By John T. Alfonsi, Cendrowski Corporate Advisors
Economic damages experts often assume liability, i.e. that the defendant’s alleged wrongful conduct, in fact, occurred. Causation of injury is a legal issue that is addressed by the plaintiff’s legal counsel. Causation of damages, however, is an issue the damages expert must address in their determination of damages to lend credibility to their opinion or prevent their testimony from being excluded.
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By Dr Karl Friedrich Dumoulin, FPS
In Germany, the number of hearings in civil proceedings by way of video and audio transmission (Section 128a of the German Code of Civil Procedure) has increased considerably since the start of the pandemic. The judicial administrations of the Federal States (Länder) are moving to equip the courts accordingly in terms of technology.
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By Dr Jirí Novák, Brož & Sokol & Novák s.r.o.
A year ago, I noted that it would only take two more pandemics to switch the majority of court hearings to the online world. Today, it appears, it will only take a wave or two of the current pandemic.
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By Marzanna Sobaniec, Penteris
We have all seen seismic changes in the sector this past year. In 2020, McKinsey estimated that 23% of the work done by lawyers can be automated using current technology. In light of COVID, many EU countries have passed laws allowing video-conferencing in the regular operation of its courts. Likewise, in Poland, where the pandemic has accelerated the move to “online”, this has been a blessing in disguise.
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By Roman Makarov, Nektorov, Saveliev & Partners
In the COVID-19 crisis, business is looking for a way to overcome the diffcult situation, and investors are looking for target companies that are being sold at an attractive price. The value of money is historically low. Investors understand that the time for opportunities has come.
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By Sharon Delaney, Beauchamps
The Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 (the Act), makes several welcome changes to practice and procedure in civil litigation. The Act, the majority of which commenced in August 2020, has significant practical implications for civil litigation, particularly in relation to the admission of business records in civil proceedings.
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By Katheleen A. Ehrhart, Freeborn & Peters LLP
Many litigators never dreamed they would ever find themselves cross examining a key witness through their computer screen or making a closing argument to a lineup of small Zoom boxes showing the faces of the triers of fact. Yet, now a full year into the global pandemic, many litigators find themselves doing exactly that. While clients and counsel are agreeing to virtual proceedings out of necessity to keep their cases moving forward, when current restrictions in many jurisdictions make in-person proceedings an unviable option, as counsel begin to navigate the differences between virtual platforms and in person proceedings, the question becomes do virtual arbitrations present certain benefits that might lead to their increased use even when in person proceedings begin regularly occurring again.
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By Michiel Teekens, TeekensKarstens advocaten notarissen
The Netherlands Commercial Court (NCC), created on 01 January 2019 and part of the Amsterdam court, is a forum choice court that deals with international commercial disputes. Proceedings and judgments are in English, foreign law can apply to the dispute, and foreign counsels can actively participate. The fee structure is in principle lower compared to arbitration and many jurisdictions allow foreign civil judgments to be recognised and enforced. Recent international developments, such as the creation of the Convention of 02 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, strengthen the concept of extraterritorial enforcement of foreign judgments.
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By Leslie A. Berkoff, Moritt Hock & Hamroff LLP
Learning to adapt to remote mediation/arbitration has become a necessity for those in the dispute resolution (DR) field at the present time. Until such time as traditional face-to-face meetings return, it is important for neutrals and counsel participating in this arena to become well versed in the online formats. Here are a few key constructs that practitioners should focus on in particular.
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By Liam A. Entwistle, Wright, Johnston & Mackenzie LLP
Article 28 of the London Court of International Arbitration (LCIA) 2014 Rules sets out the rules the Tribunal should follow when awarding costs. The main principle is the general one that costs should reflect the parties’ relative success and failure in the award. Preparation for the expenses outcome at the LCIA should be something that is taken into account at the earliest stages.
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