Law

Securing claims in a summary document procedure in Germany

By Dr. Angelika Baumhof and Kristina Bauer-Hofstetter, Jakoby Dr. Baumhof

Do you have a pecuniary claim in Germany which can only be proven by evidence based on documents? Then you can quickly obtain a title to enforce your claim by using a summary document procedure (“Urkundsverfahren”). The summary document procedure exists as a court order (“Mahnverfahren”) or a normal civil proceeding (“Gerichtsverfahren”). In the summary document procedure, the plaintiff must prove their claim based exclusively on documents, and the defendant can only oppose by presenting documents. As a result, the court will not hear witnesses or experts. Such evidence can only be taken into consideration in the subsequent procedure (“Nachverfahren”) after the preliminary judgement.

Continue Reading

Law

Enforcement of Foreign Judgment in Japan

By Seiichi Yoshikawa, Koga & Partners Legal

In Japan, a judgment rendered by a foreign court ("foreign judgment") can be enforced by obtaining an "enforce-ment judgment" from the Japanese court. In brief, the party seeking an enforcement judgment raust show (1) the foreign court had jurisdiction over the dispute in question, (2) the defendant was properly served in the process before commencement of the case, (3) the contents of the foreign judgment and the procedure for issuance thereof were not in conflict with the Japanese public order and good morals and (4) the country to which the foreign court belongs provides a reciprocal treatment to a judgment rendered by the Japanese court.

Continue Reading

Law

Significant changes in the rules of Hungarian civil proceedings

By Dr. Ágnes Borbás, Kovácz Réti Szegeheö

The Hungarian legislator also con­tinues to apply its best efforts to make sure civil proceedings are concluded within the briefest possible time. In the current Act on Civil Proce­dure, actions filed for the enforce­ment of claims in excess of HUF 400 million have been regulated under the title "high-profile actions". In such actions, the deadlines of the courts and the parties are shorter than normal.

Continue Reading

Law

Arbitration as an alternative for solving disputes in Mexico

By Rodolfo Sanchez Arellano, New Corporate Approach

Legal disputes in Mexico may be resolved by Iitigation or through alternative dispute resolution mechanisms, such as negotiation, mediation, conciliation and arbitration. Over the past few years, arbitration has been increasingly used in Mexico to settle commercial disputes.

Continue Reading

Law

The German Mediation Act 2012

By Dr. Karl Friedrich Dumoulin, FPS Rechtsanwälte & Notare

The German Mediation Act 20-12, which has been in Force since 26 July 2012 (hereinafter referred to as "the Act"), not only regulates the mediation of cross-border disputes between EU member states (thereby implementing EU Directive 20o8/52/EC) but also the mediation of domestic disputes.

Continue Reading

Law

Particularities under Austrian litigation – overview of two particularities in the Austrian Civil Procedure Order (Zivilprozessordnung, ZPO)

Fotolia 13155227 S 635px

By Aurelia Tramposch, Tramposch & Partner

The Austrian legislator has increased the amount up to which legal dunning proceedings can be initiated. Monetary claims up to EUR 75,000.00 can now be directly, effortlessly and promptly claimed through dunning proceedings. After having filed a default action by the creditor the court will subsequently issue a conditioned payment order without having appointed a court hearing or having scrutinised the legitimacy of the claim.

Continue Reading

Law

Regulatory litigation in the United States

Fotolia 40217537 S 635px

By Michael Quinan, Christian & Barton LLP

In many ways, an American government agency may appear similar to a court, but there are significant differences. There are so many courthouse lawyers today that, even in the same courtroom, many will hardly know each other. However, a small group of administrative lawyers will, in many cases, appear before the same tribunal. Not only will they have intimate familiarity with agency rules, but they will know the people and the specific accepted practices that other lawyers will not find in any rulebook.

Continue Reading

Law

Italy: Mediation in civil disputes

Fotolia 29430494 S 635x250px

By Dr. Mariagiulia Signori, COMMA 10

Italy regulated the extra – judicial proceedings for ADR with Legislative Decree No. 28/2010, which made provision for mediation becoming a preliminary condition for judiciary proceedings. This term of law was examined by the Italian Constitutional Court which, in its judgment No. 272/2012, declared the unconstitutionality of the legislative decree No. 28/2010 as it stipulated compulsory mediation.

Continue Reading

Law

Commercial dispute in Japan – litigation or arbitration?

Fotolia 35365048 635x215px

By Seiichi Yoshikawa, Koga & Partners

Lawyers often face the question whether to resolve a commercial dispute in court or via arbitration. In Japan, arbitration is not necessarily considered a favourite forum (Each year twenty or so arbitration cases are filed with the Japan Commercial Arbitration Association).

Continue Reading

GGI Logo 70x50px

GGI Geneva Group
International AG

Schaffhauserstrasse 550
P.O. Box 286
8052 Zurich
Switzerland

Contact

T: +41 44 2561818
F: +41 44 2561811
This email address is being protected from spambots. You need JavaScript enabled to view it.
www.ggi.com