Expert Guides - Litigation

Developments in class action litigation in Australia

In the past few years, there has been increased interest and hype in and around class actions in Australia

23/03/2016 Colin Loveday, Clayton Utz, Australia Grace Thangasamy, Clayton Utz, Australia

Lost in Translation: International Sanctions in Bermuda

On 29 January 2016, Bermuda’s Supreme Court handed down its ruling in Cornhill Natural Resources Fund Limited v Libyan Investment Authority, et al, [2016] SC Bda 9 (Com), a case concerning the meaning and effect of the Libya (Restrictive Measures) (Overseas Territories) Order 2011

22/03/2016 Ben Adamson, Conyers Dill & Pearman, Bermuda

Recovery of Legal Costs in Russian Litigation

Unlike the traditional “American Rule” whereby attorney fees are not awardable to the winning party, Russian statutory and case law adhere to the “loser-pays” principle meaning that a Russian court awards legal costs against the losing party

22/03/2016 Alexey Barnashov, Mannheimer Swartling, Russia

Bankrolling Litigation: the status of litigation funding in Australia

The proliferation of class action law suits in Australia has created a lucrative environment for litigation funders

22/03/2016 Nicholas Mavrakis, Clayton Utz, Australia

New good-faith duty of honesty in contractual performance

There is more to contracts in Canada than the words on the page. With its very recent decision in Bhasin v Hrynew (2014 SCC 71), the Supreme Court of Canada has reshaped the way that Canadian courts will look at contractual performance. In a unanimous decision, the Court: (1) recognized good faith...

01/04/2015 Jeffrey S Leon, Bennett Jones, Canada William A Bortolin, Bennett Jones, Canada

The rise of emergency arbitrator provisions in arbitral institutional rules

Until relatively recently, where a dispute was subject to arbitration, a party in need of emergency interim relief would have to apply to the relevant national courts for an interim order, or alternatively await the constitution of the arbitral tribunal. The resultant delay in obtaining relief from...

01/03/2014 Gary B Born, WilmerHale, United Kingdom Charlie Caher, WilmerHale, United Kingdom Marija Scekic, WilmerHale, United Kingdom

Commercial litigation in Sweden

In Sweden as in most jurisdictions, general courts form a three-tiered system; district courts, courts of appeal and the Supreme Court. In Sweden, there are also general administrative courts (dealing with ia tax matters) and special courts, both those follow separate procedures and will not be...

01/03/2014 Olof Rågmark, Delphi, Sweden

The reinterpretation of the rebus sic stantibus clause

The Spanish Supreme Court has shown signs that it is thinking about making more flexible the application of the legal concept of the rebus sic stantibus clause (rebus clause) in order to adapt it to the situation of economic crisis. It is a change which will take time, like any case-law evolution,...

01/03/2014 Alfonso Iglesia, Cuatrecasas, Spain Jordi Sagrera, Cuatrecasas, Spain

Collective redress in Germany

Class actions are not provided for in Germany but there is a test case procedure for claims based on false information regarding capital investments. The law was recently revised to permit collective settlements. Last June the EU Commission published a recommendation to introduce procedures for...

01/03/2014 Michael Weigel, Arnold & Porter Kaye Scholer, Germany

Litigation funding in Austria

Introduction

In recent years litigation funding has also evolved as an independent business sector in Austria.

The phenomenon of private litigation funding companies which finance their client's proceedings in return for a previously negotiated quota of the amount in dispute, developed as a...

01/03/2014 Gerold Zeiler, Zeiler.partners, Austria

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