Litigation Law Articles

Articles written by attorneys and experts worldwide discussing legal aspects related to Litigation.



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Tips for Negotiating and Mediating

  September 1, 2013     By HG.org
At some point, we all have a negotiation. In the legal setting, this often occurs when negotiating during a mediation, but you probably also have negotiations in many other settings, as well, like when buying a car, interviewing for a job, or working out the terms of a home loan. Since negotiating is a necessary skill for everyone's life, it is a good idea to understand a few tips to give you the advantage for getting what you want.

How Appeals Work

  September 1, 2013     By HG.org
So, something has gone wrong in your trial and now you need to take an appeal. Or maybe the other side was unhappy with the outcome and they are taking the appeal, leaving you to make a response. An understanding of the appeal process and what it really means to take an appeal can be crucial to your success at this point in your legal dispute.

What is a Class Action?

  August 30, 2013     By HG.org
We have probably all received one of those notices in the mail advising us that we are part of a class action lawsuit. Maybe it requires some sort of registration or maybe you do not have to do anything. A few months or years later you receive a small check and never hear anything else about it. What was that? Did you do the right thing? Could you have gotten more money? It is really not as scary or complicated as it might seem.

Arbitration Versus Mediation

  August 29, 2013     By HG.org
Many have heard the term “alternative dispute resolution” associated with both arbitration and mediation, but may not have understood the difference. Indeed, many use the terms interchangeably even though they are very different procedures.

The International Comparative Legal Guide to: Shipping Law 2013

  August 27, 2013     By Lex Marine Law Office
This article provides corporate counsel and international practitioners with a comprehensive legal analysis of shipping law and regulations in Ukraine.

Private Video Recordings Potentially Evidence in Civil Proceedings - Germany

  August 27, 2013     By GRP Rainer LLP
Private video recordings can potentially serve as evidence in civil proceedings, according to the Local Court of Munich (AG) in its judgment of June 6, 2013 (Az.: 343 C 4445/13).

What Can You Do When Someone Commits Perjury?

  August 19, 2013     By HG.org
Anyone who has ever had to rely on the testimony of others, whether in a criminal, civil, or administrative proceeding, has probably felt the cold knife of panic and disgust slice through their gut as someone testified in a manner they considered untruthful. Of course, many people can have many different interpretations of the same event, including some that seem wildly different than your recollection, simply because they had a different perspective.

What is Discovery in a Civil Case?

  August 17, 2013     By HG.org
Discovery is the pre-trial phase in a lawsuit in which each party investigates the facts of a case, through the rules of civil procedure, by obtaining evidence from the opposing party and others by means of discovery devices including requests for answers to interrogatories, requests for production of documents and things, requests for admissions, and depositions.

Arbitration in Uzbekistan: Key Things to Know

  July 18, 2013     By Legalmax Law firm
The judicial system of Uzbekistan consists of the Constitutional Court, courts of general jurisdiction for civil and criminal cases, economic courts, and military courts. The main act regulating and establishing the procedure for organization and activity of courts is the Law on Courts (new edition) dated December 14, 2000.

Interpretation of Disputed Contracts in Dutch Law

  July 16, 2013     By AMS Advocaten
When parties are in conflict about the interpretation of a contract, lawyers and judges in the Netherlands will firstly apply the Haviltex criterium (named after case law with the same name). According to this famous criterium not only the literal interpretation of the wording of a contract is relevant but also are the underlying intentions of the parties and what they may expect from each other.

Accession of the DRC to the New York Convention on Arbitration

  July 11, 2013     By Emery Mukendi Wafwana & Associes
After its adoption by the National Assembly and the Senate of the Democratic Republic of the Congo ("DRC"), the President of the Republic promulgated on June 26, 2013 the Law No. 13/023 authorizing the accession of the DRC to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards signed in New York, on June 10th, 1958 (the "Convention").

Suzhou Court Refuses to Enforce Arbitral Award Rendered by CIETAC Shanghai (Also Known as SHIAC)

  July 9, 2013     By WiseLink Law Firm Shanghai
As the CIETAC Shanghai and CIETAC Shenzhen have respectively declared to become a independent arbitration commission breaking away from the CIETAC Beijing. The effect to the contract with a arbitration term and potential disputes involving the CIETAC can be seen from recent judgments.

