About The Firm Our Services Meet Our Team Our Clients News&Publications Contact
"Ninkovic Law Office has been providing high quality legal services to international and domestic clients since 1938."


News&Publications

Key recent deals and cases
Legal system of Serbia
Publications
   • Djurdje Ninkovic
   • Mirjana Ninkovic


Key recent deals and cases
  1. We have continued to provide advice in 2011 to major international clients particularly in relation to all requirements relating to setting up operations in Serbia; issues around franchise agreements; various labour law advice; general corporate advice; insurance law advice; IP infringement advice; and aviation law advice particularly relating to seizure of aircraft;
  2. In the first six months of 2011 we have had some notable litigation successes particularly in a major arbitration before the Arbitration Court of the Serbian Chamber of Commerce where we achieved a significant victory for a Serbian utility company. We also achieved a successful result in a trademark dispute before the Serbian Intellectual Property Office in relation to a dispute involving a significant international corporation;
  3. From May 2011 we have been providing advice to a major global pharmaceutical company on transparency requirements in Serbia;
  4. From the beginning of 2011 our lawyers have been acting for an international aviation training provider organisation advising on all relevant aspects of Serbian law. Our lawyers have also been providing significant tax law advice in connection to relevant activities in Serbia of the international organisation. Also, we have been providing relevant advice in relation to a major hydro electric power project in the Republic of Srpska in Bosnia, including in relation to FIDIC contract forms and various contract issues;
  5. From December 2010 we have been providing advice to a US based franchisor of women’s fitness centres regarding its master franchise agreement with Serbian based franchisees;
  6. From December 2010 we have been providing insurance policy coverage advice to an international insurance company in relation to a reinsurance contract with a Serbian insurer;
  7. In November 2010 we provided competition law advice to an international electronics distribution company in relation to their Servicing Agreement for Serbia to bring it into line with Serbian Competition Law;
  8. In October 2010 we were instructed by a European based low cost carrier to provide advice on the operation of the “Open Skies” agreement in Serbia and the proposal for opening up an operating base in Serbia;
  9. We have been providing advice to a UK based law firm in relation to an ICC Arbitration proceedings relating to the Serbian law interpretation of Aircraft Mortgage arrangements;
  10. From September 2010 we provided advice to a Serbian based game developer company of their stakeholder and stake transfer agreement in relation to an agreement with international investors;
  11. From July 2010 we have been providing advice to a multinational gaming company in relation to various issues relating to Serbian gaming laws;
  12. From July 2010 we have been providing advice to an EU based company with two subsidiaries in Serbia, on the transfer of its shares during the process of its sale;
  13. In June 2010 we were instructed to provide advice to a US based international financial institution on various aspects of custodianship laws of Serbia;
  14. From May 2010 we have been providing advice to a multinational healthcare products provider in relation to their distribution agreement with a local Serbian distributor;
  15. We have provided advice in May 2010 to a local Serbian subsidiary of an international optical lens manufacturer on its sales agreement entered into with a locally based joint stock company, on sale of its optical equipment;
  16. From April 2010 we have been providing advice on various antitrust issues and employment law issues arising from a merger of U.S. and U.K. companies both having subsidiaries in Serbia;
  17. In March 2010 we were instructed by a leading Serbian scientific institution to represent them in litigation before the Supreme Court of Serbia;
  18. From February 2010 we have been providing advice to a leading international manufacturer on Serbian rules and regulations governing product safety, categorisation of products and notification obligations;
  19. From November 2009 we have been advising an international manufacturing and distribution company on amending its local Serbian distribution agreements in order to bring them into line with the new Law on Protection of Competition;
  20. We provided various employment law advice to a Serbian subsidiary of a French company in late 2009 as well as advising a US company on relations with distributors and various corporate matters;
  21. A prominent Serbian cultural foundation instructed us in October 2009 to represent them in litigation before the Commercial Court and the Supreme Court of Serbia in relation to various property ownership disputes and issues;
  22. In October 2009 we provided advice on a regional development agreement, national development agreement and store operating agreement between an international and a Serbian company;
  23. In September 2009 we were engaged by a UK company to represent them in an application to set aside a purchase agreement;
  24. We were engaged by a major Serbian company in August 2009 to represent them before the Commercial Court in Belgrade to defend an application to set aside an Arbitration Award in favour of the company;
  25. In August 2009 we provided advice on the use of corporate credit cards issued by banks outside of Serbia and issues such as security for payments;
  26. We were instructed by the Belgrade office of a major international corporation in July 2009 to review and revise their global privacy policy taking into account Serbian privacy laws and data protection issues;
  27. We were engaged to carry out all corporate work for Serbian subsidiaries of a major international supermarket group in June 2009;
