Tirana, Albania

The Long-Awaited Law on Arbitration Is Almost Here!

By Nensi Seferi, Gjika & Associates Attorneys at Law

Arbitration in the Republic of Albanian has been part of the domestic legal system since the adoption of the Code of Civil Procedure in 1996. However, such a dispute resolution instrument, maybe due to a post-communist Albania, never become popular.

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Sydney, Australia

The Changing Landscape of Class-Action Litigation Funding in Australia

By Andrew Lacey and Benjamin Brady, McCabe Curwood

Since the landmark Money Max decision of 2016, Common Fund Orders, which oblige all group members in a class action to pay a proportionate share of a litigation funder’s commission out of the proceeds of a judgment or settlement, have helped nurture a thriving class-action regime and litigationfunding industry in Australia.

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Cape Town, South Africa

The Pursuit of Social Justice in the South African Common Law of Contract

By Cornelia van Heerden, Heyns and Partners Inc

South Africa has a mixed or hybrid uncodified legal system. It comprises of various legal traditions, including a civil law system informed by Roman-Dutch law; a distinct influence from the English common law system; and a customary law system inherited from the indigenous African population. All these systems are interconnected, and are subject to the Constitution of South Africa, as the Constitution “is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled”. Therefore, our amalgamated legal framework operates in unison, restricted only by the confinements of the Constitution.

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Antwerp, Belgium

BELGIUM: Non-Possessory Pledge and the Electronic Pledge Register: An Efficient Remedy Against Default in Payment Due to COVID-19. A Device from Roman Law for Today’s Needs?

By Greet Slegers, Konsilanto CVBA

During the COVID-19 crisis, business is encouraged despite all difficulties. The first quarantine was handled without too many problems in most sectors. With some improvisation, business continued; except, of course, for those hard-hit sectors such as restaurant business. But, with Belgium facing a possible new quarantine, many entrepreneurs are now asking questions of a more strategic nature.

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Oil platforms in gulf of mexico

Deepwater Horizon Litigation: Class Action Jurisdiction?

By Michiel Teekens, TeekensKarstens advocaten notarissen

The Deepwater Horizon drilling-rig explosion caused the largest marine oil spill in the history of the petroleum industry. The oil spill that began in the Gulf of Mexico covered over 110,000 square kilometres of the ocean surface and reached over 2,000 kilometres of shoreline. Besides the personal tragedy, the oil spill caused devastating short- and long-term environmental effects. The Deepwater Horizon rig was leased by BP, which was confronted with various class action lawsuits and investigations.

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Milan, Italy

Protection of Undisclosed Know-How and Business Information (Trade Secrets)

By Dr Mariagiulia Signori and Dr Cecilia Trevisi, COMMA 10

The Trade Secrets Directive 2016/943/ EU (the Directive), converted to law in Italy by Legislative Decree No. 63/2018, includes information among entrepreneurial resources. Directive 2016/943 provides an additional protection to trade secrets over and above the protection offered by patents within the context of the “fourth industrial revolution”, which brought about the creation of new business models involving the use of financial resources for innovation purposes. The direct consequence of this is that research is encouraged, and companies, regardless of their size, increase their commercial competitiveness.

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Moscow, Russia

Russia’s Legal System: Better Than Its Reputation

By Ekaterina Kabanova, KBK Accounting

The legal system of Russia belongs to the civil law system. Case law is not binding, except for decrees of the high courts. The civil procedure is governed by two procedural laws – the Civil Procedural Code (CPC) and the Arbitrazh Procedural Code (APC) for commercial disputes between companies.

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Old Presque Isle Lighthouse, Michigan, USA

New Civil Discovery Rules in Michigan Require Early Planning

By James P. Martin, Cendrowski Corporate Advisors LLC

On 19 June 2019, the Michigan Supreme Court amended Michigan civil discovery rules effective 01 January 2020. The rules are intended to modernise and make the litigation process more effcient, and they move substantial procedures to the front of the case.

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Graz, Schlossberg, Austria

Litigation Funding in Austria: An Overview

By Raffaela Lödl-Klein and Eva Pany, KAPP & PARTNER Rechtsanwälte GmbH

Third-party litigation funding had a late start in Austria, but it has become an accepted practice. It enables a party to litigate or arbitrate without having to pay for it (e.g. in case the client does not have the funds to pursue a case). Instead of the client, a third-party capital provider can take over some or all the costs/expenses and risks of the proceedings.

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