The Ghost Rider Returns - In a Copyright Work For Hire Trial

  July 8, 2013     By The Harrison Firm, PC
A fan of comic books and motorcycle gang movies, in the 1950s Gary Friedrich began to imagine a motorcycle-riding superhero. The hero developed into a motorcycle stuntman when Evel Knievel rose to popularity in the late-1960s and in 1968 Friedrich gave his hero a flaming skull for a head. He then fleshed out a story for this hero.

Flood Preparedness Safety Checklist

  July 2, 2013     By Panter, Panter & Sampedro, P.A.
Did you know that floods are the number one most common natural disaster in the United States? Here are some tips to stay safe before, during and after flood storms.

Medical Malpractice Myths: Separating Fact From Fiction

A recent study found that large medical malpractice payouts make up less than 1 percent of all medical payments in the U.S.

Antidepressants and Pregnancy Birth Defects

Plaintiffs in lawsuits against Zoloft claim that Zoloft did not do enough to warn pregnant women of the risks of taking Zoloft during pregnancy and that their infants suffered serious injury and birth defects.

Consumers Can Fight Back against Mislabeling by Food Companies

  July 1, 2013     By Freidin, Dobrinsky, Brown & Rosenblum, PA
It is a fraud on consumers to create labels that do not accurately reflect the ingredients in a food item, including using “evaporated cane juice” to denote sugar content that is really no different than refined white sugar.

Even in an LLC or Corporation, You Are Personally Responsible for Your Business Debt

  June 30, 2013     By Boling Rice LLC
Starting a new company or planning on becoming a partner in a new company? Your personal assets are not as protect as you may think. Before starting that new company or joining a partnership, read on to learn how to protect yourself from personal asset exposure now and when you exit the company.

IP Litigation: Are Oracle and Google Paying for Good Press?

  June 25, 2013     By Sheldon Mak & Anderson PC
U.S. District Judge William Alsup continues to be a trailblazer when it comes to intellectual property litigation. He has asked Google and Oracle to supply a list of all of the journalists and bloggers on their payrolls.

Arbitration Is Usually Better for Business

  June 16, 2013     By Thomas R. Spencer, PA
Under most circumstances, Arbitration is a better dispute settlement process.

What Happens to a Married Couple's House During Divorce?

  June 10, 2013     By Claery & Green LLP
Interest rates are at historic lows and divorcing couples and people in general are buying and selling homes in increasing numbers. This exasperates the already common question - "What happens to a couple's home during their divorce?"

Rejection of Haircut Appeals by the Supreme Court of Cyprus

  June 10, 2013     By Michael Chambers & Co. LLC
The Supreme Court on Friday, 7 of March, delivered its long-awaited decision with regard to the appeals lodged by Laiki’s and BoC’s depositors who lost part of their money in the €10 billion bail-in plan for Cyprus. More than 3.000 appeals of uninsured depositors were filed before the Supreme Court requesting the decision to be revoked.

Preparing for Cross-Examination and Discovery in Ontario Lawsuits: Tips, Pointers and Best Practices

  June 8, 2013     By Ellyn Law LLP
These tips, pointers and information are intended for persons who must attend for cross-examination or examination for discovery in a civil proceeding in Ontario. There are some procedural differences between cross-examination and discovery but generally, preparation for the examination is the same.

Settle International Trade Disputes in China

  June 2, 2013     By Yingke Law Firm
The article introduces the procedure to settle the international trade disputes in China.

Using Financial Expert Witnesses in Business Litigation

  May 31, 2013     By Ellyn Law LLP
In business litigation, the quality, independence and acceptability of the expert evidence can make or break the case. This article discusses the law of Canada affecting the use of financial experts and best practices to make their evidence most effective. This presentation was prepared for a legal conference which took place in Toronto on May 30, 2013. The contents are not legal advice. Please contact the authors if you have any questions.

Legal Advice on the Arbitration Clause After Separation of CIETAC Shanghai and South China from CIETAC Beijing

  May 15, 2013     By WiseLink Law Firm Shanghai
The separation of CIETAC Shanghai and CIETAC South China from CIETAC Beijing has made a great noise, causing some confusion and legal issues about the arbitration clause. The author intents to briefly clarify it in this article.

Amended Civil Procedure Law Provides Better Protection for PRC Litigants

  May 14, 2013     By Angela Wang & Co.
The National People’s Congress adopted the revised PRC Civil Procedures Law (“New CPL”) on 31 August 2012, which law came into effect on 1 January 2013.

