When selecting the type of security the court takes into account the interests of both parties to the proceedings, so that the holder of a right is assured appropriate legal protection and the obliged party is not disproportionately encumbered. Generally, security cannot be intended to satisfy the claim.
The court considers the application for security within the limits of that application, taking as the basis for its decision the materials collected in the case. If it is determined that the application does not satisfy formal requirements, the chairman sends back the application without summonsing the applicant to introduce amendments.
The court may make enforcement of a decision to grant the security contingent upon payment of a deposit to secure any possible claims of the obliged party.
It often happens that the plans for a project are modified after a decision on environmental conditions is issued but before issuance of a permit for the project itself (e.g. the building permit). Is it necessary to amend the environmental decision?
read furtherWhen a company has been issued an environmental permit, e.g. to release particles into the atmosphere, may it freely assign its rights under the permit?
read furtherInterest in arbitration is growing, due to its effectiveness, professionalism, confidentiality and speed—particularly important benefits for businesses. But the parties do not always take full advantage of the possibilities.
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