By: Prof. Dr. H. Ercument Erdem


The Swiss Federal Supreme Court (“Court”) with its latest decision dated March 16, 2016, numbered 4A_628/2015 and published on March 29, 2016 (“Decision”)[1] decided to stay the arbitration as a result of a failure to comply with a multi-tiered dispute resolution clause. This Decision is distinctive from other decisions rendered by the Court therefore it is a leading case and should be examined.

Read more: Swiss Supreme Court Decided Stay of the Arbitration Pending Compliance with Multi-tiered Clause

Contact: Budidjaja & Associates Lawyers


As a general rule in civil case proceedings in Indonesia, at the first court hearing, the panel of judges must encourage and order the disputing parties to mediate and settle their dispute amicably. If no amicable settlement is reached during mediation process, the case will proceed to trial.

Read more: Regulation Update on the Mediation Procedure for Court Proceedings

Persona Digital Telephony Ltd v Minister for Public Enterprise (No. 2) [2016] IEHC

In a judgment delivered on 20 April 2016 the High Court declared that professional third party funding of litigation is prohibited in Ireland. The ruling was given in the course of the long running litigation surrounding the grant of the second GSM mobile telephone license to ESAT Digifone in the 1990s. 

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Contact: Rebecca Stevens, Partner and Mariam Morad, Solicitor; Carter Newell (Queensland, Australia)

The 12 year old plaintiff was an outstanding young swimmer. Just prior to the incident, she was age champion at her school and in the District, was a multiple medalist at Regional and State levels, had appeared in the top 10 age rankings at National level in four events, and was expected to compete in at least four events in the Australian Age Nationals later that year.

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Contact: Jill Bainbridge and Michaela Berryman; Blake Morgan (Southampton, England)

The High Court has recently attempted to clarify the requirement for serious harm in defamation cases and at which stage the seriousness of the harm should be assessed.

Read more: High Court clarifies requirements for serious harm in defamation cases