Law

The Continuing Value of the Joint Session in ADR

By Leslie A. Berkoff, Moritt Hock & Hamroff LLP

Traditionally, most mediations began with a joint session and no lawyers were involved in the process. The joint session allowed the mediator to set the tone for, and explain, the process. Overtime, lawyers began to be retained by the parties and the process became a precursor to litigation or a stop along the path to the courthouse.

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Law

England and Wales: Might Ordering Security for Costs Breach Article 6 of the ECHR?

 By Peter Hornsey, Ward Hadaway

Where a defendant (‘D’) to an action suspects that a claimant will not, or cannot, pay the costs of the litigation in the event D successfully defends a claim, D may apply to the Court for an order for security for costs. When made, the order typically requires the claimant (‘C’) to pay money into the Court before the claim proceeds, in order to secure D’s position.

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Law

London, UK

The UK’s Tax Evasion Crackdown

By Ryan Lynch, Memery Crystal LLP

On 30 September 2017, broad new laws came into force in the UK which make businesses criminally liable where parties associated with them, such as employees and agents, facilitate tax evasion.

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Law

Angola approves its accession to the New York Convention

By José Alves do Carmo and Tiago Pereira Monteiro, AVM Advogados

The Republic of Angola approved its accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards by means of the publication of the National Assembly Resolution no. 38/2016 of 12 August 2016.

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Law

The Enforcement of Arbitration Clauses in Quebec, Canada

By Francis P. Donovan, Ravinsky Ryan Lemoine L.L.P.

The ever-mounting costs and delays associated with formal civil and commercial litigation are well known. More than ever, the parties involved in commercial disputes choose to resolve their differences by having recourse to dispute resolution mechanisms outside the judicial system, and most notably mediation and arbitration. Again, in many jurisdictions, the legislature has taken steps to facilitate and to encourage alternative dispute resolution.

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Law

The force of res iudicata of an unusual German decision involving a property case

By Laura A. Patti, Patti - Avvocati & Rechtsanwälte

A German judge holds that the jurisdiction does not belong to him (being an Italian judge the competent one) but, at the same time, incidentally decides upon one of the issues in the merits, contrary to the client’s interest. When suing in Italy, which part of the German decision is covered by force of res iudicata and, thus, binding for the Italian judge?

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Law

The Dutch Litigation Invitation

By Michiel Teekens, TeekensKarstens Advocaten Notarissen

When thinking of the Dutch, we often picture tulips, windmills, wooden shoes, bikes, endless canals, the occasional payment misunderstanding when “going Dutch” and perhaps the legal use of a certain popular addictive substance. However, the Dutch are also known for their devotion to remaining an important player in the field of international business, something which is rooted in their past.

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Law

Importance of determining the relevant body to take a lawsuit

By Francis P. Donovan and Jean-Philippe Bolduc, Ravinsky, Ryan, Lemoine, LLP

As part of a bailout provided by the Canadian government to General Motors during the 2008 financial crisis, over 200 GM dealerships were closed, with GM offering dealers compensation pursuant to Ontarian wind down agreements. A class action was filed in Ontario, alleging that the firm Cassels Brock and Blackwell LLP gave negligent legal advice to the dealers. Cassels Brock added 150 Canadian law firms, which had also given dealers advice pursuant to the agreements, as third party defendants.

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Law

Opportunities of a mediation within a civil procedure in Germany

By Dr Angelika Baumhof & Christian Pflaeger, Jakoby Dr Baumhof

Why go to court and transfer the case to a mediating judge? Does that make sense? The German Civil Procedure Code allows the parties to suspend the civil procedure and have the case transferred to a different judge who has undergone specific mediation training upon mutual agreement.

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