Filtered by Category: Interviews

Litigation in Denmark

Litigation in Denmark

The Danish courts have been overwhelmed with cases the last few years. There is currently a focus on expediting cases concerning violence, weapons and sexual abuse. Thus, the civil cases are scheduled for hearing before a judge 15-24 months after the initial pleading/subpoena.

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Litigation in England and Wales

Litigation in England and Wales

The law of England & Wales only applies in England & Wales. There is no UK legal system as such. The Scottish legal system is quite different to that of England & Wales and of Northern Ireland, in that it is not based on common law principles, rather it is based on Roman law and is similar to the continental European systems. It has adopted certain aspects of the English system and is now a form of “hybrid” civil/common law system. It also has a split profession.

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Litigation in France

Litigation in France

French courts do not reimburse all of a prevailing party’s legal fees, but the court can award a very high amount (over a hundred thousand Euros) in the commercial court. The reimbursements are less, and mostly symbolic in other courts, like the employment, civil, criminal, and administrative courts.

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Litigation in Cameroon

Litigation in Cameroon

In Cameroon, some courts follow the common law system and others follow the civil law system. This is due to the bijural nature of the country that dates from time of colonisation by Britain and France. In the Supreme Court, common law and civil law judges sit together as a panel to hear matters. Each type of judge decides matters concerning their legal system.

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Litigation in Native American Tribal Courts

Litigation in Native American Tribal Courts

Tribal courts will hear contract cases if there is a clause in a contract in which the parties agree to tribal court jurisdiction. They generally will honor contract forum selection clauses, but if there is a non-sophisticated party that didn’t understand the contract when he or she signed it, the tribal court may disregard it.

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Litigation in Saudi Arabia

Litigation in Saudi Arabia

The court may apply foreign law as long as it does not contradict or conflicts with Saudi law or Sharia. This is because the first article of the Saudi Litigation Law says that "courts shall apply the provisions of Sharia to cases brought before them, as derived from the Quran and Sunnah, and State laws not conflicting therewith. Proceedings before such courts shall comply with the provisions of this law. Therefore, when applying a foreign law, the court will make sure it does not conflict with the laws of Saudi Arabia or Sharia.

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Litigation in India

Litigation in India

According to the Constitution of India, unless the Parliament by law provides otherwise, all proceedings before the Supreme Court and in every High Court shall be conducted in English. In some exceptional cases where some other language is used during the proceeding in a High Court, the judgment in any event must be delivered in English.

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Litigation in Jewish Rabbinical Courts

Litigation in Jewish Rabbinical Courts

In some commercial cases, like employment cases with schools, our rabbis’ familiarity with the culture is important. And there are many situations in disputes where pure Jewish law applies and Beth Din judges have the competence to decide that in a way that secular courts don’t.

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Litigation in Israel

Litigation in Israel

Israel does not have much evidence exchange before trial.  The only requirement is that parties to a dispute are obliged to forward relevant documents to their counterparty.  Then, after the last pretrial hearing, the judge usually orders the parties to file their evidence with the court by sworn affidavits.

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Litigation in Dubai

Litigation in Dubai

Each of the seven emirates maintain the right to choose either to participate in the Federal Judiciary or to maintain its own local judicial system. The emirates of Sharjah, Ajman Fujairah and Umm Al Quwain follow the federal judicial system.

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Litigation in Brazil

Litigation in Brazil

If there are disputed technical issues in a lawsuit in Brazil, the parties may ask the judge to appoint an expert. In that case, the parties write questions to this expert, who prepares a report giving his opinion on the matter and answering the parties’ questions.   

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Intellectual Property Litigation

Intellectual Property Litigation

Disputes regarding intellectual property can range from interpreting a license agreement or non-disclosure agreement, to stopping infringement, to seeking damages for infringement, to exploring potential business opportunities with an infringer, or a combination thereof.

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