A blog about the work lawyers do to win commercial disputes by Will Newman
Filtered by Category: Interviews
Lithuania’s private law has been a mixture of rules from Germany, France, and Netherlands. In 2004 when Lithuania joined the EU, they not only adopted the regulations that apply to all member states, but they amended other national laws to align with European principles. Today, Lithuanian commercial law is European and modern.
Read MoreLebanon has a first instance court, which is like a county court in the United States. After that, a party can appeal to an appeal court, an after that there is the Cassation court, which is derived from the French court system. That court only hears cases, though, when the appeals court judges disagree or when there was an error at the appeals court.
Read MoreLiechtenstein has enforcement agreements only with Austria and Switzerland, except in arbitration matters where it has joined an international enforcement convention. In civil proceedings without arbitration, it may therefore be necessary to re-litigate the case entirely in Liechtenstein.
Read MoreThere are a few cases of procedures for the independent production of evidence to be used in a forthcoming arbitration, which are not usual in a civil law jurisdiction. Documentary evidence is filed in the case docket. In case the tribunal grants document production, depending on what's produced, it's for the tribunal's eyes only, it's blackmarked, or it’s filed for all access.
Read MoreAt present, paper filings are still required in Kyrgyzstan. Pleadings must be submitted in person or by courier. There is no nationwide electronic filing system for courts yet, although limited email communication is sometimes allowed.
Read MoreLawyers are required to wear a robe during hearings—it is very similar in shape and color to the traditional French robe, reflecting the influence of civil law traditions in Egypt.
Read MoreOur national procedure system (or Procedure Code) establishes two big ways of producing evidence before trial, even though both of them requires the involvement of the judge and, in one of them, of the counterparty also.
Read MoreLawyers do not wear a robe and should instead wear formal business dress, though sometimes they dress casually.
Read MoreI find the bar down here to be pretty genteel, but that may just be true of most smaller jurisdictions that are not trying to be high-powered legal centers. When I started down here it was perhaps better dressed than NYC (most people still wore suits to the office), but that’s largely faded away and we’re business casual like everywhere else.
Read MoreSince each side bears their own legal fees, there is a tendency for defendants to delay proceedings. They may hire a cheap lawyer to litigate and appeal as a means to delay their obligation to pay or dissuade a claimant from pursuing litigation.
Read MoreFrom the complaint to the judgment, the deadline can last up to three months if there aren’t any strikes. Often times it is the clerks who are on strike, other times it is the judges or bailiffs to claim salary adjustments (raises) or better working conditions.
Read More"Eðli máls" (the nature of the case) is a recognized source of law in Icelandic legal practice. It is used when there is no explicit statutory provision, precedent, custom, or other clear legal source that directly applies to a particular legal issue. When courts or legal professionals rely on "eðli máls," they base their decisions on reason, fairness, and general legal principles to determine a just and reasonable outcome.
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