  28. In June 2009 we provided advice to a major US corporation on Serbian advertising laws;
  29. From May 2009 we have been providing advice to a leading international on-line betting company on various issues in relation to on-line gambling over the internet and other Serbian gambling law issues;
  30. In March 2009 we were instructed to provide advice to a leading US financial management company on custodianship laws in Serbia with respect to protection of investments of the institutions clients in Serbia;
  31. In March 2009 we were instructed by a leading consultancy firm based in the UK to provide comprehensive advice and representation in setting up their subsidiary company in Belgrade;
  32. In February 2009 we were instructed to draft a purchase agreement between a Hungarian arm of an international manufacturer and distributor of health care products and Serbia’s largest retail chain;
  33. We have been providing advice since December 2008 to the US arm of one of the largest international banks on custodianship laws of Serbia in respect of protection of investments of the bank’s clients into Serbia, and in order to comply with the rules set down by the US Securities and Exchange Commission;
  34. Since December 2008 we have been providing advice to a leading aircraft leasing company based in Ireland on issues concerning validity of aircraft mortgages in Serbia;
  35. We have been providing advice and representation to an airline based in Dubai in respect of a multi-million dollar dispute with a Serbian based MRO since November 2008;
  36. Since September 2008 we have been providing complex competition law advice to a major international law firm in relation to a complex break-up bid with splitting of assets in different jurisdictions;
  37. In August 2008 we were instructed to prepare a sponsorship agreement between an international consumer goods manufacturer and the Serbian company organising the 25th Universiade (World University Games) to be held in Belgrade in July 2009;
  38. We were instructed to provide complex advice on data protection issues regarding storing and using occupational health records and personal data including the transfer of data abroad and required consents and reporting requirements. We were instructed by an international law firm in July 2008 to provide the advice to an international science-based products and services company;
  39. In July 2008 we were instructed by a Japanese law firm to provide competition law advice to a Japanese car manufacturer regarding its distribution agreement with a local Serbian distributor;
  40. Since June 2008 we have been providing advice and representation in an action for the recovery of a debt owed to an international corporation by a Serbian company undergoing restructuring within the process of privatisation. We are providing advice and representation to the international company in challenging the actions of the Serbian Privatisation Agency;
  41. Since April 2008 we have been representing a global association of market research companies in a major trade mark dispute before the Serbian Intellectual Property Agency;
  42. In April 2008 we were instructed to provide comprehensive advice to an international mobile phone manufacturer and distributor in relation to its local Serbian subsidiary company;
  43. We were instructed by a French law firm to provide advice to one of France’s largest supermarket groups on the potential transfer of a large inter-company loan in April 2008. The advice included consideration of tax, loan and corporate matters affecting the Serbian subsidiary company;
  44. In March 2008 we were instructed by an international on-line sports betting company to provide advice in relation to on-line betting and gambling in Serbia and specifically dealing with accepting on-line bets from Serbia, advertising of such activities, sponsorship of gaming activities and conditions for establishing a Serbian subsidiary including comprehensive advice on tax issues;
  45. We were instructed in March 2008 to provide advice and prepare and submit an application for an individual exemption from the Serbian Competition Commission on behalf of a UK based toy distribution chain of shops entering into an international development agreement with a local Serbian company;
  46. In February 2008 we were instructed to provide advice and representation to the exclusive Serbian distributor of products from the largest media and entertainment corporation in the world. We submitted an application for an individual exemption to the Serbian Competition Commission, which was granted in June 2008;
  47. Since the beginning of 2008 we have been handling a number of major litigation matters before the Commercial Court in Belgrade and also before the Foreign Trade Arbitration Court of the Chamber of Commerce of Serbia representing international clients.;
  48. In January 2008 we provided advice to a consultancy firm on various employment law issues regarding foreign citizens working in Serbia and revised their template Consultancy Services Agreement for Serbia;
  49. In January 2008 we provided advice to a major French designer and manufacturer of corrective lenses on price regulations in Serbia and on their General Commercial Terms and Conditions of Sale;
  50. In December 2007 we advised a global consultancy firm on setting up their operations in Serbia and provided advice on all aspects of their proposed operations;
  51. We prepared a comprehensive legal opinion on various complex issues of Serbian law and rules on conflict of laws for submission before the London Court of International Arbitration on behalf of our client, in November 2007;
  52. In November 2007 we prepared a final due diligence report for the potential purchaser of the second largest insurance company in Serbia. We worked in tandem with a consortium of major international banks and financial consultants representing a major international insurance company;
