A blog about the work lawyers do to win commercial disputes by Will Newman
Filtered by Category: Interviews
Unlike common-law systems where paying the other party’s legal fees helps limit unnecessary litigation, each party pays its own legal fees in Uruguay. There are two exceptions: judgment enforcements and egregious behavior.
Read MoreAn advantage of the courts in Hong Kong is that they maintain strong judicial independence. On the other hand, there is a high risk and cost of litigation, and it can take three to four years to get to trial.
Read MoreAs English French and Creole are all national languages of Seychelles, legal proceedings could include any one of them. However, English is the language used in court. So if a witness speaks Creole or French, they will be provided an English-language interpreter for the court record.
Read MoreLithuania’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.
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