MEDIATION FOR COMPANIES AND INSTITUTIONS
The resolution of disputes before state courts or arbitration tribunals is only ultima ratio. Even with the most careful drafting of the underlying contracts, there is sometimes no other choice. This applies in particular if the other party becomes insolvent and the insolvency administrator - who is obliged to the insolvency creditors - brings an action in order to increase the insolvency estate.
Piltz Legal offers you many years of experience and comprehensive expertise in national and international arbitration. Piltz Legal represents you in proceedings before state courts and arbitration tribunals, shows you in which structures arbitration is practically without alternative and recommends proven dispute resolution clauses for your contracts.
Arbitration is much more balanced for the international settlement of disputes and more adaptable to the particularities of the case to be decided than state jurisdiction. Nevertheless, arbitration is not a panacea either and requires prudent preliminary examinations.
Many conceivable conflicts and potential disputes can at least be significantly defused and mitigated by prudent and careful drafting of contracts. However, this also includes robust dispute settlement clauses.
Prof. Dr. Piltz is or has been an arbitrator in numerous proceedings and is Chairman of the Executive Committee of the European-Latin American Arbitration Association (ELArb) in Hamburg.
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News
Territorial scope of NIS-2 – When does the German BSIG apply to managed service providers (MSPs) from third countries?
In a previous article (only available in German), we addressed the question of who qualifies as a managed service provider (MSP) or managed security service provider (MSSP) under the amended German Act on the Federal Office for Information Security and on information security in entities (BSI Act – BSIG) (Note: There is currently no official English translation of the current version of the BSIG. However, there is at least a machine translation by the EU.). If a company within a group of companies is centrally responsible for the operation of the group's IT, it can be classified as an MSP and thus as an important or particularly important entity within the meaning of Sec. 28 para. 1 no. 4 and/or Sec. 28 para. 2 no. 3 BSIG – provided that it falls within the scope of the BSIG.
NIS-2: Obligation to designate a representative for entities in third countries
Within the scope of the NIS-2 Directive (NIS-2-RL), situations may arise in which providers of certain NIS-2-relevant services, such as managed service providers, are based solely in a third country but offer services within the EU. According to Art. 2 (1) NIS-2 Directive, the territorial scope of application applies as soon as a company provides a service or carries out activities in the EU. Art. 26 NIS-2 Directive specifies this scope of application to the effect that, in principle, the Member State in which the entity is located and thus its respective implementing law is applicable. We have already written an article on this subject.
New awards for our partners
We are very pleased that Prof. Dr. Burghard Piltz and Dr. Carlo Piltz have received further awards from the Handelsblatt and have been included in the 16th edition of The Best Lawyers in Germany™.