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Litigation

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Breaking News

Crisis Litigation: The role of the Lawyer

19-20 June 2008 Toronto, Canada

A conference presented by the IBA Litigation Committee and supported by the IBA North American Regional Forum.

The conference will focus on the roles of external and internal counsel in international corporate crises, such as tainted products, environmental catastrophes, senior executive misconduct and corporate scandals, and the special skills, knowledge and judgment demanded by these situations. It will feature experienced professionals in crisis management communication, seasoned media advisors and members of the media, senior litigators and corporate counsel who have lived through 'trials by fire', and judges who have handled high-profile cases in the public eye.

 

Who should attend?

Litigators, corporate counsel, judges, academics, policy makers and others who may confront public crises in a litigation context.

Further information on this conference is avaible here 

       
            


 

       


 

 

      





The Litigation Committee is revamping its Country Chair system. Please click on the following links for more information.
 

 
The Litigation Committee focuses on the legal, practical and procedural issues involved in conducting litigation. Differences and developments in individual jurisdictions are compared. The issues arising in international litigation receive particular attention, including issues such as jurisdiction, choice of law, and the role of international judicial assistance in dispute resolution. Practitioners involved in larger scale or international litigation can debate topical issues and share their experiences of handling and solving the problems arising from such disputes. In particular, the committee seeks to explore the differences of approach between the common law and civil law traditions, and to encourage a dialogue between practitioners from these two systems.    

Close links are maintained with various organisations such as the American Bar Association Litigation Section, the British Institute of International and Comparative Law and the Australian Corporate Lawyers Association. 

The committee meets annually at the main IBA Conference and also has a specialist litigation conference generally held in May or June each year, together with regular seminars and events organised by the committee’s local country chairs. The Annual IBA Conference also provides an occasion for the Young Litigators Club to offer a forum for young lawyers to present papers and exchange ideas.                   

Committee members receive regular copies of the committee’s newsletter which provides details of the committee’s current activities plus recent developments in the law worldwide. Full details of the committee’s Executive Committee and its regional and country chairs are published in the newsletter, and are available on this website. The committee welcomes applications for membership from all lawyers with an interest in litigation.                

Subcommittee
                                              
International Litigation Conventions and Laws

Chair:          

David Stewart

stewartdp@state.gov

  
Vice-Chair: Marc Russenberger

mrussenberger@vischer.com

 

Committee Country Chair Updates

The United States Supreme Court revisits and reaffirms rule that arbitrators, not courts, should ordinarily decide whether contract is valid, 9 March 2006
On 21 February 2006, the United States Supreme Court issued a pro-arbitration ruling that answered an important question: who decides whether a contract is void – the arbitrator, as provided in the contract itself, or the court, upon being requested to compel arbitration?   

Blonder & Co v Citibank, 6 February 2006
An intermediate New York appellate court provided an important victory for the banking industry, making it plain that it wants to keep streamlined litigation over international transactions involving letters of credit  

Lincoln Property Company v Roche, 4 January 2006
On 29 November 2005, the United States Supreme Court rendered a unanimous opinion in Lincoln Property Company v Roche, and clarified that an out-of-state defendant may remove a case from state court to federal court without having to prove that none of its affiliates is a 'citizen' of the state where the suit was filed.  

New arbitration rule in New York, 29 November 2005
Newly signed legislation in New York modifies CPLR section 7502(c), which governs applications made to New York state courts for provisional remedies in connection with arbitrations.  

The Boeing Company v EgyptAir, 25 October 2005
Judge Frederic Block, of the Eastern District of New York, has just issued a decision in The Boeing Company v EgyptAir, in which he decided to retain jurisdiction over a lawsuit arising from the 1999 crash of an EgyptAir flight off the coast of Nantucket, finding that the case had its roots in the US.  


Committee Conferences

Recent conferences have included:

Prague September 2005

The Litigation Committee held the following sessions at the IBA Annual Conference in Prague, 25–30 September 2005.

  • The obsessed litigant... how does one cope? Monday 26 September, 1030–1700.
  • Multiparty dispute resolution in project-financed infrastructure projects: the role of the courts? Monday 26 September, 1030–1230.
  • Exclusive choice of court agreements: will the Hague Convention do for international litigation what the New York Convention did for arbitration. Monday 26 September, 1400–1700.
  • Judicial oversight of director action: legal, management and investor perspectives. Tuesday 27 September, 0930–1230.
  • Civil litigation in Europe. Tuesday 27 September, 0930–1230.
  • Litigators' forum: the doctrine of economic duress in business and commercial litigation. Tuesday 27 September, 1400–1700.
  • Litigators' forum for corporate counsel. Wednesday 28 September, 1400–1700.
  • Dispute resolution clauses - a practical approach. Thursday 29 September, 1400–1700.

More information on the IBA Annual Conference in Prague.     

Miami April 2005

Where Money Disappears – Response, Recovery and Regulation – Discovery of Serious Fraud – the First Response – Civil Pursuit of the Criminal Defendant – Recovery of the Proceeds of Criminal Activities – Ethical Issues of the Convergence of Civil and Criminal Litigation.

For further information on any forthcoming or past IBA event, go to the conferences homepage or contact the marketing department.

Committee Publications

The committee newsletter contains brief reports on litigation issues around the world as well as more extensive articles on major industry issues. Publications are made available to committee members on the IBA website and are often published in the newsletter or other IBA publications. 

Download the latest committee newsletter, International Litigation News.

For further details of all IBA publications including books, journals, newsletters, conference papers and free guides and materials go to the publications homepage.

Members

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