Mondaq Europe: Litigation, Mediation & Arbitration
Schoenherr Attorneys at Law
With courts worldwide shattering the common misconception that arbitration is intrinsically confidential, parties are left wondering: just how confidential is arbitration?
Elias Neocleous & Co LLC
In Cyprus, as in most jurisdictions, a defendant in litigation which fears that the claimant may be unable to satisfy costs orders made against it can apply to the court for a security for costs order.
Michael Kyprianou & Co LLC
Protection by means of preemptive defensive measures in litigation is an area of particular interest.
Van Bael & Bellis
They therefore requested that the investigations in relation to Alcogroup should be suspended. In its reply of 8 May 2015, the Commission rejected this request.
Mishcon de Reya
Despite all of the advantages of arbitration, many contracts default to the resolution of disputes by the English courts, even when both parties are based out of the jurisdiction.
Jones Day
Presented by Germany's Federal Ministry of Justice, the Draft Act, if ratified, would grant qualified institutions the right to bring class actions for groups of consumers in order to attain a declaratory judgment.
Ronan Daly Jermyn
As Mr Justice Keane recently stated in the High Court case of Brian Maxwell v Irish Life Assurance and others, there is no strict chronological or arithmetical answer to the question ....
Ronan Daly Jermyn
The Irish Supreme Court has greatly reduced a High Court order against law firm, LK Shields, to pay their former client, Rosbeg Partners,
Baker & Partners
General Mohammed Abacha, President of Nigeria from 1993 to 1998, stole millions of dollars of Nigerian public money when in power.
Erdem & Erdem Law
Moreover, it is considered to reduce costs that are incurred due to inconsistency.
Erdem & Erdem Law
The notion of Expert Opinion, which entered into our law through the Code of Civil Procedure, has been a frequently resorted to method of helping to resolve disputes by the parties in our judicial system...
Gun + Partners
The Law on Amendment to Tax Laws, Some Laws and Decree-Laws which brings amendments to RTUK Law no. 6112 was approved by the President, was published in the Official Gazette numbered 30373bis on March 27, 2018.
Gun + Partners
Arbitration analysis: Pelin Baysal and Bilge Kağan Çevik of Turkish law firm Gün + Partners discuss the relevance of costs when concluding an arbitration agreement where the parties have settled on institutional rather than ad hoc arbitration.
Gun + Partners
The Code of Civil Procedure (6100) regulates preliminary injunctions in Turkey. According to Article 389 of the code, courts may grant a preliminary injunction if:
Gun + Partners
It amended several laws, including the Commercial Code.
Herbert Smith Freehills
In a decision dated 24 April 2018, the English Commercial Court (the "Court") dismissed challenges brought under s67 and s32 of the English Arbitration Act 1996 (the "Act") by Dreymoor Fertilisers Overseas PTE Ltd.
Herbert Smith Freehills
In its recent decision in SCM Financial Overseas Ltd v Raga Establishment Ltd [2018] EWHC 1008 (Comm) (available here), the English High Court ...
Wright Hassall LLP
The recent case of Manchester Building Society v Grant Thornton 2018 is a striking example of the inability to recover certain losses from a professional adviser, even where their advice has been negligent.
Herbert Smith Freehills
In Warner Bros Feature Productions Pty Ltd v Kennedy Miller Mitchell Films Pty Ltd [2018] NSWCA 81, the New South Wales Court of Appeal overturned the decision of the New South Wales Supreme Court ...
Clyde & Co
The recent case of Anthony McGann v Michael Bisping [2017] EWHC 2951 received more column inches than most contractual disputes.
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Vannin Capital
It is also an unfortunate truth that litigation is now an accepted part of modern business.
4 New Square Chambers
In Stevensdrake v Stephen Hunt [2017] EWCA Civ 1173 (31 July 2017) the Court of Appeal considered the application of contractual principles to a Conditional Fee Agreement ("CFA")...
4 New Square Chambers
The Court considered that, as a matter of best practice in international commercial arbitration and as a matter of law, disclosure should have been made of the further references.
Clyde & Co
Master McCloud has held that documents "filed" on the court record which are read in court can be accessed by non-parties provided the non-party has a legitimate interest.
Abbatescianni Studio Legale e Tributario
The caveat emptor principle, that literally means let the buyer beware, has been followed for many years by the Courts of England. These simple words were an easy focus for judicial thought, a principle to be invoked when the going is difficult, a guide to be followed amid the baffling uncertainties of litigation.
4 New Square Chambers
As such, any defendant culpably responsible for any period of material exposure must pay 100% of the damages to the victim.
Clyde & Co
Holyrood has given the green light to new law bringing US-style "class actions" to Scotland for the first time.
Boga & Associates
Please set out the various regimes applicable to recognising and enforcing judgments in your jurisdiction and the names of the countries to which such special regimes apply.
Clyde & Co
Costs budgets cover costs to be incurred (not costs already incurred). PD3E para 7.6 provides that "Each party shall revise its budget in respect of future costs upwards or downwards...
4 New Square Chambers
Inevitably it will transpire that mistakes will have been made by professionals giving (often very expensive) guidance on GDPR compliance. Their clients will want to consider whether a claim...
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