Saturday, September 22, 2012

[1] Lithuanian Supreme Court Civil Division nikken europe judges in 2010. March 16. Lithuanian Mini


Is the process of acquiring jurisdiction to hear disputes nikken europe the legal relations, arbitration or dispute is attributable solely to court? This question is answered LAT dispute with the Republic of Lithuania Ministry of the Environment Agency and Environmental Management Projects UAB Kaunas Water has taken steps to eliminate in 2010. 8 February. Vilnius Court of Commercial Arbitration Case No. 139 of the WTE plaintiffs' Wassertechnik GmbH AB and Work Underground "claim these defendants. Should be noted that this dispute is different (?) Aspects of the LAT was analyzed twice. [1] Because of the limited scope analysis of the relationship between work in general court and arbitration provisions of calls which was quite extensive and detailed these orders, we restrict ourselves to real public procurement litigation matter.
In his address to the court for the applicant time 2 UAB Kaunas Lithuanian Water Court of Appeal
for annulment of the Vilnius nikken europe Court of Commercial Arbitration 2010. 8 February. decision of the Lithuanian Law on Commercial Arbitration (hereinafter - Once) 37, Art. 3 d. 1 p. and 5. basis [2]. Lithuanian Court [3] award Appeal dismissed the applicant's appeal and the arbitral tribunal confirmed the decision. This decision was appealed before the Court of Cassation [4], who spoke on disputes arising from the legal relationship of public contracts, arbitruotinumo. The Court first noted that when Article 11. 1 st. shows that it can not be transferred to the arbitration of disputes arising from constitutional, labor, family, administrative law, as well as disputes relating to competition, patents, nikken europe trademarks and service marks, bankruptcy, as well as disputes's arising from consumer contracts. As we can see, the procurement dispute under the law include the nearbitruotinų. As a final point help in this regard, the court further added that this dispute nearbitruotinų exhaustive list, but nearbitruotinų litigation legal relations can be interpreted broadly. However, despite the fact that public procurement argue when 11 art. 1 st. cards installed on the back, and can not for the purposes of this Act may be concluded that they nearbitruotini, the court decided that such an interpretation when the se means that the disputes that can not be a matter of dispute arbitration, they must be included in one act. The Court, having regard to the fact that PSO is lex specialis nikken europe [5] other law, noting that the legal relationship of public procurement provisions first apply existing PSO and other laws apply only in cases where the matter is regulated by PSO or PSO rules put a blanket provision. The distribution of PSO and fact finding in this case, the Court based its desire to protect the public interest, the real possibility of legal protection nikken europe mechanisms. LPS also note that we have to in order to ensure protection of the public interest in dealing with disputes nikken europe procurement entity nikken europe responsible for their consideration of the broadest powers to act, according to the court, the power granted only to Lithuania courts certainly.
Question arbitruotinumo Procurement Division prior to the order being heard LPS D. Soloveitchik [6]. The author, nikken europe after assessing the Prado essential public procurement law public procurement and influence policy in the context of national case law and concluded that disputes relating to public procurement procedures are nearbitruotini, but due to disputes relating to the same public contract, its interpretation of the provisions, the author's opinion is slightly different. First, it indicates that the procurement contract by its nature daily commercial transaction, which is subject to the Civil Code, but its special feature is that the Law on Public Procurement nikken europe provides for the compulsory insurance contract after public sign. This prohibition stems from the fact that the tribunal is able to satisfy the claim, which seeks to require the contracting authority to change the economic balance in favor of the supplier, but D. Soloveitchik opinion, this does not mean that public procurement disputes in nearbitruotini.
The author of the article, the order can be seen in some organizations SCL alternative dispute resolution (ie mediation) per day. After allowing for disputes that can not be transferred to arbitration, undoubtedly related to the public interest and the protection, and consequently both commercial entity that relationship after contract award (except for changing the contract) will be considered in the public interest aspect of security.
[1] Lithuanian Supreme Court Civil Division nikken europe judges in 2010. March 16. Lithuanian Ministry of Environment Protection of civil proceedings Environmental Projects Management Agency again. Underground Waters AB, WTE Wassertchnik GmbH, any case. 3K-3-116/2010 and the Civil Division of the Lithuanian nikken europe Supreme Court panel of judges Higher in 2011. October 17. civil order b

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