Litigation Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Litigation.
A recent High Court judgment in the UK highlights the difficulties that can arise when unexpected problems strike. In the case of MSC Mediterranean Shipping Company1, the courts looked at the implications of a party who, when faced with potential repudiation, chose instead to affirm a contract and claim demurrage charges.
Under Thai law, an arbitration award must be recognized and enforced by the judicial system.
By MMLC Group
This article looks at the New York Convention as applied in China, in particular in relation to when courts in China are able to refuse to enforce foreign arbitral awards, by reference to decided cases.
Waiting too long to protect your trademark can end badly. In China, with its first to file system, foreign brands have learned the hard way to be proactive in protecting their foreign language brand names. But some have been slow in protecting the Chinese language versions of those brand names. And have seen their brand recognition pulled out from under them.
Plaintiffs will want to know whether the defendant has the means to pay off a judgment before going to trial. Additionally, plaintiffs will want to know about the defendant’s assets if they have received a judgment against the defendant. There are several legal avenues that plaintiffs can pursue to determine the location and value of the defendant’s assets that may eventually be used to satisfy a judgment.
The right to place items on the agenda can be a powerful tool. In this way shareholders can apply pressure to the board, or, as the case may be, the company. Recently, a dispute about adding an item to the agenda of a meeting at Fugro by Boskalis was submitted to the court in preliminary relief proceedings.
When will the courts disallow the use of documents that have been fraudulently or mistakenly obtained? A recent case in the UK has given useful guidance on when ‘privileged’ documents could be used in the course of litigation.
What is the extent of a valuer’s duty of care to an investor? The UK courts have considered this issue, which is of particular importance to the property and financial sectors, surveyors, and other experts.
The High Court in the UK recently considered whether a company should pay damages for copyright infringement and/or breach of contract where software was used without consent.
Drawing up effective contracts is an essential part of carrying out a thriving and successful shipping business. But even with the best intentions and the most rigorously drawn up agreements, contentious issues may arise.
A cautionary tale from the UK courts has emerged concerning fraudulent misrepresentations made to the purchasers during a property sale – leading to a substantial damages award.
Lawyers can be very expensive. They are highly trained professionals with in-demand skills that make them able to charge increasingly high fees for their time, knowledge, and services. But, some attorneys are willing to offer at least a portion of their time to help the less fortunate. So, how do you get pro bono legal representation?
Frequently, the people who need an attorney the most are also the ones who can least afford to pay for one. Whether accused of a crime, injured in an accident, or facing the possibility of losing your children, there are many situations where the stakes are so high that you might desperately need an attorney even though you have no way to pay. So, how do you hire an attorney when you have no money?
Most businesses are looking to Incorporate a Company in Thailand but do not meet the initial requirements. Below is a list of items to consider before you proceed to set up a company in Thailand.
Getting in the courthouse door in China has always been problematic even for seemingly straight-forward cases. China’s Supreme People’s Court is trying to make the case filing process easier, more efficient and maybe even a little more transparent. Predictability, above all, is hopefully within reach.
The FDA has warned that women who use Zofran during pregnancy could be more likely to give birth to a child with heart defects or other birth defects. Families whose children were born with birth defects linked to Zofran have already filed lawsuits against the drug's manufacturer in two states.
Garnishments can result in the withholding of up to 25 percent of a person’s disposable wages, according to federal law. However, there may be a number of objections that a debtor can raise to reduce or eliminate the garnishment.
In a typical debtor/creditor case, a creditor must go to court and get a judgment against a debtor before it can take part in collection efforts on the debt, such as garnishment or property assignments. Parents who are not receiving the support that they are entitled to receive per an existing court order do not typically have to go through the process of getting a judgment to have wages automatically withheld from the other parent’s wages.
If a fraud has been committed against your company there may be general desire to get justice by seeing the perpetrator sentenced for their crime and sent to prison. However, commercially astute businesses realise that the use of civil proceedings may be more advantageous.
When a personal injury claim proceeds to the lawsuit stage, the arbitration is an essential part of the legal process. As your claim moves into this stage, you’re likely to hear the phrase arbitration statement. An arbitration statement is a compilation of evidence such as medical bills, injury information, and documentation of lost wages.
A foreign judgment or an arbitral award has no immediate effect in Cyprus. A procedure must be followed in order to enforce the foreign judgment. This can be made under E.U regulations, common law and statute depending on the country issuing the judgment and/or the arbitral award.