  53. We initiated proceedings before the Belgrade Commercial Court in October 2007 on behalf of a global pharmaceutical company for the recovery of a substantial debt from a former distributor in Serbia;
  54. In September 2007 we commenced proceedings for obtaining a radio station licence in Serbia on behalf of a major international telecommunications company;
  55. In August 2007 the Competition Commission in Belgrade granted an individual exemption to a major international retail company. We represented the retail client in seeking an individual exemption from the prohibition on restriction of competition for its Serbian operations. This was a landmark decision and it was the first such decision of the Competition Commission granting such an exemption;
  56. In July and August 2007 we provided advice to a major international manufacturer and distributor of healthcare products regarding Serbian advertising law ensuring their company advertisements fell within Serbian advertising standards;
  57. We advised a global pharmaceutical company on its e-messaging policy in accordance with Serbian law in July 2007;
  58. In July the UNCITRAL Arbitration in Zurich upheld the claim of our client, a major Serbian Oil company, and made an award of damages and for the termination of a contract due to the delivery of defective equipment;
  59. In June 2007 we provided advice to a global media company in relation to an employment law dispute and prepared a compromise agreement;
  60. In June 2007 we were instructed by the second largest Serbian public company to represent them in an arbitration proceeding before the International Arbitration Court in Belgrade;
  61. In May 2007 we were instructed to provide Serbian law advice to a major international bank relating to leasing of commercial aircraft to a Serbian airline;
  62. We were instructed in May 2007 to provide advice to a major US aircraft manufacturer on participation in the public procurement process in Serbia;
  63. In April 2007 we were also instructed to advise a UK based clothing and goods retailer for mums-to-be, babies and pre-school children on the drafting of a development agreement in conformity with Serbian law and in particular with Serbian competition law;
  64. In April 2007 we were instructed to represent and advise a major UK coffee shop retailer in the preparation of an international development agreement in conformity with Serbian competition law and we prepared and drafted an application to the Serbian Competition Commission seeking an individual exemption on behalf of our client;
  65. We have provided advice on the drafting of an international management agreement on behalf of a major international hotel chain and are assisting them in negotiations with a local Serbian company since April 2007;
  66. In March 2007 we advised a leading global communications company on the export and import of dual purpose equipment, including software and technology;
  67. In March 2007 we received instructions to review and provide advice on a draft distribution agreement and the accompanying surety agreement and guarantee on behalf of a French subsidiary of a major international office furniture design and manufacturing company;
  68. In February 2007 we provided advice to a major French designer and manufacturer of corrective lenses on the conditions for carrying on retail of medical equipment in Serbia;
  69. We have also been providing tax law advice relating to tax obligations arising from services rendered in Serbia to a global consulting firm;
  70. Since January 2007 we have been providing employment law advice to the local Serbian office of a global pharmaceutical company;
  71. In November 2006 Djurdje Ninkovic was appointed by the Government of Serbia to the Commission drafting the new Serbian Civil Code. It is expected the Commission will produce a draft of the revised Civil Code within 24 months which will then be considered by the Government before being put before Parliament for adoption into law;
  72. In October 2006 we were instructed by a consortium of banks and financial consultants representing a major international insurance company to carry out "due dilligence" on the second largest insurance company in Serbia in the course of its privatisation;
  73. We were engaged by a major international hotel chain in October 2006. to obtain injunctive relief preventing use of their brand name in breach of a licence agreement which had been in place with a leading Belgrade hotel;
  74. In September 2006 we carried out a "due dilligence" review of a medium size, private Serbian insurance company on behalf of a potential buyer;
  75. We set up an outsourcing operation in Serbia for a major international IT company in August 2006;
  76. In May 2006 we were instructed to provide advice on the dry lease of two commercial aircraft from an international financial institution to a Serbian regional airline;
  77. We are advising a major French optical manufacturing company on setting up their local operations and providing advice on all aspects of their proposed operations in Serbia;
  78. In 2006 we have been instructed in three separate arbitration proceedings to represent the interests of major Serbian companies, both as defendant and plaintiff, in complex proceedings under the Arbitration Rules of the International Chamber of Commerce (ICC) in Switzerland;
  79. We successfully advised and represented the seller of a major Serbian brewery, working in conjunction with an international law firm, in a deal worth more than EUR 500m.
  80. We represented and advised a Serbian oil company in successful negotiations over a complex commercial contract and a large debt in a case worth over US$250m.
  81. We advised and assisted a Serbian industrialist from Britain on re-locating his manufacturing base from Britain to Serbia.
  82. We have represented one of the largest European supermarket chains in setting up their network of stores throughout Serbia.
  83. We advised an international hotel chain on resuming their operations in Serbia and re-negotiations of the licencing agreements.