Contracts (Rights of Third Parties) Bill in Hong Kong

  May 14, 2013     By Angela Wang & Co.
It has been argued that strict adherence to the doctrine of privity of contract produces unfair results. In many cases, the Court resorted to principles such as agency and trust to circumvent the doctrine of privity of contract.

A Quiet Danger: Three Common Types of Nursery Product Defects

  May 2, 2013     By Tolmage, Peskin, Harris & Falick
The CPSC reports that on average, 114 children die from nursery product injuries each year. This article examines the three types of product defects, as well as the victim’s and family’s rights after an accident.

Discovering Evidence in Criminal Cases

  April 30, 2013     By Patrick S. Fragel, Attorney at Law, PC
Every criminal defense in Michigan rests on the strength of the Prosecutor's evidence. Discovery is essential to a successful criminal defense strategy. Discovery is the stage where your Defense Attorney submits a written demand to inspect the evidence, and get copies of all reports. If the Prosecutor refuses to comply with the Discovery Demand, the Court may issue and Order Compelling Discovery, which directs the Prosecutor to release the evidence.

Possible Problems Concerning Choice of Forum Agreements in European Supply Chains

  April 25, 2013     By GRP Rainer LLP
The jurisdiction for the enforcement of claims may depend on whether a choice of forum agreement was reached between the parties.

The Cheapest Way to Divorce

  April 24, 2013     By The Law Offices of Scupp & Berman, LLP
The typical divorce process is very expensive and can cost upwards of $15,000. Using the method of divorce mediation instead, couples can save both time and money while ending their marriages.

Government Involvement in a False Claims Act Case

  April 23, 2013     By The Whistleblower Law Firm
Blowing the whistle on fraud that is committed at the expense of U.S. taxpayers is, generally, governed by the federal False Claims Act. The Act allows a private citizen to step into the shoes of and pursue a claim on behalf of the government.

No Impact on Whistleblower Claims after Off-Label Drugs Ruling

  April 19, 2013     By The Whistleblower Law Firm
Although off-label prescription drugs are involved in many False Claims Act cases, the Second Circuit Court of Appeals recent decision looks unlikely to have any major impact on whistleblower lawsuits.

Whistleblower Rewards: A Reason for Taking a Risk

  April 19, 2013     By The Whistleblower Law Firm
There are risks to blowing the whistle on illegal, corrupt or fraudulent business practices, but there are also protections and incentives built into the process as well.

Enforcement of Foreign Judgments in Turkey

  April 16, 2013     By Cindemir Law Office
This article aims to explain Enforcement Procedure and Conditions in Turkey. International private and civil procedure law of Turkey and Turkish Procedure Law are the main laws governing the procedure of enforcement of Foreign Judgments in Turkey. In this article, we’ll guide our readers based on the provisions of these laws. It is also important to note that Turkey ratified Convention on the Recognition and Enforcement of Foreign Arbitral Awards which apply to the cross-border enforcement.

Formal Requirements for Filing an Action Must Be Strictly Observed - Germany

  April 16, 2013     By GRP Rainer LLP
In its ruling of 7 December 2012 (AZ: 6 K 1736/10), the Rhineland-Palatinate Finance Court ruled that filing an action by e-mail may also be permissible without a qualified electronic signature.

The Effect of Government Intervention on a Whistleblower Award

  April 11, 2013     By The Whistleblower Law Firm
The False Claims Act was designed to provide an award to encourage potential whistleblowers to come forward and take steps to stop the waste of taxpayer dollars.

Motorcycle Crash

  April 11, 2013     By Howard Roitman & Associates
Motorcycle safety concerns many aspects of vehicle and equipment design as well as operator skill and training that are unique to motorcycle riding.

Liability of Directors in Canada - An Excerpt

  April 10, 2013     By Ellyn Law LLP
This an excerpt of the Canada chapter of International Liability of Corporate Directors, 2nd ed., Juris Publishing, Feb. 2013. Parts of the full chapter are excluded, including, offering corporations, corporate reporting, role of securities commissions, insider trading, prospectus violations, loans and liability insurance and indemnification. Please consult the full chapter. Information only not legal advice.

The Enforcement Order Procedure Can Serve to Simplify the Enforcement of Claims - Germany

  March 28, 2013     By GRP Rainer LLP
The procedure of enforcement orders can potentially be a simple and cost-saving alternative for businesses to enforce claims for payment.