They are frequently in the news, passing out fliers about not paying taxes, and conducting meetings in local hotels and restaurants about not being beholden to the government. Often referred to as “sovereign citizens,” these groups believe that they have found loopholes that exclude them from following laws by which they do not wish to abide. But, are sovereign citizen groups right, or is their interpretation of the law off base?
One of the most common legal procedures that is also one of the most commonly misrepresented in the media is service of process. Many have heard the term or read about it as a procedure that must be followed in a lawsuit, but few really understand what it is or how to do it correctly. So, what is service of process?
Despite what some popular jokes insinuate to the contrary, lawyers are people, too. They understand that it’s common for potential clients to be nervous or anxious when meeting for the first time. Try to remember that attorneys are there to help you. Knowing what to expect can ease your mind.
A class action lawsuit was filed in California Superior Court on March 19, 2015 claiming that 28 wineries produced and sold wine containing dangerous levels of arsenic and failed to warn consumers about the potential risks.
Class action lawsuits are commonly heard on television and radio commercials. They often involve defective products or predatory lending schemes. They provide several benefits to litigants by allowing them to join together for a common goal.
Even if a person is embroiled in litigation, he or she can still benefit from the process of mediation. Lawyers can assist their clients with this process in a number of ways before, during and after litigation.
When a person needs to hire an attorney, one of the first questions he or she asks is how much it will cost. Different attorneys charge different ways for their work. Here is an overview of some of the possibilities.
The findings of a study by the Consumer Financial Protection Bureau show a disturbing trend underway by corporate america – blanket credit service contracts with arbitration agreements to prevent the public's ability to sue.
With a variety of self-help forms and resources available to individuals today, it may be tempting to attempt to do legal work yourself and avoid the often expensive endeavor of having to hire a lawyer. However, many tasks are better suited for a professional.
A subpoena is a court-ordered mandate telling a person to show up in court or a deposition at a certain time or to provide a party of a case with certain information. Individuals who ignore a subpoena can find themselves in civil or criminal contempt of court. However, a person may not need to blindly comply with the subpoena.
You have performed services for or delivered products to a customer located in The Netherlands. You have invoiced your services or products, but your customer fails to pay these invoices. What can we do for you do in order to recover the debt concerned from this customer in The Netherlands?
For most of us, the word “poison” conjures up fairy tales and fantasies — Snow White’s poisoned apple, Captain Hook’s medicine in Peter Pan, the Wicked Witch’s poppy field in The Wizard of Oz. Or, for readers of a certain age, maybe “Every Rose Has Its Thorn” comes to mind.
When a creditor wants to ensure that it will quickly receive the funds that it is due, it may go after any funds or assets that it can get its hands on. In some situations, creditors may prefer to garnish a bank account rather than go after an employee’s wages. In many situations, the creditor may be able to access funds in a joint account.
Starting a new business in Ukraine appeals to foreigners, as it provides a real opportunity for significant profits from trade at the pharmaceutical market. This niche of the market shows permanently existent and growing demand for different medical drugs along with various supplements and accompanying personal care products.
If a creditor knows that a debtor is working, one effective method for the creditor to collect on this debt is to have the debtor’s wages garnished. However, there are several laws that apply that can affect the garnishment process.
While a summons may require another party in the case to appear, a subpoena can require that a particular person appear in court or for other proceedings. Additionally, this legal tool can be used to acquire information that one of the party desires.
If there is an order that was entered in your family law case and the other party is not following the order, you may decide to pursue a contempt hearing. This is one method that individuals use to help enforce their order.
After you received a court judgment, you probably thought that your case was over. However, there are several steps remaining in the process, including the collection of your judgment. Fortunately, you have a few avenues to get the money that is due to you.
The UN Convention on the Recognition and Enforcement of arbitral awards signed in New York on June 10, 1958, (« The New York Convention »), has been ratified in Democratic Republic of the Congo ("DRC") through Law No 13/023 dated 26 June 2013 authorizing the accession of DRC to the Convention in accordance with article 215 of the Constitution.
When an L-1 Visa is denied by USCIS, you may have the option of skipping an administrative appeal to the AAO, and file a petition for review with a Federal District Court under the Administrative Procedure Act.
