation for cultivating strong client relationships, demonstrating leadership qualities and making significant contributions to our firm's success. He has played a key role
Kinstellar strengthens its team in Kazakhstan with the appointment of Ardak Idayatova as Partner
Kinstellar is delighted to announce that Ardak Idayatova has joined the firm’s Almaty office as Partner. Ardak Idayatova is an experienced practitioner with a career spanning 20 years. She focuses primarily on commercial arbitration (especially construction arbitration) and litigation, as well as on public-private partnerships and real estate. Ardak’s expertise includes providing comprehensive support to major infrastructure projects, primarily representing foreign investors, international development banks and foreign contractors. Additionally, she represents and provides legal assistance to clients in foreign commercial arbitrations, mainly in connection with construction disputes arising out of different
Kinstellar welcomes new Senior Associate, Lenka Petráková, to its highly rated Dispute Resolution Team in Prague
Kinstellar is delighted to announce the addition of Lenka Petráková to its Dispute Resolution team as a Senior Associate in the Prague office. Lenka Petráková brings a wealth of experience and expertise to Kinstellar. With over four years of specialised practice in civil litigation, Lenka has established herself as a formidable advocate in the legal community. Her primary focus remains dispute resolution, a field she passionately describes as her favourite area of practice, as no two cases are the same, which brings the opportunity to always learn new things. Her extensive background includes significant work with both domestic and international insurers, providing Lenka a unique insight into numerous legal
Recent ECJ judgement sparks controversies on the Romanian statute of limitations for criminal liability
The Romanian regulatory context In recent years, the statute of limitations for criminal liability in Romania has been the subject of numerous debates among legal scholars and practitioners. This is because in 2018 the Romanian Constitutional Court rendered a binding decision declaring as unconstitutional, in part, the provisions of the Criminal Procedure Code on interrupting the statute of limitations for criminal liability. The Constitutional Court issued this binding decision because the Romanian legislator had failed to amend the respective provisions, and as a result has divided the jurisprudence of Romanian criminal courts into two camps of interpretation, namely: (i) one camp stating that the statute of limitations cannot
Ukraine Parliament mandates electronic presence for court proceedings
The Ukrainian parliament has passed the Law “On Amendments to Certain Legislative Acts of Ukraine Concerning Mandatory Registration and Use of Electronic Offices in the Unified Judicial Information and Telecommunication System or Its Separate Subsystem (Module) that Ensures Document Exchange”. The law is due to take effect on 18 October 2023. The Law mandates that each participant in court proceedings in Ukraine register their electronic presence in the system by opening their respective electronic office within it. The principal purpose of this new requirement is to ensure the quick, flawless and guaranteed exchange of procedural documents among all participants in court proceedings in Ukraine. Key provisions