Civil Litigation Procedures in Ontario, Canada

  March 27, 2013     By Ellyn Law LLP
This summary of Civil Litigation Procedures was prepared on the on the occasion of the 2012 Annual Conference of the International Network of Boutique Law Firms in Rancho Palos Verde, CA on Oct 12-14, 2012. The law and procedure are similar but not identical in the Canadian common provinces and territories but differs in Quebec which has a Civil Code. This summary is not exhaustive and is not intended as legal advice.

Effective Advocacy in Commercial Arbitration

  March 27, 2013     By Ellyn Law LLP
With the proliferation of international commercial arbitration and business arbitrations locally, a large body of rules, protocols, laws and conventions - formal and informal -- have developed. Litigation lawyers cannot assume they know the ins and outs of arbitration without learning how the details. This article reproduces the power point slides of a presentation made by the author at an Arbitration Advocacy seminar in October 2012. They are for information only and not legal advice.

Does a Heter Iska Increase the Risk of Litigation? - Canada

  March 25, 2013     By Wagner Sidlofsky LLP
Many Orthodox Jews involved in commerce face a challenge in complying with the Biblical prohibition against charging interest. Recognizing the problem the Rabbis created a legal document recharacterizing the "loan" as a commercial agreement & lender as an investor and the interest as shared profit. This agreement is called the Heter Iska. Given the different rights that flow from a loan the author poses the question -is there a litigation risk to a lender who signs a Heter Iska?

Sexual Harassment - How Safe Are You at Work?

  March 25, 2013     By Jayadeep Hari & Jamil
A survey showed that 7 out of 10 female employees were sexually harassed at their workplace. So, how safe are you at work?

The Role of Arbitration in International Business

  March 24, 2013     By Ellyn Law LLP
International commercial arbitration is the most common method for resolving disputes arising from agreements between businesses from different countries. In this presentation, the author describes the systems and procedures applicable to international commercial arbitration and helps business people understand what to expect.

Criminal vs. Civil Charges

  March 11, 2013     By Fisher & Talwar
A cab driver was taken to the hospital after being assaulted and battered by a customer who didn’t want to pay his fare. According to reports, the driver of the cab had just finished dropping off four customers when one of the customers pulled a handgun and used it to strike the cab driver in the head.

Oral Promises as Contracts

  March 11, 2013     By Fisher & Talwar
The former CFO of Sterne Agee Group, Inc is suing the Alabama based investment bank for breach of contract, among other allegations. According to court documents, former CFO Brian Barze worked as the CFO of another company which was grooming him for a CEO position when Sterne Agee approached him about the CFO position at its own company.

Lawsuit Settlement Funds: Pay Your Bills with Pre-Settlement Loans

  March 10, 2013     By Brent Adams & Associates
Lawsuit settlement funds allow victims to get money through means like pre-settlement loans with the help of a Dunn accident injury attorney. Get your money quickly.

Poorly Designed Headlights Leave Many Porsche Drivers in the Dark

  March 2, 2013     By The Whistleblower Law Firm
In less than a minute, the high-end headlights could be popped out with a screwdriver, leaving owners and lessees with vehicles that can’t lawfully be driven and that cost thousands of dollars to repair.

Technology in Litigation and its Cost Saving Ways

  February 12, 2013     By Olender Legal Solutions, Miami Court Reporters
Technology has become a staple in today’s legal industry by shaping and changing the way business is conducted.

Personal Injury Claims - How to Protect the Client after Settlement - Canada

  February 11, 2013     By Wagner Sidlofsky LLP
Car accident victims suffering from a catastrophic injury often cannot conduct their own affairs. If there is no power of attorney Court’s must approve both of the person being appointed as Guardian & the management plans. Any settlement agreement with the insurance company must also be approved by the court. To that point the system in Ontario effectively protects the best interests of the incapable person. The question is – what about afterwards?

Warranty Claims in Sale of Goods Law - Germany

  February 11, 2013     By GRP Rainer LLP
The Federal Court of Justice recently ruled on when a buyer has purchased a so-called “lemon” („Montagsauto“) and for this reason is able to revoke a concluded purchase agreement without setting a grace period.

2 Steps to Take When Served with a Summons and Complaint

  February 7, 2013     By Fisher & Talwar
Owning a business is not without certain legal risks. Businesses are vulnerable to the perils of being served with a business litigation summons and complaint at any time. Customers can think of all kinds of reasons to bring a lawsuit against a business.

