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Litigation

17 September 2019
Nicolas Contis Civil procedure reform: appeal proceedings regarding questions of jurisdiction clarified

France - Kalliopé

The Supreme Court recently ended a conflict between the appeal courts and clarified that for any decision rendered exclusively on a jurisdictional issue, the party that wants to appeal such decision must file a motivated statement for appeal and, more importantly, appeal to the first president of the relevant appeal court through a formal request in order to obtain a fixed date on which the case will be heard. Otherwise, the statement of appeal will be declared void.

Authors: Nicolas Contis, Talel Aronowicz, Camille Doguet
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Ulyarta Naibaho Supreme Court pushes ahead with expansion of e-litigation services

Indonesia - Ali Budiardjo, Nugroho, Reksodiputro

The Supreme Court has issued a new regulation on e-litigation which significantly expands the scope of earlier regulations and envisages the eventual development of a full-blown electronic court system, which would mean that proceedings could be commenced, court fees paid, documents and pleadings submitted, hearings conducted and judgments pronounced electronically.

Authors: Ulyarta Naibaho, Adithya Lesmana
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Geraldine Elliott Pay heed to tiered dispute resolution clauses

United Kingdom - RPC

The High Court recently upheld a tiered dispute resolution clause in accordance with established principles of contractual interpretation. The court ordered a stay of proceedings for mediation and, in support of the mediation, also ordered pleadings to be served in advance to optimise the prospects of a settlement. This decision continues the post-Sureterm union between commercial common sense and the plain and ordinary meaning of words.

Authors: Geraldine Elliott, Matthew Evans
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Italy - Ichino Brugnatelli e Associati Studio Legale

Author: Sergio Passerini
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New Zealand - Wilson Harle

Author: Guy Tompkins
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Hong Kong - RPC

Authors: Antony Sassi, Warren Ganesh
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United Kingdom - RPC

Authors: Davina Given, Karina Plain
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Bahamas - Lennox Paton

Authors: Brian Simms, Marco Turnquest
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Cyprus - Elias Neocleous & Co LLC

Author: Maria Hadjisavva
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Austria - OBLIN Attorneys at Law

Author: Klaus Oblin
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Jersey - Ogier

Author: Damian Evans

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