Litigation & Procedure eJournal最新文献_第6页

Austerity in Civil Procedure and the Role of Simplified Procedures 民事诉讼的紧缩与程序简化的作用

Litigation & Procedure eJournal Pub Date : 2016-04-28 DOI: 10.5553/ELR.000057

X. Kramer, S. Kakiuchi

{"title":"Austerity in Civil Procedure and the Role of Simplified Procedures","authors":"X. Kramer, S. Kakiuchi","doi":"10.5553/ELR.000057","DOIUrl":"https://doi.org/10.5553/ELR.000057","url":null,"abstract":"The present issue (8:4) of Erasmus Law Review results from one of the sessions of the XV World Congress of Procedural Law of the International Association of Procedural Law in 2015, dedicated to ‘Effective Judicial Relief and Remedies in an Age of Austerity’. It focuses on the role of simplified civil procedures against the background of austerity. The articles included in this issue are fully redrafted versions of a selection of the national reports prepared for the general report for this conference, authored by the present editors.This issue includes nine articles that each deal with simplified procedures and austerity issues in a particular jurisdiction. Three articles discuss European jurisdictions: Belgium (Stefaan Voet), England and Wales (John Sorabji), and Spain (Laura Carballo Pineiro and Jordi Nieva Fenoll). Two articles concern distinct Asian countries: Israel (Ehud Brosh) and Japan (Etsuko Sugiyama). One article addresses an African country: Ghana (Ernest Owusu-Dapaa and Ebenezer Adjei Bediako). Three articles focus on American jurisdictions; North America: the United States (Manuel Gomez and Juan Carlos Gomez) and Canada (Jon Silver and Trevor Farrow), and South America: Brazil (Antonio Gidi and Hermes Zaneti Jr.).This article will frame and provide an overview of simplified procedures in the nine jurisdictions, discuss the effects of austerity on civil procedure and the role of simplified procedures.","PeriodicalId":113747,"journal":{"name":"Litigation & Procedure eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115863964","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Low Value Civil Claims in Early 19th Century Australia 19世纪早期澳大利亚的低价值民事索赔

Litigation & Procedure eJournal Pub Date : 2016-03-31 DOI: 10.2139/ssrn.3729864

Warren Swain

引用次数: 0

Injunctions in Indian Pharmaceutical Patent Infringement Actions: Some Observations 印度药品专利侵权诉讼中的禁令:一些观察

Litigation & Procedure eJournal Pub Date : 2016-03-31 DOI: 10.2139/SSRN.2758327

Sandeep K Rathod

{"title":"Injunctions in Indian Pharmaceutical Patent Infringement Actions: Some Observations","authors":"Sandeep K Rathod","doi":"10.2139/SSRN.2758327","DOIUrl":"https://doi.org/10.2139/SSRN.2758327","url":null,"abstract":"India’s most recent tryst with pharmaceutical product patents is eleven years old. These years have seen a number of pharmaceutical patent infringement actions/suits brought on by patentees, though many of these litigations are pending final judgment as they have not yet completed trial due to various factors. The focus of the pharmaceutical patent owners/holders (patentees) in the initial stage is clearly to secure an immediate, interim injunction against the defendants. The present article focuses only on this initial stage – i.e. the practice of interim injunctions within the domain of pharmaceutical patent infringement suits - and based on the author’s experience and review of the information available in public domain for these litigations, makes the following observations:a) Obtaining an order of interim injunction in a pharmaceutical patent suit is not difficult for the patent owner. Indian Courts have in fact, granted interim injunctions in a majority of pharmaceutical patent infringement suits;b) A large majority of injunction requests are filed by the patentees as ex-parte and are quia-timet in nature. The defendant may not get an adequate opportunity to present its defense before the grant of such injunctions;c) While arguably, patent infringement suits can be filed in a host of District and High Courts, it would appear that patent owners prefer to initiate their suits and corresponding injunction requests only before the High Court of Delhi; d) Undertakings for non-commercialisation given by generic companies also act/stand on same footing as injunctions; and e) India will see more pharmaceutical patent infringement suits- including cases where IP owning generic companies file suits against other generic companies.","PeriodicalId":113747,"journal":{"name":"Litigation & Procedure eJournal","volume":"89 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114100816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Occam's Phaser: Making Proportional Discovery (Finally) Work in Litigation by Requiring Phased Discovery 奥卡姆的相位器:通过要求分阶段证据开示使比例证据开示(最终)在诉讼中发挥作用

