News & Affairs
News & Affairs
24. 05. 12
First demand bank guarantee – how to challenge?
Jurisdiction – ESTONIA
In case of first demand bank guarantees, there are very limited possibilities for the guarantor to challenge the guarantee claim of the creditor. Namely, the law prescribes a general rule that the guarantor may only present such arguments against the guarantee claim that derive directly from the guarantee (e.g. that the guarantee term has passed and accordingly, the guarantee is no longer valid).
Read more
News & Affairs
11. 05. 12
News & Affairs
Challenging the termination of the employment agreement – take notice!
Jurisdiction – ESTONIA
Parties to the employment agreement have to keep in mind that when receiving an unfounded termination notice, the party receiving the notice has to take actions in order to challenge the termination of the employment agreement. Namely, Estonian Employment Contracts Act states that the party who receives the termination notice and wants to challenge its validity, has to submit an application to the Labour Dispute Committee or bring an action to the court within 30 days as of receiving the termination notice.
Read more
News & Affairs
News & Affairs
23. 04. 12
Non-contractual damage – which court to choose?
In the European Union, Regulation No 44/2001 is the legal act to rely on when determining the jurisdiction in civil and commercial matters. The general principle of the regulation is that a person should be sued in the court of the Member State where the person is domiciled. However, there are several important exceptions to the aforementioned general rule.
Read more