^ to top | print page


Legal system of Serbia

The legal system of Serbia is based on the principles of Roman law and continental civil law. Legal practitioners in Serbia are known as advocates (advokat) and must be members of the Serbian Bar council. Serbia has civil courts of general competence and specialist commercial courts. The courts of general competence have three levels:
  1. Municipal Court;
  2. District Court ; and
  3. The Supreme Court.
The commercial courts have two levels:
  1. Commercial Court; and
  2. Higher Commercial Court.
Commercial contracts entered into in Serbia where at least one contracting party is a foreign legal or natural person may incorporate arbitration clauses invoking the jurisdiction of the Foreign Trade Arbitration of the Serbian Chamber of Commerce or any other foreign institutional arbitration bodies, including ad hoc arbitrations. Serbia is a signatory of the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards.

Parties to a contract are free to decide which substantive law shall govern the contract and the law of Serbia does not have to be governing law of a contract entered into in Serbia.

The most important laws and regulations regarding investment in Serbia, and those governing business activities and dealings of foreign companies in Serbia include:

  1. Foreign Investment Law;
  2. Law on Foreign Trade;
  3. Law on Foreign Exchange Operations;
  4. Law on Markets of Securities and other Financial Instruments;
  5. Company Law;
  6. Law on Registration of Commercial Entities;
  7. Law on Banks and Other Financial Institutions;
  8. Regulations on Conditions for Establishing and Operation of Foreign Representative Offices in Serbia;
  9. Law on Financial Leasing;
  10. Law on Concessions; and
  11. Law on Privatisation.
The above laws set out the basic rules foreign companies must comply with if they wish to establish subsidiaries in Serbia, invest in local companies, open representative offices in Serbia, enter into agency agreements for representation by local companies, acquire concessions for the exploitation of natural resources and participate in the privatisation process in Serbia.

If you would like further information on any of the above laws and regulations or the legal system of Serbia please contact Ninkovic Law Office.