Explaining current provision and practice of enforcement and Recognition of Foreign Arbitral Awards in Turkey. New York Convention and Turkish Private Law and Procedure Act (Called MÖHUK in Turkey International Private Law and Procedure Act) related to enforcement of foreign arbitral awards are the main provisions governing terms of subject concerned.
Every year, people flock to different locations for a change of scenery. Whether contracting with a vacation home agency, organization, national chain or individual homeowner, there may be a variety of remedies available if the home is not available upon arrival. However, the first step is usually to try to work it out before seeking legal remedies.
Motor vehicles have a legal obligation to share the road. If you are walking or jogging, drivers don’t have the right to hit you just because you were in their way. However, as a pedestrian, you are much more vulnerable to injuries in an accident than the person inside the vehicle is.
Before a class action lawsuit can proceed, the class must be certified. This process ensures that the plaintiffs have enough similarities to proceed with litigation against the named defendant as part of one larger case.
The FDA has warned that antibiotic drugs known as fluoroquinolones may increase the risk of serious nerve damage known as peripheral neuropathy. Nerve damage in the arms or legs resulting from peripheral neuropathy can occur just a few days after beginning treatment with FQ antibiotics such as Levaquin, Cipro, or Avelox, and may be permanent.
In addition to each of the defenses available in an original creditor lawsuit, debt buyer lawsuit defenses include standing, limited admissibility of documents, conditions precedent, and additional damages under the FDCPA.
A product may be defective due to errors in design and production or due to the manufacturer’s failure to provide adequate instructions and warnings.
Because of the value of even the simplest phrase, celebrities today are utilizing copyright and trademark law to protect their intellectual rights in instances rarely before noticed. It is Copyright and Trademark Law which requires their lawyers to send cease and desist letters to unsuspecting entrepreneurs. A balance needs to be restored so celebrities can proceed against large scale pirates even if they don’t aggressively seek to protect their intellectual property rights in every case.
By Planet Depos
Taking depositions in Germany can be easy with the proper planning and scheduling.
Service of a Small Claims Lawsuit is often a consumers first interaction with the civil court. Here is a quick explanation of what to expect at a Florida Small Claims Pretrial.
The legal profession has been changing over time, adopting new fields and challenges. Globalization, development of internet and technologies all led to the change in lives, change in the way businesses are conducted, in the way people spend their leisure time and, also, the way people commit crimes.
More business cases are going to arbitration than ever before. Therefore, courts have to confront more procedural and legal issues arising out of arbitration cases. Judges often have to remind litigants of the deference given to arbitrators, when the parties have agreed on arbitration as their dispute resolution method. In this presentation, Igor Ellyn reviews nine of the latest cases and explains how they affect the law and practice of arbitration in Ontario and Canada.
The best option available to a party seeking to obtain security for a maritime claim against a shipowner is, certainly the arrest of the vessel. Let's see the important frequently asked questions on vessel arrest in Tunisia
The best option available to a party seeking to obtain security for a maritime claim against a shipowner is, certainly the arrest of the vessel. Let's see the applicable procedures to arrest a ship in Tunisia.
The best option available to a party seeking to obtain security for a maritime claim against a shipowner is, certainly the arrest of the vessel.
Life settlement providers, brokers, and investors have filed lawsuits regarding these life insurance investments. For more information about filing a life settlement investment lawsuit, contact the lawyers at Heygood, Orr & Pearson by calling toll-free at 1-877-446-9001.
Not knowing how to report a defective product stops a lot of people from taking action. However, the Consumer Product Safety Commission makes it as easy as possible for those reporting defective products. Learn how to alert the CPSC about a product that injured you and in turn, let other consumers know of dangerous products.
Cyprus Courts Do Not Recognise Foreign Arbitration Awards when Neither Party Has its Domicile in Cyprus
The Supreme Court of Cyprus ruled on 17 February 2015, in STX OFFSHORE & SHIPPING CO. LTD v. STX (DALIAN) SHIPBUILDING CO.LTD, Civil Application No. 152/2014, that in order for a foreign arbitration award to be recognized and enforced in Cyprus either the applicant or the respondent must have its domicile in Cyprus.
While many individuals are aware of their right not to incriminate themselves, they may also be able to prevent another person from testifying against them. The law recognizes several privileges that prohibit certain individuals from testifying against a person.
Even though you do not have a legal education, a pro se plaintiff or defendant is still expected to comply with the same rules of evidence as seasoned lawyers. In federal cases, the federal rules of evidence must be followed. In state cases, state and local court rules must be followed to ensure that the judge receives relevant and reliable information.
