Basic principles of third-party funding Over the past 30 years, third-party dispute funding has experienced an exponential growth in civil and common law jurisdictions. As the common law doctrines of maintenance and champerty were softened or even abolished (most often in the context of international arbitration proceedings), third-party funding became a viable option for companies …
A key distinction between US and non-US litigation is the liberal discovery available to parties in the United States. However, non-US litigants have a powerful tool that can provide the benefit of US discovery rules to obtain broad discovery for use in proceedings abroad. United States Statute 28 USC §1782 empowers a district court to …
Turkey markets itself as an arbitration friendly country and, as parliamentary reports indicate, this is premised on its goal to foster foreign trade. However, its courts do not always practise what the state preaches and it may become quite burdensome and costly to try to enforce foreign arbitral awards.
As referred to in its case law, the European Court of Human Rights has imposed an obligation on states to provide a mechanism to prevent or remedy excessive length of judicial proceedings. Also, in several resolutions, the Council of Europe’s Committee of Ministers has stated that ‘excessive delays in the administration of justice constitute an …
Continue reading “Civil court delays: assessing new remedies to speed up Romanian disputes”
The main methods of resolving commercial disputes in Mexico are: ordinary commercial trial, executive commercial trial, special proceedings, oral commercial trial, bankruptcy proceedings (concurso mercantil), arbitration, and mediation.
Since 2018, Hungary has a new act on civil court procedures (Act CXXX of 2017 – the Act) which has brought about significant reforms after 50 years. The reforms were aimed at healing previous shortcomings, such as lengthy and tedious procedures, and making court cases concise, yet professional in quite a tight structure. As almost …
The Indian legislature has in the last few years been at pains to promote India as a hub for international arbitration. The first step in that direction was the promulgation of the Arbitration and Conciliation (Amendment) Act 2015 (2015 Amendment), which was aimed at reducing the interference of courts in arbitration proceedings.
CMS’s John O’Connor and Harkee Wilson discuss the challenges and issues businesses face operating in the UAE and investigate some of the recent changes in the business environment.
As business has become increasingly global, the selection of an appropriate choice of governing law and jurisdiction to determine disputes arising from commercial contracts is of growing importance. It is an issue which can, and often does, significantly affect the outcome of the legal process. Dillon Eustace’s head of litigation, Kieran Cowhey, and partner John …
Continue reading “Forum shopping? The case for litigating in Ireland”
Behnam Khatami, Hooman Sabeti and Amir Mirtaheri of Sabeti & Khatami discuss the opportunities and challenges of the Iranian market.
Shareholders’ disputes, in some cases, are like a divorce. Business partners work for years together, and eventually build up a successful business empire, only to find that it is time to go separate ways. In the unfortunate event that the break-up is painful and shareholders have to proceed with unfair prejudice proceedings, what would be …
Continue reading “Valuation of shares in unfair prejudice proceedings”
The principles that preside over employees inventions in France are well defined by the law. Indeed, article L611-8 of the French Intellectual Property Code (IPC) clearly defines the rules of ownership of invention and remuneration, for various situations, which differ depending on whether the employee has an inventive mission or not.