Litigation & Procedure eJournal Pub Date : 2016-03-28 DOI: 10.2139/SSRN.2827303

M. Murphy

{"title":"Occam's Phaser: Making Proportional Discovery (Finally) Work in Litigation by Requiring Phased Discovery","authors":"M. Murphy","doi":"10.2139/SSRN.2827303","DOIUrl":"https://doi.org/10.2139/SSRN.2827303","url":null,"abstract":"This is an article about solving the problem of expensive electronic discovery in litigation by simply learning the most important facts first. Judges and parties often complain that the scope of information included in fact discovery in civil litigation is over inclusive and disproportionate to size of the dispute, resulting in overly expensive costs. The Federal Rules of Civil Procedure recently changed again to further emphasize the use of “proportional” limits in discovery, but provide little practical mechanism for parties, lawyers, and judges to make discovery “right sized.” This Article proposes that parties should be required to “phase” discovery by first setting the initial scope of discovery in a case as small as practicable and focused on the most important, outcome-determinative facts, and then following this small scope of discovery with additional “phases” if needed. The scope of discovery will then become incrementally broader in scope during each phase, but will only do so upon a showing of need for additional discovery. Phased discovery is used sporadically in litigation, often with success. This Article discusses these successes, considers potential drawbacks of phasing, and asks the key question: why wouldn't it work?","PeriodicalId":113747,"journal":{"name":"Litigation & Procedure eJournal","volume":" 761","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120829236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Corporate Litigation in Specialized Business Courts 专门商业法庭的公司诉讼

Litigation & Procedure eJournal Pub Date : 2016-03-25 DOI: 10.2139/ssrn.2664621

J. McCahery, A. de Roode

引用次数: 1

Recognition and Enforcement of Foreign Provisional Orders in the United States: Toward a Practical Solution 承认和执行外国临时命令在美国:走向一个实用的解决方案

Litigation & Procedure eJournal Pub Date : 2016-02-10 DOI: 10.2139/ssrn.2824699

S. Nathan Park

引用次数: 1

The Legal Regulation and Enforcement of Asymmetric Jurisdiction Agreements in the European Union 欧盟不对称管辖权协议的法律规制与执行

Litigation & Procedure eJournal Pub Date : 2016-01-15 DOI: 10.54648/eulr2017022

Mukarrum Ahmed

{"title":"The Legal Regulation and Enforcement of Asymmetric Jurisdiction Agreements in the European Union","authors":"Mukarrum Ahmed","doi":"10.54648/eulr2017022","DOIUrl":"https://doi.org/10.54648/eulr2017022","url":null,"abstract":"This article examines the legal regulation and enforcement of asymmetric choice of court agreements under the Brussels I Regulation (Recast). The two significant and related issues of the effectiveness of asymmetric jurisdiction agreements under Art. 25 of the Recast Regulation and whether proceedings commenced in the primary nonexclusive court identified in the agreement should trigger the application of Art. 31(2) of the Recast Regulation are analyzed. Notwithstanding, the rulings of the French Cour de Cassation in Rothschild and ICH v. Credit Suisse, it will be argued that asymmetric choice of court agreements should in principle be effective under Art. 25 of the Recast Regulation from the perspectives of validity, certainty, form and fairness. The validity and effectiveness of asymmetric jurisdiction agreements in the jurisprudence of the English courts is already well established. There also exists some support for the argument that proceedings initiated in the English courts (as the primary nonexclusive court identified in the clause) may invoke the protective cover of Art. 31(2) of the Recast Regulation where the borrower in an international finance agreement has breached his obligation to sue exclusively in the English courts.\u0000 ","PeriodicalId":113747,"journal":{"name":"Litigation & Procedure eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131351246","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Quebec Procedural Law as a Microcosm of Mixity: Implications for Legal Pedagogy, Judicial Decision-Making, and Law Reform 魁北克程序法作为混合的缩影:对法律教育学、司法决策和法律改革的启示

Litigation & Procedure eJournal Pub Date : 2016-01-11 DOI: 10.2139/ssrn.2927419

Rosalie Jukier

引用次数: 0

Jurisdiction, Choice of Law and Property 管辖权、法律选择和财产

Litigation & Procedure eJournal Pub Date : 2016-01-04 DOI: 10.1017/CBO9781316017814.011

Daniel Klerman

引用次数: 6

Kadi: King‐Slayer or King‐Maker? The Shifting Allocation of Decision‐Making Power between the UN Security Council and Courts 卡迪:弑君者还是造王者?联合国安理会与法院之间决策权分配的转移

Litigation & Procedure eJournal Pub Date : 2016-01-01 DOI: 10.1111/1468-2230.12170

D. Hovell

引用次数: 16