International Litigation newsletter – May 2018
The Committee’s members present a diverse range of articles on important and topical litigation developments across Europe, Asia Pacific and North America, plus a look at the Committee’s conference plans for 2018.
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.
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.
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.
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 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.
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.