No doubt that the technological evolution and its wide range usage in various fields became a part of our daily lives, accompanied by this evolution,it’s usage between people in civil and commercial transactions grew significantly.,
A salutary lesson has emerged from the English Commercial Court - that contractual parties involved in a dispute must discuss the issues before arbitration.
Parties to commercial leases should appreciated and understand the extent of their rights and responsibilities to commercial landlords, to minimize the risk of disputes.
If you are involved in the maritime and shipping industry, you will be only too aware of how swiftly you can sail into legal hot water.
Companies must take great care that senior company personnel avoid undertaking acts that mean they could be treated as directors for the purposes of the law. This may result in adverse implications for both the company and the individual concerned. The expert company lawyers at Bahamas firm ParrisWhittaker are highly experienced in providing full service legal advice to companies including in relation to directors and their duties and liabilities.
Third-party debt collectors must conform to a certain set of rules that are prescribed by a variety of federal and state laws. The primary consumer protection law that debt collection agencies must adhere to is the Fair Debt Collection Act. However, the state where the debt collection agency operates or the state where the debtor resides may carry additional consumer protection laws with which the agency must also comply.
Is it ever acceptable to be dishonest in the course of a shipping insurance claim?
Businesses should be aware of the risks of informal communications such as emails and conversations whilst negotiating commercial agreements.
The Possibility of Realization of Medicinal Products after Termination of the Registration Certificate
On 10.20.2014, the Verkhovna Rada of Ukraine adopted the Law of Ukraine "On Amendments to the Law of Ukraine "On Medicinal products" concerning turnover of medicinal products and state quality control of imported to Ukraine medicinal drugs".
On January 20, 2015, the Law of Ukraine № 113-VIII of January 15, 2015 came into force which approved the Decree of the President of Ukraine "On the partial mobilization".
Georgia's Right to Repair Act allocates specifics obligations, duties and rights to homeowners and home builders. And this article helps explain the process in an effort to avoid construction litigation.
Supreme Court of Cyprus Reaffirmed the Principle that Directors do not Owe Fiduciaries Duties to Shareholders
In Wail Abuljebain v. Unetec-United Engineering and Technical Consultants et al, Civil Appeal 182/2009, 05 February 2015, the Supreme Court of Cyprus delivered a salutary reminder that Directors’ fiduciary duties are owed to the Company itself, as a whole, and not to its shareholders, parent or affiliate Company.
Many individuals are hesitant to appear in court out of fear or a lack of familiarity with the court system. There are several ways that you can get the testimony that you need to assist you in your civil or criminal case.
California legislators plan to introduce a bill to eliminate the personal belief exemption which allows California parents to refuse to vaccinate their children. Two U.S. senators also want to eliminate the religious exemption. Whether either change is enacted, daycare facilities who fail to protect others from unvaccinated children and parents who fail to vaccinate their children risk liability for any injuries or deaths caused by their child’s spread of the highly contagious measles virus.
Whether using the company chop on a contract will effectively make it binding was considered by the High Court of Hong Kong in its recent decision of TS Office System Limited v Wing Kee Produce Limited, delivered on 14 December 2014.
By MMLC Group
This article looks at the new CIETAC rules that have been issued in part, to deal with the restructuring of its Shanghai commission.
The majority of construction contracts include a provisions referred to as the "No Damages For Delay" clause; a well-drafted clause can limit a party's exposure to damages in the event of a delay on the project's schedule. Despite these provisions, there are exceptions to their enforceability.
A subpoena notifies a person that he or she must appear in court at a certain location, date and time in order to provide testimony as a witness. Generally, a subpoena is issued to secure your testimony in court and not for out of court purposes, but there are some exceptions. Additionally, a subpoena may direct you to provide certain documents to the court.
The next foreclosure epdimic is coming from hundreds of thousands of Home Equity Lines of Credit (HELOC)s that are coming due after their 10 year term.
Sometimes despite an attorney’s best intentions, he or she may find that a client is not happy with the services provided. In many situations, a client can fire his or her attorney at will. However, there may be times when this right is limited. Before firing your attorney, be sure to consider negative consequences and any alternatives.
