Litigation
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Recent papers in Litigation
Earlier this year, Sterling Law sought and obtained summary judgment against a former client who refused to pay monies she admitted she owed. She subsequently appealed against the judgment on the basis that the bill she had been provided... more
Driven by their members’ demands and the need to adopt more combative legal strategies in order to oppose the deterioration of working and employment conditions, British trade unions have developed in-house legal expertise and supported... more
The nature of the arbitration agreement in most legal systems (at least legal systems other than common law) is somewhat unclear. Presently, it is not possible to make any decisive statements as to which theory is the only correct one. On... more
Cuadro analitico de los recursos o medios de impugnacion contra resoluciones en juicios mercantiles
შრომითსამართლებრივი დავებისას საქართველოს სასამართლოების არაერთგვაროვანი პრაქტიკა ხელს უშლის, ხშირ შემთხვევაში კი შეუძლებელს ხდის რეალიზდეს მოსარჩელეთა კონკრეტული, კანონისმიერი უფლებები, რომლებიც დაკავშირებულია დამსაქმებლის... more
On the basis of presentation and analysis with respect to Vietnam and the United States criminal procedural process, especially making litigation before the court, the author comments a number of legal issues relating to Vietnam's... more
The case of Bridgeman Art Library v. Corel Corp (1999) provides a useful prism through which we may analyse the application of copyright law in relation to concepts such as originality and the Public Domain. An extensive discussion of the... more
How should courts treat medical bills in Illinois and what does "fair and reasonable" mean in a system where gross overcharging is the norm?
We can conclude that non-state rules may include both lex mercatoria, i.e. the law of international merchants, which is not perceived in any uniform way, and currently perhaps also selected rules of EU law, provided that no legal... more
The Oscar Pistorius trial was one of the most publicized trials in recent times. This article reviews the decision of the South African court and engages in a brief comparison between the South African and Jamaican criminal justice system.
How Can The UAE Judicial System Be Developed?
Introduction to draft PhD. The “windmill attack” is a black-market strategy that uses hostile aggressive parenting, fraudulent litigation, protection orders and forensic reports to capture the coercive power of the state on behalf of a... more
In September 2017, the UAE Minister of Justice passed the new Executive Regulations to the UAE Legal Profession Law no. 23 of 1991. The 2017 Regulations restrict the ability of foreign counsel to appear on behalf of arbitrating parties in... more
A campaign update of the victories of Familias Unidas por la Justicia.
En esta presentación realizada en la Universidad Central de Quito (Ecuador) se analizan los principales aspectos de la audiencia preliminar del proceso ordinario o fase 1 del proceso sumario, al amparo del nuevo COGEP recientemente en... more
International treaties therefore have priority over provisions of domestic origin (domestic lex arbitri). This mainly concerns two conventions, namely the New York Convention (1958) and the European Convention on International Commercial... more
The paper periscopes sources and resources for environmental justice and human rights. It deconstructs and de-limits relevant concepts in the discourse, apart from identifying the nexus between environment, environmental justice and human... more
This article intends to determine the level of awareness and use of alternative dispute resolution (ADR) methodologies for dispute settlement during building procurement in Lagos State, and then recommend a proper and effective conflict... more
This paper is an excerpt from the book “The young Lawyer, Ethics & Practice” by Ashu Hailshamy. It is a chapter of the said book and was carefully chosen by the author to share more knowledge on the lawyer’s duty to the court. As... more
This paper includes; INTRODUCTION TO LIS PENDENS -What is the meaning? -What is the definition? -What is the aim of this doctrine? IN LIGHT OF Transfer of Property Act 1882? -What are the object and the scope? -What are the essentials?... more
All parties to a case have the right to be heard and to conduct its case to the best of its capacity. Many a time, a party after leading evidence and close of same would deem it appropriate to open its case due to some reasons/ grounds... more
Giri and the Japanese Legal Consciousness
La realización de concursos de litigación oral en materia penal se ha ido popularizando en las Escuelas de Derecho (ED), a partir de algunas competencias desarrolladas por instituciones como ABA ROLI, ACCESO CAPACITACIÓN e INACIPE.... more
Parimi i propocionalitetit ose drejtpeshimit është një ndër parimet më themelore të së drejtës. Ky parim themelor i së drejtës, renditet menjëherë pas tre vlerave të një sistemi ligjore dhe përfaqëson një nga normat juridike më të... more
Legal Education in Nigeria: A Chronicle of Reforms and Transformation Under Tahir Mamman written by Ernest Ojukwu and published in 2013 is a case study of change that tells the story of opportunities to transform legal education in... more
Área do Direito: Digital Resumo: O uso da tecnologia para otimização e aprofundamento das práticas jurídicas já é uma realidade, em especial, no sistema processual brasileiro, onde a padronização e a burocracia que caracterizam a... more
Over the years, we have seen and heard of corrupt Directors forging the minutes and resolutions of a company in other to fraudulently obtain loans from banks. We have heard and seen forceful takeovers without proper resolutions only for... more
Most Muslim-majority countries have legal systems that enshrine both Islam and liberal rights. While not necessarily at odds, these dual commitments nonetheless provide legal and symbolic resources for activists to advance contending... more
Climate Change Litigation. Max Planck Encyclopedia of International Procedural Law (EiPro), Hélène Ruiz Fabri (ed.), Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, 2019,... more
Despite the high expectation for the shareholder derivative action to play an important role in improving corporate governance in China, only one lawsuit has ever been brought since it was formally introduced in 2005, so far as listed... more
This paper attempts to define the environment. In so doing, it will examine if there is any link between the environment and environmental laws in one hand and on the other hand, between the environment and human rights, and delineate the... more
Successfully obtaining a judgment or arbitral award may not be the final step in asserting a claim. Extra enforcement measures may be required when the losing party refuses to abide by the terms of a ruling. In international commerce,... more
This is perhaps the first research project on Specialised Environmental Courts for Nigeria