Ontario Canada Limitation Periods - When is a claim Discovered?

  February 5, 2013     By Wagner Sidlofsky LLP
Arguably, Ontario's Court of Appeal decision, Ferrara v. Lorenzetti Wolfe Barristers & Solicitors [FN i], profoundly changed the law regarding limitation periods. In Ontario claims have to be started before the second anniversary on which the claim is discovered. Some say Ferrara stands for the proposition that a claim is not discovered when an unsophisticated litigant reasonably relies on the lack of advice given by his lawyers that such a claim can be made.

Spoliation: Destruction and Failure to Safeguard Evidence

  February 5, 2013     By Reeves, Aiken & Hightower LLP
At any trial, parties must show evidence to prove their claims. Sometimes, the most effective way, or even the only way, to prove a point is through physical or documentary evidence, e.g. the allegedly defective product in a products case, the weapon actually used in a criminal case, or patient files in a case of nursing home negligence. There are obvious motives to destroy such evidence, and destroying or failing to safeguard such evidence is known as spoliation.

Choosing a Day-Care Center for Your Child

  February 4, 2013     By Baumgartner Law Firm
Making the right choice of placing your child in someone else's care can always be a difficult decision. In fact, there are many important factors to take into consideration when planning to choose a day care center for your child.

Defective Product Liability Stemming from Failure to Pull Product from Shelves

  January 26, 2013     By The Miley Legal Group
Defective product liability stemming from failure to pull product from shelves may require the services of personal injury lawyers in Clarksburg.

Litigation in Dominican Republic

  January 14, 2013     By Mesa & Mesa Law Firm
The system of civil and commercial liability in Dominican Republic is based on the French Civil Code of 1804. The litigious process is an adaptation of 19th Century French civil procedure legislation with a certain number of updates and modifications.

Absolutly Pure competition

  January 9, 2013     By Cai & Lenard
The global brands can assert the rules of fair competition in Ukraine.

Orders and Awards in Commercial Arbitration and Related Court Proceedings - Canada

  December 4, 2012     By Ellyn Law LLP
The authors discuss the impact of an important decision of the Ontario Superior Court concerning an arbitrator’s jurisdiction to make orders affecting non-parties and related matters. Also discussed is the enforcement of an award under section 50 of the Arbitration Act.

Change of Claim - Indonesia

  December 2, 2012     By Leks&Co
Herzeine Inlandsch Reglement ("HIR") and Reglement Buiten Govesten ("RBg") do not regulate the provisions of changing of claim. The legal basis for changing of claim is regulated under Article 127 Reglement op de Rechsvordering ("Rv").

Exception of Competence to Judge - Indonesia

  December 2, 2012     By Leks&Co
Exception, in Civil Procedural Law context, has the meaning as an objection. Exception can also be defined as a defense (plea) proposed by the defendant against the plaintiff’s claim.

Enforcement of Foreign Judgments in Belgium

  December 2, 2012     By Mul Law Offices
A judgment may be enforced in the Country or State of its origin. Obtaining a judgment in Country A and having to enforce it in Country B, as the debtor has its assets in that Country isn't that easy as a legal decision of a foreign State will not automatically be accepted as a legal title. Most of the time (and unless treaties have been signed to facilitate things) it will be necessary to obtain a decision of the other Country. This is called the EXEQUATUR of a foreign decision.

Did Lawsuit Get Filed in The Right Place?

  November 30, 2012     By Wischmeyer Law Office
In the age of the internet, filing lawsuits has become more complicated. Consider the scenario where you order a product from a website and the company is from out of state or maybe you are working with an vendor or supplier that is located out of state. Some dispute arises and a lawsuit is imminent. Where should the lawsuit be filed?

Video Deposition Formats - What They Are and How to Choose

  November 28, 2012     By Olender Reporting
This article was written to help explain the various video formats available to attorneys after conducting a video deposition.

New Law Provides for Quicker Resolution of Alabama Personal Injury Claims

  November 26, 2012     By Drake Law Firm
This article discusses a new law in Alabama allowing parties to hire a private judge to preside over certain cases, including non-jury personal injury claims. In addition to providing details of the new law, this article also identifies the benefits that a personal injury claimant may reap from utilizing the new private judge system.