^ to top | print page



Publications


• Djurdje Ninkovic

  1. Rehabilitation of political prisoners in Serbia pursuant to the 2006 Law of Rehabilitation, The Serbian Society Informer, London, UK, March 2008
  2. Some questions regarding the application of the United Nations Convention On Contracts For The International Sale Of Goods arising from recent practice within international arbitration, published in the Journal of the International Trade Court of Arbitration in Belgrade, Serbia, March 2008 (with Olga Serb-Gretic as co-author).
  3. The Rights of Owners of confiscated property, conference paper for the Mt. Kopaonik School of Natural Law, 20th Anniversary Conference "Law and Freedom", December 2007, Kopaonik, Serbia (with Predrag Dejanovic as co-author)..
  4. Overview of the draft Law of Denationalisation in Serbia, The Serbian Society Informer, London, UK, November 2007 (republished in propertyexpat.org and serbiancouncil.org.uk)
  5. The Law on Rehabilitation, Poligraf, www.B92.net, November 2005.
  6. Rehabilitation theory and the proposed Draft Law on Rehabilitation, Pravni Informator Legal Journal (Serbia), No.3, March 2004.
  7. Legal Practice in the EU: Finland, pp.25-31, Branic Journal of Legal Theory & Practice of the Bar Council of Serbia, No.2, 2004.
  8. Legal Practice, Privatisation & Denationalisation, pp 29-37, Branic Journal of Legal Theory & Practice of the Bar Council of Serbia, No.1, 2003.
  9. Denationalisation and Protection of Private Property, pp.217-235, Pravni Zivot Journal of Legal Theory and Practice (Serbia), Volume II, 10/2002.
  10. Political Will for an Independent Judiciary does exist in Serbia, Legal Supplement, Danas Newspaper (Serbia), 18 January 2002.
  11. Legal Reforms: The Council for oversight and reform of Courts, NIN Weekly Magazine (Serbia), 1 February 2001.
  12. Recent Legislation in Serbia: An Overview, pp.16-21, The South Slav Journal (United Kingdom), Vol. 20, No. 1-2 Summer 1999.
  13. The Stock Exchange Law in Serbia - an update, Investor’s Journal of Legislative IMPACT – Regulation & Policy Developments in Emerging Markets, UK, 1998.
  14. Privatisation in Serbia, pp 40-43, The South Slav Journal (UK), Vol. 19, No. 1-2 Summer 1998.
  15. The Commodity Exchange in Yugoslavia, Investor’s Journal of Legislative IMPACT – Regulation & Policy Developments in Emerging Markets, UK, 1998.
  16. Montenegro – A New Offshore Jurisdiction, British South Slav States Law Association Newsletter, Autumn 1997.
  17. Privatisation in Serbia, Investor’s Journal of Legislative IMPACT – Regulation & Policy Developments in Emerging Markets, UK, 1997.
  18. The Stock Exchange Law Overview, Investor’s Journal of Legislative IMPACT – Regulation & Policy Developments in Emerging Markets, UK, 1997.
  19. The Law of Contracts in Yugoslavia, Investor’s Journal of Legislative IMPACT – Regulation & Policy Developments in Emerging Markets, UK, 1997.
  20. Trade Regulations and Company Law in Yugoslavia, British South Slav States Law Association Newsletter, Autumn 1996.
  21. Focus on the Former Yugoslav Republic of Macedonia: recent legal developments, European Current Law (UK), Monthly Digest, February 1996.
  22. Focus on the Federal Republic of Yugoslavia: recent legal developments, European Current Law (UK), Monthly Digest, October 1995.


^ to top | print page


• Mirjana Ninkovic

"Report on the AIPPI EXCO meeting in September 2005", Glasnik Intelektualne Svojine Srbije i Crne Gore No.5 2005 (Serbia).


^ to top | print page

Our Tradition Site map Disclaimer Links to useful sites Graphical version


address: Balkanska 49, 11000 Beograd, Serbia
telephone: +381 (0) 11 7617188 | facsimile: +381 (0) 11 7613832
e-mail: legal@ninkovic.rs