Litigation Law, Mediation Law and Arbitration Law

Subscribe
Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Raising The Bar: Irish Supreme Court Confirms “strong Case” Test For Pre-trial Stays Of Regulatory Decisions
Ireland's Supreme Court has established a significantly higher threshold for obtaining interim stays on regulatory decisions that affect broad public interests. Companies challenging decisions by bodies like the Data Protection Commission must now demonstrate a "strong case" likely to succeed at trial, rather than merely an "arguable case," before courts will even consider granting temporary relief.
Ireland Litigation
M
Matheson
Article
Decree 2026-741: France Takes First Step In Modernizing Arbitration Law
France has enacted its first substantive reform of arbitration law since 2011 through Decree No. 2026-741, introducing targeted modernizations to enhance its position as a leading arbitration hub. The amendments introduce a duty of proportionality, expand judicial support powers, establish standalone recognition proceedings, and modernize procedural rules including electronic awards and streamlined challenge procedures. These changes represent the initial phase of a three-stage reform process that will ulti
France Litigation
JD
Jones Day
See more
Article
The SLAPP Bill 2026 – New Procedural Safeguards For Defendants
Ireland's new Strategic Lawsuits Against Public Participation Bill 2026 introduces comprehensive protections against abusive litigation designed to silence journalists, activists, and citizens exercising their right to public participation. The legislation empowers courts to swiftly dismiss meritless claims, impose costs and damages on plaintiffs, and provides mechanisms to address cross-border SLAPP proceedings.
Ireland Litigation
M
Matheson
See more
Article
Private Prior Use In Germany And Patent Infringement In The UK: UPC Court Of Appeal Applies National Law
The UPC Court of Appeal's decision in Kodak v. Fujifilm demonstrates how multi-jurisdictional legal teams must navigate complex patent infringement cases involving private prior use defenses under German law and importation rules under UK law. This landmark case reveals critical principles for establishing private prior use rights and the evidentiary requirements needed to prove commercial intent before patent priority dates.
Worldwide IP
AO
A&O Shearman
See more
Article
Protection Of Adults In Situations Of Vulnerability | Part 3: From Guardianship To Personal Autonomy
Malta's 2026 reforms replace the traditional guardianship framework with a modern system of personal autonomy safeguards and support persons. How does this legislative transformation balance the protection of vulnerable adults with respect for individual autonomy, and what mechanisms ensure that support arrangements remain proportionate to each person's circumstances?
Malta Litigation
MT
Mamo TCV Advocates
Article
Legal Letter, Judicial Letter Or Article 166A Letter? Understanding The Difference
Maltese legal practice employs three distinct instruments—legal letters, judicial letters, and sworn judicial letters under Article 166A—each serving different purposes and producing different legal effects. Understanding when to use each instrument requires careful assessment of the claim's nature, value, and whether formal court proceedings or executive enforcement is necessary. The choice between these tools can determine whether a creditor obtains an executive title without litigation or mus
Malta Litigation
FF
FFF Legal
See more
Article
Shareholder Privilege Rule No Longer Automatically Applies In Ireland
The Irish High Court has ruled that shareholders no longer have an automatic right to access a company's privileged legal advice, abolishing the shareholder rule that previously allowed such disclosure. This landmark decision aligns Irish law with recent developments in England, Wales, and Bermuda, fundamentally reshaping the relationship between corporate privilege and shareholder information rights.
Ireland Litigation
M
Matheson
Article
New Developments In Norwich Pharmacal Jurisdiction
The Irish High Court has expanded the scope of Norwich Pharmacal Orders beyond traditional litigation contexts, ruling that RTÉ must disclose unedited undercover footage from nursing homes to support a regulatory investigation. This landmark decision addresses critical questions about when courts can compel third parties to provide information, the boundaries of journalistic material disclosure, and how privacy rights balance against urgent public interest in regulatory enforcement.
Ireland Litigation
WF
William Fry
Article
Disclosure And Discovery: Comparing The Law Of The United States (Common Law System) And The Netherlands (Civil Law System)
The Dutch and American legal systems differ fundamentally in their approach to evidence gathering, with the United States employing an extensive pre-trial discovery process designed to ensure maximum transparency, while the Netherlands relies on a more limited system centered on parties' duty of truthfulness. This comparative analysis explores how these contrasting procedural frameworks shape litigation strategy, witness examination, and the overall conduct of civil proceedings in cross-border disputes.
Netherlands Litigation
BT
Barnes & Thornburg LLP
See more