Cosigner Liability in Chapter 7 Bankruptcy

  November 16, 2012     By Warren & Migliaccio, LLP
Chapter 7 bankruptcy does not erase cosigner liability. Cosigners may still have to pay your debt. Chapter 7 bankruptcy attorneys near Plano, Texas can explain.

Defending Interests of Foreign Companies in Ukrainian Courts: Theory and Practice

  November 8, 2012     By Frishberg & Partners
Welcome to the conference hall of the Investment Company Sigma Bleyzer. We have an interesting topic for you today, a topic that is interesting in any country, but especially so in Ukraine. Our topic today is how to protect foreign investors in Ukraine and what legal support is available from professionals. My name is Alexander Pavlov, head of the Ukraine-Israel Business Council.

New Liability for Company Officials in the Ukraine

  November 8, 2012     By Frishberg & Partners
We would like to inform you that the Law of Ukraine No. 3454 “On Amendments to Certain Legislative Acts of Ukraine to Increase Liability for Violation of Personal Data Protection Law” comes into force on July 1, 2012. The key provision of this law establishes liability for company officials in case they fail to register personal data base with Ukrainian authorities.

Contractor-Friendly PA Mechanics' Lien Change

  November 7, 2012     By The Martin Law Firm, P.C.
A recent Pennsylvania Superior Court decision may have very well changed the PA Mechanics’ Lien Law dealing with repayment priority, to the benefit of the contractor, when a construction project takes a wrong turn. A mechanic's lien is a security interest that is placed on the title to property for the benefit of those who have supplied labor or materials that improve that property. 49 P.S. § 1101 et seq.

The World Awaits - Samsung Versus Apple

  November 7, 2012     By Reitz Worldwide, Hong Kong Court Reporters
Without a doubt one of the biggest legal battles to take place this year is that between South Korean Samsung Electronics Co and Apple. The two lawsuits, one by Samsung against Apple and one by Apple against Samsung had been scheduled for Friday morning, but jaws dropped around Seoul Thursday afternoon when the court decided last-minute to postpone a verdict.

Love, Hate or Litigate Apple’s Ms ‘Siri’?

Another day, another litigation over patenting laws. Introducing ‘Siri:’ Apple’s computer voice search-and-speak technology inside newer iPhones, iPads and iPod Touch devices. Those of us with IPhones will know the joys and blunders of this so called revolutionary talking app. Our personal ‘Siri’ experiences aside, the little voice of wisdom is already getting herself in trouble.

The Enforcement of Arbitral Awards in China

  November 7, 2012     By MMLC Group
This article looks at the issues associated with the enforcement of arbitral awards from the Hong Kong International Arbitration Centre, and the Singapore International Arbitration Centre, in the People's Republic of China. Arbitration can be an effective mechanism to resolve civil and commercial disputes. Many choose to use arbitration as it is confidential in nature, possibly more predictable and manageable.

Product Liability Cases of Interest from 2011 and 2012

  November 6, 2012     By Law Offices of Robert J. McGuirl, LLC
New Jersey federal and state courts and the U.S. Supreme Court, in addition to a federal court in New York, have issued a number of opinions regarding products liability and related issues since the beginning of 2011. Below is a synopsis of some of the more interesting and important of those decisions.

Commercial Letter of Credit

  November 6, 2012     By Zorlu Law
Examining Contracts Arising Under the Commercial Credit Transaction (Letter Of Credit) Commercial credits are most commonly used in the international transactions areas. Its main future is that; it gives security both the exporter (seller) and the importer (buyer). The Seller knows that, he will get paid if he completes his duty properly. The buyer, on the other hand, can ensure to part his money before the goods are received.

Laws Governing International Commercial Arbitration and Associated Risks in Kazakhstan

  November 5, 2012     By Grata Law Firm
The main statute governing international arbitration in the Republic of Kazakhstan (hereinafter "RoK") was introduced in 2004. However, the growing interest in the resolution of disputes by means of international arbitration is only a recent development. In addition to those who would traditionally pursue this route, such as foreign companies or subsidiaries located in the RoK, an increasing number of Kazakhstani companies are considering international arbitration.

Five Steps to Avoid and Minimize Probate and Trust Disputes

  October 29, 2012     By Jaburg Wilk
Litigators can be beneficial when there are disputes over probate and trust litigation. Probate and trust litigation can turn families into enemies and convert inheritances into attorneys’ fees. These disputes can fueled by sibling rivalry, blended families, family grudges, financial need, entitlement, revenge, greed, or spite.