Ask any personal injury lawyer and they will tell you the number one question asked of them is “Can I sue?” Coming in a close second is “Do I have a case?” Both questions miss the mark, however, as the real question that accident victims should be asking is “Do I have a case worth pursuing.”
A director of a limited company in Thailand must be liable to the shareholders and the company itself when he or she conducts the business of the company.
As a result of changes to sexual abuse laws in California and a more liberal statute of limitations, attorneys in California now have a greater chance to pursue perpetrators of sexual abuse and obtain justice for their victims. Thanks in part to greater public awareness of the problem, recent reports in the news, and more women willing to come forward after being abused, a greater number of abuse and molestation victims can at last obtain some measure of justice for the trauma they’ve endured.
The FDA has warned that fluoroquinolone antibiotics such as Levaquin and Cipro may cause a type of serious nerve damage to the arms or legs known as peripheral neuropathy. Patients who have been injured by these medications may be eligible to file a lawsuit.
If couples can put their differences aside to create an atmosphere of teamwork, they can work with a divorce mediator to help them achieve a friendly divorce.
If you are considering retaining the services of a private investigator, you may want to know some background information regarding these individuals. Here are a few frequently asked questions about private investigators and their answers.
While many private investigators complete work in the field by conducting surveillance on a subject and photographing them in certain acts, digital private investigators focus more on gathering digital evidence. This information may be used in family law cases, employment disputes, personal injury cases or myriad other cases.
If you are interested in hiring a lawyer, he or she may mention a “retainer fee.” While you may hire an attorney without a written agreement, there are several reasons why you should insist on a written retainer.
Presenting a case in front of a judge or jury usually requires specialized knowledge about procedural issues and evidence, which is why hiring an attorney is usually recommended. However, in some instances, clients simply cannot afford a lawyer and choose to represent themselves, called “pro se.” There are a few places that you may look to find more information on your legal topic.
In the aftermath of the horrific and deadly attack on the offices of Charlie Hebdo in Paris on January 7, 2015, we examine why parody and satire are cherished forms of free speech and how they are protected by U.S. and U.K. law. When an aggrieved target of satire or parody sues for defamation, or a copyright holder sues when their work is contained in a mashup, can parody, satire, or fair use be utilized as a defense by an attorney? In the U.K., it will help if the parody is funny.
By Planet Depos
More than two thousand years ago, the Chinese warrior-philosopher Sun-Tzu wrote a treatise on military strategy called The Art of War. Since that time, this legendary text has become required reading throughout Asia. Whether in business school, the armed forces, or in law school, it is likely that every student is familiar with the fundamental principles of Sun-Tzu’s masterpiece.
A confession is probably the most damaging kind of evidence that you can give to the police, and will surely be presented in court in front of a jury. It is almost as bad as blowing into the Breathalyzer when you know you’ve had more than two drinks.
The right of publicity is the right of every human being to control the commercial use of his or her identity. When that right is infringed, the individual’s publicity rights have been violated. The right of privacy is the right not have your name or likeness appropriated by another without your permission, your privacy intruded, your private information to be made public, and to not be placed in a false light. In California, damages can be pursued by an attorney for these infringements.
As part of the implementation of the Competition Ordinance (Cap 619), the Hong Kong Competition Commission (“Commission”) is required to issue guidelines on how it expects to interpret and enforce the Ordinance (Section 35). For that reason, the Commission together with the Communications Authority on 9 October 2014 jointly published 6 draft guidelines (“Guidelines”) for public consultation.
A new Code of Practice aims to increase safety and security in the working environment in dock and on board ship – and helps shipping, cargo and haulage companies understand their liabilities and responsibilities when it comes to packing and transporting cargo.
Attorneys are restricted to the method and content of advertisements that they can make. These rules are meant to protect consumers who may have a disparate amount of experience in the field and to avoid taking advantage of these individuals.
Individuals who do not have a prenuptial agreement in place are at the mercy of their state laws and subsequent agreements reached during a divorce in which both parties may be less than objective. A prenuptial agreement can provide protections for both parties regarding certain property, rights and obligations.
In order for you to provide notice to the other side of a pending legal action and for notifying the other side of other certain legal information, that side must be served. Jurisdictions typically require that a non-party provide the service of process.
Service of process is the legal notification to one party, usually a defendant, of the receipt of certain information. While each state can establish its own rules regarding the requirements for service of process, the federal rules are required in federal states. Additionally, some states have adopted the federal rules verbatim.