Filtered by Category: Interviews
The 2022 reforms to the justice system includes the establishment of a Commercial Court which was approved in Parliament in May 2022. The Commercial Court will be comprised of judges with experience in commercial matters. It will examine cases involving “commercial disputes” relating to claims over €2.000.000, but in addition, irrespective of the amount in dispute, the Commercial Court will have jurisdiction to also hear all matters relating to competition law, intellectual property, and arbitration.
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Court fees tend to be a problem. The filing fees are based on the amount in dispute and there is no limit. They could be tens of thousands of euros or more and there are separate fees for appeals. We had a case involving the recognition of a nine million euro foreign arbitral award and for the appeal alone, we had to pay 45,000 euros in court fees.
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Although Islamic Dispute Resolution organizations are relatively new here in the US, I must say there have been individuals and Islamic scholars who have provided service in this field for many years. Specifically, there have always been Imams and community leaders who have helped resolve community and family disputes. Their work has been a motivation for me to also serve in this area and make further progress by establishing a more formal structured organization.
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There are trials, but they do not look like American trials. In fact, canonical trials much more resemble continental European trials, especially in that canonical trials are largely document-based with little, often no, direct confrontation between sides and witnesses.
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In general, court hearings must be open to the public, which means that they must be accessible to the public and the media. However, in specific cases (to protect public health, morals, safety or other interests of the parties, persons close to the parties or witnesses), the public and the media may be excluded for all or part of the hearing.
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Federal Iraq has a Federal Supreme Court, which is the court of highest decree in the country. The Kurdistan Region does not have a similar counterpart; however, we can have our cases heard at the Federal Supreme Court as well.
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Lawsuits are submitted to the Commercial Courts based on the type of dispute. Courts monitor real jurisdiction ex officio, so as soon as the Court receives a complaint, it must first check whether it actually has jurisdiction.
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There is no pre-trial discovery in Iran. The first time a litigant sees opposing witnesses is at the trial before the judge. I can, however, use the electronic platform to review the documents opposing litigants submit to a court.
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Lower-level courts often consult with the higher-level courts before trial to be assured that their judgments will not be appealed, which works quite well for simple disputes. But when it comes to complex disputes between large corporations, the lower-level courts cannot really issue an unappealable judgment.
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A strength of the Kenyan courts is the use of mediation. In an effort to maintain relations, the court often sends parties to Court Annexed Mediation, since it’s a faster route to resolve disputes. Another strength is that the parties are given a limited timeline to exchange documents, which prevents parties from dragging the case along.
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Lower-level courts often consult with the higher-level courts before trial to be assured that their judgments will not be appealed, which works quite well for simple disputes. But when it comes to complex disputes between large corporations, the lower-level courts cannot really issue an unappealable judgment.
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The strength of Kazakh courts for resolving commercial disputes lies in availability of various specialized courts. We have commercial courts for disputes between businesses, companies, and sole proprietors. We also have administrative courts for disputes between businesses, companies, and sole proprietors, on one hand, and governmental bodies, on the other hand.
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