Painful Hip Injuries from Skechers Shape-Ups

  October 29, 2012     By Estey & Bomberger, LLP
One of the side effects of wearing uneven, rocky shoes is pain related to excessive pressure and stress. Skechers Shape-Ups and similar toning shoes can cause hip pain because its rocker bottom sole design can cause the wearer to strain more muscles and distribute their weight in an unnatural way that can cause severe hip injuries.

Contractual Attorney Fee Awards May be Contested

  October 26, 2012     By Jaburg Wilk
The Court of Appeals has held that even where there is a contractual fee shifting provision, that the court retains discretion to limit any award to a reasonable level. Successful parties will have to be ready and able to prove that requested fees are reasonable, even where the other party has expressly agreed by contract to pay all fees.

Executive Enforcement Procedure - Ukraine

  October 26, 2012     By Frishberg & Partners
In order to initiate the executive enforcement procedure, the judgment holder must present to the state enforcement service the enforcement order of the commercial court along with an application and, if applicable, the court decision to permit enforcement of a foreign court decision or the arbitration court decision.

Possible Defenses to Enforcement of Foreign Arbitration Awards - Ukraine

  October 26, 2012     By Frishberg & Partners
According to Article 35 of the Law of Ukraine “On International Commercial Arbitration,” an arbitration award, regardless of the state of origin, is recognized as mandatory (binding) and, after submission of a written petition to a competent court, is subject to enforcement.

Enforcement of Foreign Arbitration Awards - Ukraine

  October 26, 2012     By Frishberg & Partners
A. Applicable Ukrainian and International Treaties - Article 390 of the Code of Civil Procedure of Ukraine provides that the procedure for enforcement in Ukraine of foreign court judgments and foreign arbitration awards is determined by the corresponding international treaties of Ukraine and the laws of Ukraine. In the absence of an international treaty, such judgments or awards may be enforced on the principle of reciprocity.

Arbitration Options for Foreign Investors - Ukraine

  October 26, 2012     By Frishberg & Partners
Recognizing that Ukraine is a young nation without a long history of rendering and enforcing international commercial arbitral awards involving foreign investors, Western parties naturally prefer dispute resolution to take place in an impartial third country, such as the United Kingdom or Switzerland. Considering the current Ukrainian economic climate, however, decisions concerning the place of arbitration must be made in light of each particular transaction.

Recognition and Enforcement of Foreign Court Awards - Ukraine

  October 26, 2012     By Frishberg & Partners
On January 15, 2002, foreign investors were provided with another option for settling any disputes with their Ukrainian counterparts with the coming into effect of Law No. 2860-III “On the Recognition and Enforcement of Foreign Court Decisions in Ukraine,” dated November 29, 2001.

Ukrainian National Court System

  October 26, 2012     By Frishberg & Partners
Like all of its legislation, Ukraine inherited its court system structure from the Soviet Union. Only recently the court system has begun undergoing reforms with the passage of a number of laws. The initial steps were made on June 1, 2001, with the passage of amendments to various laws, including Law No. 1789-12 “On the Prosecutor’s Office,” Law No. 1142-12 “On Arbitration Courts,” Law No. 2862-12 “On the Status of Judges,” etc.

Arbitration Legislation in Ukraine

  October 26, 2012     By Frishberg & Partners
Recognizing the general rule that “everything always goes wrong at the worst possible moment,” large multi-national companies often agree to resolve their disputes with each other in an international, and therefore presumably unbiased, arena.

Raiding in Ukraine

  October 26, 2012     By Frishberg & Partners
It’s funny how things change. Just a few years ago, foreign companies flooded into Ukraine, driving up the prices of everything – buildings, factories and land. Now, just a few years later, Ukraine is considered to be a high-risk country with a notoriously difficult business environment. Unfortunately, this is a fair assessment, and it’s largely due to systematic government corruption and bureaucracy.

You Need a Lawyer When Coming into China

  October 26, 2012     By Shandong Ya & Tai Law Firm
Now the world is becoming small, there are many people want to live in foreign countries, especially the developing countries, China, there are many opportunities in here, but the risks are exist at same time. So find a attorney before you go abroad. This is the true fact that I met during my attorney practice, for the secret of the person, I do not use the true name of the person.

