Litigation Publications

Litigation Committee Publications

The Litigation Committee publishes a variety of interesting articles and other content of relevance to the practice area. Some items are only available to Committee members via logging in after clicking on the item. Forgotten login details?

Looking for conference papers? If you attended the conference, access them via this link or if you did not attend, use the IBA shop.

Contact publications@int-bar.org if you need assistance.

Back to Committee homepage
European Commission issues pre-Brexit reminder to EU lawyers

The EC has issued a statement to the legal profession on the civil justice arrangements that currently apply to the UK through its EU membership. This article summarises the contents of the EC’s statement and elaborates on potential post-Brexit arrangements that are alluded to, but not described in detail, in the statement itself.
A navigation in the uncharted waters of different legal systems: enforcement of foreign arbitral awards in Greece

Dispute Resolution Section winning paper 2017, by Eva Litina. This paper explores the conflicts of legal cultures and systems that come to the surface during enforcement proceedings of foreign arbitral awards. It first discusses the current international legal regime in enforcement of foreign arbitral awards. Then, it examines the receptiveness of a civil law jurisdiction towards arbitral awards issued under common law, using Greece as a case study. For this analysis, a specific reference to maritime arbitral awards is appropriate, given the position of Greece as a major shipping nation, which results in many enforcement proceedings of maritime arbitral awards. Apart from the general attitude of the Greek courts towards foreign arbitral awards, two specific common law institutions that have been addressed by Greek jurisprudence are further analyzed: punitive damages and anti-suit injunctions. This analysis aims to throw some light on the stance of the Greek courts towards arbitral awards hailing from common law systems and the difficulties faced in such enforcement proceedings.
International Litigation News - September 2017

Ahead of the IBA Annual Conference in October, the Committee provides an update on its activities and conferences, and its members offer jurisdictional updates on some of the latest litigation developments worldwide.
International Litigation newsletter - May 2017

This issue contains a diverse range of articles from global jurisdictions, from India's unique approach to the doctrine of separation of powers, to recent developments in the Turkish judiciary and legislation – click here to login and download.
Public policy through the lens of Chevron v. Ecuador - Litigation Committee newsletter article, October 2016
By Floriane Lavaud, Laura Sinisterra and Julianne J. Marley
In an epic legal battle between Chevron and Ecuador over alleged environmental contamination in the Amazon region, a US court declared that an Ecuadorian judgment in excess of $8.6bn against Chevron was fraudulent and unenforceable, a decision that was recently affirmed by the US Court of Appeals for the Second Circuit.
International Litigation Newsletter - September 2016

This edition of the Committee’s newsletter contains a diverse range of articles from global jurisdictions, including a number from Asia and Eastern Europe, with a look at current trends and activity, and new approaches to old problems – click here to login and download.
Really lost in translation: litigation v arbitration in Asia - Litigation Committee newsletter article, August 2016
By Josef (Jef) Klazen
This session at the IBA Annual Litigation Forum in April took a fresh look at litigation and arbitration options in Asia, analysing the advantages and disadvantages of each, and discussing recent developments in Asian dispute resolution laws and legal systems.
International Litigation Newsletter - April 2016

This edition of the Committee's newsletter contains a number of updates on litigation developments from our global members, plus reports from the 2015 IBA Annual Conference in Vienna. It is free to all members of the IBA Litigation Committee - click here to login and download.
By reference to the rules in your own jurisdiction, how far do you think it is permissible to go in preparing a witness of fact for trial? - Litigation Committee newsletter article, November 2015
By Courtney Furner – scholarship winner
What constitutes permissible witness preparation for trial is dependent upon the historical approach to fact-finding embedded within a particular adversarial jurisdiction. In Australia, lawyers, quite properly, do not have a carte blanche to employ whatever tactics they choose to contribute to their clients’ successes.
Litigation Committee report - Multi-tiered dispute resolution clauses - Oct 2015

The purpose of this compendium is to briefly summarise the current state of the law in a number of jurisdictions throughout the world.
Litigation Committee newsletter September 2015

A special edition of the Litigation Committee’s newsletter ahead of the IBA Annual Conference in Vienna, featuring a selection of the Committee's best articles.
Termination of a long-lasting commercial relationship in France - Litigation Committee newsletter article - June 2015

This article considers the termination of a contractual relationship in the context of Article L 442-6 I 5° of the French Commercial Code.
Are the US courts moving towards greater consensus in the application of the ‘common interest privilege’? - Litigation Committee newsletter article - April 2015

By Robert A Schwinger and Serine Consolino. Are the US courts moving towards greater consensus in the application of the ‘common interest privilege’?
Action de groupe: the French class action - Litigation Committee newsletter article - April 2015

