Recording and re-use of testimonies in Norwegian courts

Disputes | 15 October 2019

In recent years, Norwegian courts have transitioned to near-full electronic communication between the parties and the courts. Court hearings are more and more often paperless, and the use of long-distance meetings and examinations by way of video link is increasing. In this article, we put the spotlight on another aspect of digitalisation that is currently being tried out in Norway: video recording of court testimonies and, as a main rule, mandatory re-use of the recordings in the court of appeal. [Continue Reading]

Special commercial proceedings: in-court reorganisation and cross-border insolvency in Mexico

Disputes | 15 October 2019

The main methods of resolving commercial disputes in Mexico are: ordinary commercial trial, executive commercial trial, special proceedings, oral commercial trial, bankruptcy proceedings (concurso mercantil), arbitration, and mediation. [Continue Reading]

Luxembourg SIFs: the investment vehicle of choice to structure third-party funding activities

Disputes | 15 October 2019

Basic principles of third-party funding

Over the past 30 years, third-party dispute funding has experienced an exponential growth in civil and common law jurisdictions. As the common law doctrines of maintenance and champerty were softened or even abolished (most often in the context of international arbitration proceedings), third-party funding became a viable option for companies that cannot otherwise afford the costs of bringing the dispute forward, and for companies that prefer to take the legal costs off their books (for example to free up funds for other investments) by diverting the costs of the dispute to a third-party in exchange for a percentage of the anticipated proceeds. [Continue Reading]

Enforcing foreign arbitral awards in Turkey – not so easy and not so cheap

Disputes | 15 October 2019

Turkey markets itself as an arbitration friendly country and, as parliamentary reports indicate, this is premised on its goal to foster foreign trade. However, its courts do not always practise what the state preaches and it may become quite burdensome and costly to try to enforce foreign arbitral awards. [Continue Reading]

Civil court delays: assessing new remedies to speed up Romanian disputes

Disputes | 15 October 2019

  1. As referred to in its case law, the European Court of Human Rights has imposed an obligation on states to provide a mechanism to prevent or remedy excessive length of judicial proceedings. Also, in several resolutions, the Council of Europe’s Committee of Ministers has stated that ‘excessive delays in the administration of justice constitute an important danger, in particular for the respect of the rule of law’1. Thus, when the new Romanian civil procedural code came into force, one of the main purposes was shortening the duration of judicial proceedings. [Continue Reading]

28 USC §1782: a powerful tool for obtaining US discovery in aid of foreign proceedings

Disputes | 15 October 2019

A key distinction between US and non-US litigation is the liberal discovery available to parties in the United States. However, non-US litigants have a powerful tool that can provide the benefit of US discovery rules to obtain broad discovery for use in proceedings abroad. United States Statute 28 USC §1782 empowers a district court to order a person who either ‘resides’ or ‘is found’ in the court’s district to ‘give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal.’ This article explains the requirements that a §1782 application must satisfy and what type of discovery can be expected if the application is granted. [Continue Reading]

Class actions in Israel – a cautionary tale for international corporations

Disputes | 15 October 2019

Class actions are a widely-used litigation practice in Israel and have been so for years. Illustratively, in each of the last three years, over 1,200 new motions to certify class actions were filed. Many of these claims were filed against multinational and foreign corporations concerning their operations in Israel. In fact, one might struggle to name a major entity operating in Israel that has not been the target of a class action at some point. [Continue Reading]

Hungary – discouraging litigation?

Disputes | 15 October 2019

Since 2018, Hungary has a new act on civil court procedures (Act CXXX of 2017 – the Act) which has brought about significant reforms after 50 years. The reforms were aimed at healing previous shortcomings, such as lengthy and tedious procedures, and making court cases concise, yet professional in quite a tight structure. As almost two years have passed since then, it is time to examine how real-life court procedures have changed, if at all. [Continue Reading]

Major changes to Taiwan financial services – sandbox experiments, token offerings and internet banks

Finance | 15 October 2019

The Taiwan government has been actively promoting fintech development and there have been several major developments recently. The primary regulator of the financial services industry, the Financial Supervisory Commission (FSC), introduced the ‘regulatory sandbox’ in 2018 and several fintech experiments have been launched since. In June 2019, the FSC announced that it will regulate security token offerings (STOs) as ‘securities’. On 30 July 2019, the FSC granted internet bank licences to three consortia, which are led by Chunghwa Telecom, Line and Rakuten respectively. The competition between the different new technologies in the Taiwan market is expected to be the next hot topic. [Continue Reading]