JANUARY 16, 2023
The questions of arbitration clauses and subsequent arbitration proceedings have already been brought before the European Court of Human (hereinafter „the Court“). Most notably, the Court held that arbitration is not incompatible with the European Convention on Human Rights (hereinafter „the Convention“), established in Transado - Transportes Fluviais Do Sado, S.A. v. Portugal (dec.), 2003. In Eiffage S.A. and Others v. Switzerland. 2009 and Tabbane v. Switzerland, 2016, para. 27, the Court held that by accepting an arbitration clause, the parties voluntarily waive certain rights enshrined in the Convention.
JUNE 13, 2022
Unlike a court proceeding which is an orthodox method of dispute resolution embedded in the constitutional framework of every state, resorting a case to arbitration requires a specific expression of will from both parties. This is done through arbitration agreement. Substantially, just like any other agreement, it is a bilateral legal arrangement between two or more parties.
JANUARY 03, 2022 BY ANISA TOMIĆ
According to the applicable legislation in Bosnia and Herzegovina (BH), domains are not considered as intellectual property rights (IP). The owner of the national domain .ba is the state of BH and any legal or natural person is considered a user of the registered domains, for as long as the yearly maintenance fees are paid regularly.
DECEMBER 7, 2021 BY DZANA SMAILAGIĆ-HROMIĆ AND EZMANA TURKOVIĆ
PARTNERS AND CO-HEADS OF COMPETITION
Distribution agreements are a necessary legal basis for any distribution chain across industries, and are very important both for the cooperation of companies within individual countries, and for the cooperation of distribution chain companies coming from different countries. In an attempt to retain or conquer the market, certain companies (manufacturers or main distributors) may try to restrict local distributors or wholesalers to selling only their products or to selling at certain prices, by imposing specific distribution conditions on them in (exclusive) distribution agreements. Most of those companies are not aware that such imposed distribution conditions are prohibited by law and that very high penalties are prescribed for such actions in Bosnia and Herzegovina.
NOVEMBER 1, 2021 BY SLAVEN DIZDAR, HEAD OF REAL ESTATE AND ENERGY
On June 23, 2021, the lower chamber of the Parliament of the Federation of Bosnia & Herzegovina, the House of Representatives, passed a decision instructing the Government to “analyze the existing legal framework in relation to the construction of small hydroelectric power plants and to initiate the parliamentary procedure of amending the existing laws in order to protect the rivers and the environment.” Such a broad and generic decision comes after months of campaigning by several NGOs, supported by local and Hollywood celebrities, aimed against the construction of SHPPs on Bosnian rivers, citing environmental concerns.
JULY 21, 2021 BY ANISA TOMIĆ
As part of EU approximation process, Bosnia and Herzegovina ('BiH') has taken the obligation to harmonise all of its legislation with the EU laws. Therefore, BiH is obliged to harmonise its legislation with the Acquis Communautaire, which includes the harmonisation of the Law on the Protection of Personal Data No. 49/06 ('the Law') with EU regulations in the field of personal data protection.
MAY 10, 2021 BY SLAVEN DIZDAR, HEAD OF REAL ESTATE AND ENERGY
Up until the adoption of the Laws on Property Rights in Republika Srpska (in 2008) and in the Federation of Bosnia & Herzegovina (in 2013), the only legal basis to obtain a construction permit and erect a lawful building was to first acquire ownership over the land on which the building is to be constructed, usually through a purchase agreement, as, according to the provisions of the applicable Laws of Physical Planning, as well as the general legal framework of Bosnia and Herzegovina, an investor must obtain construction rights over real property to obtain a construction permit for that property.
DECEMEBER 14, 2020 BY ANISA TOMIĆ AND BOJANA BOŠNJAK-LONDON
This country-specific Q&A provides an overview of pharmaceutical advertising laws and regulations applicable in Bosnia & Herzegovina.
Bojana Bošnjak-London and Anisa Tomić, partners at Marić & Co, have provided an overview of Pharmaceutical Advertising laws and regulations applicable in Bosnia & Herzegovina. The chapter provides information about the current issues affecting pharmaceutical advertising in Bosnia & Herzegovina and addresses topics such as self-regulation, press releases, gifts, samples, grants or donations, anti-bribery rules, regulatory authorities and courts, as well as insight and opinion on the most common issues in the country.
OCTOBER 23, 2020 BY BOJANA BOŠNJAK-LONDON
Although Bosnia & Herzegovina is relatively small, and despite the ongoing COVID-19 crisis, Bojana Bosnjak-London, Partner in the Corporate/M&A practice of Maric & Co in Sarajevo, reports that her team has been busy, noting that they were “lucky to land quite a few good deals.” Specifically, Bosnjak-London points to the agreement signed in April by Aluminij Industries d.o.o., the Bosnian subsidiary of Israel's M.T. Abraham Group, to restart production. According to her, with over 1,000 employees, Aluminij Industrie used to be among the most influential aluminum producers in the region, but production was shut down last year due to growing debt. The recent deal, Bosnjak-London reports, followed lengthy negotiations between M.T. Abraham and the government. “Things are now looking very good," she says. "Some of the employees have already been re-hired, and production is expected to start soon.”
AUGUST 17, 2020
Decision of the Constitutional Court of Bosnia and Herzegovina (BH), adopted upon the appellation of Marić & Co Law Firm, is of historical significance for taxpayers in Bosnia and Herzegovina and is a first step for changing the long-term injustice they were subjected to. At the same time, this decision represents a turning point in the relationship of the Office for Indirect Taxation (OIT) and taxpayers, but also of the Administrative Disputes Department of the Court of BH, which many times in the past accepted standpoints of the OIT as the supreme authority when it comes to tax issues.
MAY 9, 2020
The information provided in this document does not constitute legal advice; instead, the document is provided for general informational purposes only.