By Matthieu Brochier. Action de groupe: the French class action.
The enforcement of foreign legal privilege in legal proceedings: French and US perspectives - Litigation Committee newsletter article - April 2015

By Marie Danis and Roman Pinösch. The enforcement of foreign legal privilege in legal proceedings: French and US perspectives.
Italy implements measures to recover from its civil litigation backlog - Litigation Committee newsletter article - April 2015

By Giulia Etzi, Ilairia Buri, Fabrizo Grasso and Enrico Debernardi. Italy implements measures to recover from its civil litigation backlog.
Third-party funding: when the trial is no longer a burden - Litigation Committee newsletter article - April 2015

By Valérie Morales. Third-party funding: when the trial is no longer a burden.
Turkish judicial system’s effort to integrate ‘action of indefinite debt’ - Litigation Committee newsletter article - April 2015

By Mehmed Feridun Izgi. Turkish judicial system’s effort to integrate ‘action of indefinite debt’.
Recent financial litigation in Denmark - Litigation Committee newsletter article - April 2015

By Dan Terkidsen. Recent financial litigation in Denmark - Litigation Committee newsletter article, April 2015
The Directive on antitrust damages actions and the European Court of Justice’s Kone decision: need for implementation in Germany - Litigation Committee newsletter article - April 2015

By Liesa Brauer and Brigitta Varadinek. The Directive on antitrust damages actions and the European Court of Justice’s Kone decision: need for implementation in Germany?
Recognition and enforcement of foreign decisions in the Republic of Serbia - Litigation Committee newsletter article - April 2015

By Jelena Bajin. Recognition and enforcement of foreign decisions in the Republic of Serbia.
French Supreme Court upholds conditions of termination & compensation for abrupt break-off of established business relationship - Litigation Committee newsletter article - April 2015

By Constantin Achillas and François-Xavier Mirza. Let them go nicely: French Supreme Court upholds conditions of termination and compensation for an abrupt break-off of an established business relationship.
EU regulation: jurisdiction, applicable law, recognition/enforcement of decisions & authentic instruments in succession matters - Litigation Committee newsletter article - April 2015

By Maurizio Vasciminni, Martina Conte and Giovanni Gigliotti. EU regulation on jurisdiction, applicable law, recognition and enforcement of decisions and of authentic instruments in matters of succession.
Key issues in transatlantic litigation - Litigation Committee newsletter article - April 2015

By Richard Marshall, Adam Oyebanji and Lottie King. Key issues in transatlantic litigation - Litigation Committee newsletter article, April 2015.
Editors' note - Litigation Committee newsletter article - April 2015

By John P Bang and Jacques Bouyssou. Editors' note - Litigation Committee newsletter article, April 2015.
Litigation Committee newsletter, April 2015

Download the Litigation Committee Newsletter, April 2015, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Litigation Committee newsletter, October 2014

Download the Litigation Committee Newsletter, December 2014, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Litigation Committee newsletter, May 2014

Download the Litigation Committee Newsletter, May 2014, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Litigation Committee newsletter, September 2013

Download the Litigation Committee Newsletter, September 2013, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Litigation Committee newsletter, April 2013

Download the Litigation Committee Newsletter, April 2013, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Litigation Committee newsletter, December 2012

Download the Litigation Committee Newsletter, December 2012, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Litigation Committee newsletter, May 2012

Download the Litigation Committee Newsletter, May 2012, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Litigation Committee newsletter, September 2011

Download the Litigation Committee Newsletter, September 2011, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Litigation Committee newsletter, April 2011

Download the Litigation Committee Newsletter, April 2011, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Litigation Committee newsletter, September 2010

Download the Litigation Committee Newsletter, September 2010, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Litigation Committee Handbook 2009

Download the Litigation Committee Handbook 2009, covering the conduct of litigation in the international context. This handbook looks at The Hague Convention on Private International Law, the Council of Europe and European Union regulation.
Litigation Committee Handbook 2008

Download the Litigation Committee Handbook 2008, covering the conduct of litigation in the international context. This handbook looks at The Hague Convention on Private International Law, the Council of Europe and European Union regulation.
Litigation Committee publishes guide to the law and practice of litigation in many countries around the world

The Litigation Committee has prepared a guide to the law and practice of litigation in many countries around the world. The material is intended as a high-level practical overview for practitioners and others seeking an introduction to litigation in particular jurisdictions.
Mediation Techniques
Consulting editor: Patricia Barclay
The IBA is pleased to announce the launch of its first e-book. Although there are many books about mediation, most of them concentrate on a single topic or have a bias towards the theoretical or philosophical. This e-book offers a practical collection of tips from and for practising mediators of different styles facing different sorts of issues.
Dispute Resolution International

Dispute Resolution International is available to access online for all members of the IBA Dispute Resolution Section.