The United Nations Convention on Contracts for the International Sale of Goods (CISG)

  October 24, 2012     By Zorlu Law
Formation of the contract under the Vienna Convention on Contracts for the International Sale of Goods 1980 (CISG) in comparison with Turkish Code of Obligations. 1 – General - The United Nations Convention on Contracts for the International Sale of Goods (CISG) was signed in Vienna on 11th April 1980 by the United Nations and entered into force on 1st January 1988.

Considerations in Burn Injury Cases

  October 19, 2012     By Fisher & Talwar
We surround our lives with them every day – furniture, appliances, and toys. We trust our products to be good, properly manufactured and safe. Unfortunately, not all products are safe. Some result in life-altering burns more frequently than we’d like to admit. Polyurethane, a type of foam found in household furniture is a highly flammable material.

Turkey: Collection of the Footballers’ Receivables

  October 19, 2012     By Dogancali - Attorneys at Law
This article summarises the legal remedies available to both Turkish and foreign players for the collection of their receivables in Turkey.

Purchaser's Guide When Doing Business in China

  October 19, 2012     By Shandong Ya & Tai Law Firm
As an international trade attorney in China, I have tackled many case of international trade dispute. I think if buyer has advice before buying goods in China, then they can have successful business, if not, they will lose thoroughly.

Women Get Walsmart at Walmart

  October 17, 2012     By Olender Legal Solutions, Miami Court Reporters
In the county of Palm Beach, a class action lawsuit has brought to the surface the injustice of Walmart Stores, which are said to be cutting on women’s pay and opportunity for promotion in comparison to men. The lawsuit involves 11 Florida women, including one each from Palm Beach and Broward counties seeking compensation and a court order telling Walmart to end what they are calling ‘gender discrimination.’

What to do After Tearing a Ligament From Wearing Skechers Shape-Ups

  October 17, 2012     By Estey & Bomberger, LLP
Up until recently, Skechers, USA has been profiting tremendously from the toning shoe craze that hit U.S. markets. With an estimated $10 million in sales from 2011 alone, the leading toning shoe manufacturer made billions in profit from the sale of potentially dangerous shoes.

Trusts: An Alternative to Wills in Jamaica

  October 13, 2012     By Banjoko McGlashan Wieslaw
Trusts are versatile, money saving instruments that are widely used to save on estate tax liability, ensure privacy, and provide for special needs in all situations. They must be explored as an alternaive to wills. What is a Will? - A will is a legal instrument that permits a person to make decisions on how his possessions will be managed and distributed after his death.

Protecting and Growing Your Business in Jamaica - Legal Perspective

  October 13, 2012     By Banjoko McGlashan Wieslaw
Operating a successful business in Jamaica is difficult. Therefore, protecting your business requires the skillful and balanced use of legal and non-legal advisers at all times. Bottom line, lawyers are indispensable to avoid litigation, wasting time and financial resources, damaged brand, protecting intellectual assets, protection of trade secrets, and governmental fines. Positively, your business could be placed in a position to reap many value enhancing benefits.

Have You Lost a Loved One After a Fatal Accident in an Industrial Accident or Traffic Collision - Bahamas

  October 12, 2012     By Parris Whittaker, Attorney at Law
The media often covers the tragic death of someone at an industrial workplace, in a traffic collision or at sea. In June this year, a US cruise passenger drowned in the Bahamas during a cruise visit whilst snorkeling; and a Carnival passenger was killed last year on a jet ski rented in Nassau.

Applying for a Mareva Injunction to Freeze your Debtor’s Assets in the Bahamas

  October 12, 2012     By Parris Whittaker, Attorney at Law
Do you suspect there a risk your debtor will disperse his assets to frustrate a future judgment in your favour and prevent settling his debt? If the answer is ‘Yes’, you need urgent legal advice so that an application for a temporary injunction freezing those assets (a Mareva injunction) can be made to the court. The experienced commercial litigation lawyers at Parris Whittaker are experienced in successfully applying for Mareva Injunctions on behalf of our clients.

Supreme Court of Missouri Nominees Announced

  October 12, 2012     By The Law Offices of Michelle M. Funkenbusch
We will have a new Supreme Court Justice in the State of Missouri come this December. The Honorable Richard B. Teitelman, chief justice of the Supreme Court of Missouri and chairman of the Appellate Judicial Commission, announced that the commission selected its panel of nominees to fill the vacancy on the Supreme Court of Missouri.