By Leslie A. Berkoff, Moritt Hock & Hamroff LLP
The US Supreme Court has granted certiorari in Coinbase Inc. v. Bielski, No. 22-105 to resolve a federal circuit split as to whether the appeal of a denial of a motion to compel arbitration mandates that the district court stay the underlying litigation pending the appeal, or permits the district court to decide on an individual case-by-case basis whether to place the proceedings on hold.
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By Melissa Munday & Nichola Evans, Ward Hadaway
New rules were recently introduced to the courts of England and Wales which have affected how witnesses give evidence pursuant to Practice Direction 57AC to the Civil Procedure Rules. These Rules have now been in effect for a little over 12 months so we now have some guidance on how the Rules should be interpreted. There has been a fundamental shift in how lay witness evidence is given. The reforms were driven by a desire to end witness statements which contained barely relevant background material, partisan argument, or where a witness statement had been through so many drafts, it raised concerns as to whether the evidence being given was the witness's actual recollection of events.
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By Michiel Teekens, TeekensKarstens advocaten notarissen
Based on the EU-UK Withdrawal Agreement, British judgments in civil and commercial matters that were brought before the English court on or before 31 December 2020 can still be directly enforced in the Netherlands. However, the Brexit deal does not regulate the enforcement of British judgments in the Netherlands in cases that have been or will be brought before the court on or after 01 January 2021. During the Brexit negotiations the UK became member of the 2005 Convention on Choice of Court Agreements, which applies to most civil and commercial agreements, with a choice of forum clause concluded on or after 01 April 2019 between professional parties.
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By Mariagiulia Signori & Cecilia Trevisi, COMMA 10
Technological progress has impacted on the idea of an individual's assets. In addition to traditional assets (land, buildings, registered assets, jewellery, etc.), there are now new digital assets to be considered: domain names, access keys for e-commerce platforms, usernames, social accounts, email, software, e- books, music, computer documents, photos, videos, virtual art, crypto assets, and NFT.
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By Dylan S. Fisher, Pallet Valo LLP
Many parties enter in agreements requiring that disputes be determined by binding arbitration. Additionally, some parties may voluntarily choose arbitration at a later time instead of pursuing a dispute through the court system. While arbitration is generally considered to be quicker and less expensive than litigation, this is not always the case. In any event, obtaining a favourable arbitral award is often not the end of the process.
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By Ksenia Deeva, Nektorov, Saveliev & Partners
When international restrictions and sanctions are imposed on one nation by others in the global marketplace, it can be difficult or impossible for businesses and manufacturers to fulfil some obligations.
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By Ilgın Yazici and Didem Sönmez, Financial Axis Independent Audit & Consulting Inc
The legal environment in Turkey has progressed in an investorfriendly fashion in recent years and alternative methods have been adopted for commercial disputes. Litigation is the most commonly used method for the settlement of disputes in Turkey. Civil litigation proceedings are conducted before the courts and disputes are generally handled by expert judges. The Code of Civil Procedure is the main legal regulation and, after making an ex offcio assessment, the court decides according to its discretion.
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By Nichola Evans and Melissa Munday, Ward Hadaway
Commercial entities frequently seek to incorporate their T&Cs into B2B contracts by reference to webpages. However, the recent High Court decision, Blu-Sky Solutions Ltd v Be Caring Ltd [2021], has highlighted the potential pitfalls of this approach and demonstrates English courts will intervene even in B2B contracts if they consider that onerous clauses are not reasonably brought to the attention of the other party.
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By Melina Karaolina, M. ELIADES & PARTNERS LLC
John F. Kennedy said: “Let us never negotiate out of fear; but let us never fear to negotiate.” It is true that negotiations can be challenging in any given situation, but the fact of the matter is that all of us, every day, under many different circumstances, both in our personal lives and in business, have to negotiate. Studies show that children from as early as the age of 3 start to negotiate when they wish to engage in play with their peers.
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By Pierre Yves Rossignol, Herald
In industry, there are many cases in which a manufacturer must take action against the supplier of a defective part incorporated in their main product. Just think of the relatively frequent cases in the automotive industry where the manufacturer of an electric vehicle has to seek recourse from the producer of electric batteries that catch fire (“Plug-in hybrids: Volkswagen Group recalls 118,000 cars.” Autoplus – www.autoplus.fr. 04 April, 2022).
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