Mondaq Europe: Litigation, Mediation & Arbitration
Arnold & Porter Kaye Scholer LLP
The German Bar Association's bimonthly magazine, BRAK-Mitteilungen, published Litigation partner Dr. Michael Weigel's article discussing model lawsuits for the declaration of claims.
KCG Partners Law Firm
The Hungarian Parliament adopted a new act on non-judicial civil proceedings on 12 October 2017.
KCG Partners Law Firm
According to the current provisions of the Code on the Civil Procedure, a private document shall, until proven otherwise, have full probative force, verifying that the issuer has in fact made the statement...
Arthur Cox
The Irish High Court recently refused to grant an injunction to prohibit legal proceedings in the United States...
Dillon Eustace
In a most welcome development, the Department of Expenditure and Reform has issued a Circular (17/2017 which is effective since 26 October 2017) which has the effect of obliging Government Departments...
Matheson
Straitened times have led to an increase in litigation before the courts involving lay litigants or litigants in person acting without formal legal representation.
Vannin Capital
There is Jersey case law which clearly shows that, in principle, commercial litigation funding is permitted.
Ogier
Ogier has advised NYSE-listed Kennedy-Wilson Holdings, Inc. on its recommended offer for Kennedy Wilson Europe Real Estate plc.
Erdem & Erdem Law
Expert evidence in international arbitration is a source of evidence widely used, both in terms of party-appointed experts and independent experts.
Prager Dreifuss
As a rule, attachment proceedings initiated by a creditor in Switzerland based on a court or arbitral decision are quite straightforward.
Erdem & Erdem Law
The effect of the principle of separability on determination of the law applicable to arbitration agreements was examined, and the doctrine and court opinions were summarized in the July, 2017...
Guzeloglu Attorneys-at-law
Importantly, it should be recalled that the one of the primary purposes of alternative dispute resolution methods is to provide parties a consensual atmosphere so that disputes ...
Guzeloglu Attorneys-at-law
In Turkish legislation, there are two relevant provisions in separate legislation regarding the annulment of arbitral awards, namely...
Moroğlu Arseven
The Turkish Constitutional Court recently considered calculation of judicial fines for bounced cheques. It decided to remove interest and court expenses from the calculation on the basis that this violates the constitutional principle that no crime or punishment should occur without law (Article 38). An individual's right to certainty and predictability is contained within this constitutional right.
Dentons
The risks for partnerships operating without a written partnership agreement in place are well known. A recent Court of Appeal case is a useful reminder that these risks can arise ...
Brodies LLP
Following the Supreme Court's decision that tribunal fees were unlawful, the government refund scheme for tribunal fees is now open for both claimants and respondents.
Thomas Cooper LLP
The Lord Chief Justice, Lord Thomas, has declared that "arbitration in the UK will not be affected by Brexit in any way".
Hogan Lovells International LLP
A note on the disclosure of documents in civil proceedings in England and Wales.
RadcliffesLeBrasseur
We look at a recent Court of Appeal decision in relation to GP partnership disputes.
Stewarts
The court has had the power to order that experts give evidence concurrently (also known as "hot-tubbing") since the amendment to the Practice Direction to CPR Part 35 in April 2013.
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Kolcuoglu Demirkan Kocakli Attorneys at Law
Türk Ticaret Kanunu (TTK) kapsamında acente, sözleşme ilişkisi dahilinde, belirli bir bölge içinde sürekli olarak ticari bir işletmeyi ilgilendiren sözleşmelerde aracılık etmeyi veya bunları tacir adına yapmayı meslek edinen kimse olarak tanımlanıyor. Doğası itibariyle acenteler, adına ve hesabına çalıştığı tedarikçinin müşteri portföyünün genişlemesi ve ürünlerinin/ hizmetlerinin y
Simcocks
Regardless of whether you are a Man Utd fan or not, Giggs has undoubtedly generated substantial wealth during his football career. It has been widely reported that he and his wife, Stacey, are divorcing.
Vannin Capital
Competition between jurisdictions in Asia keen to promote themselves as hubs for international arbitration is flourishing: Hong Kong and Singapore remain at the forefront, but other contenders...
Vannin Capital
In this edition of Who Wins, Where and Why?, I have the privilege to write about my adoptive home – Paris, France.
Vannin Capital
The consequences of getting litigation wrong are clear: the business is exposed to unnecessary and hazardous risk
Vannin Capital
Can third party litigation funding provide access to justice and put claimants in a stronger bargaining position? Are worries about loss of case control and regulation exaggerated?
Vannin Capital
While many of these claims are being brought by large commercial organisations (often with the support of third party litigation funders), there is now also the first application to bring a major collective damages...
Dentons
The Court of Appeal last week upheld jurisdiction over claims by Zambian citizens arising from discharges from a copper mine.
Thomas Cooper LLP
The amended Discount Rate applied to future losses in personal injury claims changed on 20 March 2017. The rate was amended from 2.5% to minus 0.75%.
Vannin Capital
The popularity of international arbitration in Paris has been established for decades.
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