Autor: Vajk Varai-Jeges

Russisches Roulette-Klausel“ im Gesellschaftsvertrag zulässig

In practice, fifty-fifty shareholdings often give rise to the problem that shareholder decisions are mutually blocked by a deadlock situation. A so-called “Russian roulette clause” in the articles of association resolves such shareholder deadlocks by giving either shareholder the right to offer all of their shares to the other shareholder for purchase at a specified […]

Vertragsgestaltung im indonesischen Raum

The Indonesian Court of Appeal (High Court in Appellate Decision, No. 48/Pdt/2014/PT.DK) held that contracts are valid only if at least one contractual version is available in Indonesian (Bahasa), regardless of whether the contract was concluded with a foreign company. Since 9 July 2009, Law No. 24 of 2009 has been in force in Indonesia […]

Schlichtungsverfahren bei Gesellschaftsstreitigkeiten

Where the articles of association require an attempt to conduct conciliation proceedings before an action is brought, an action filed without such an attempt must be dismissed as inadmissible for the time being. Nor does admissibility revive if the conciliation proceedings are conducted before the close of the final oral hearing on the facts. The […]

„Preisbindung der zweiten Hand“ bei der Vertragsgestaltung in China

Last year, in 2013, the National Development and Reform Commission of the People’s Republic of China (NDRC) and the local pricing authorities of the affected provinces of Sichuan and Guizhou imposed unusually high fines, within a very short period of time, on two of the best-known state-owned enterprises, the spirits producers Maotai and Wuliangye, amounting […]