Contact: Jill Bainbridge; Blake Morgan (Southampton, England)
Dispute Resolution analysis: The European Court of Human Rights (ECtHR) has rejected a complaint by one of Joseph Stalin's grandsons about an article that appeared in a Russian newspaper in which the dictator was accused of being a 'bloodthirsty cannibal'. Jill Bainbridge, partner and expert in defamation and reputation management at Blake Morgan, explains why the dead cannot be defamed.
Contact: Christian D. Sheehan; Schnader Harrison Segal & Lewis LLP (Delaware & Pennsylvania, USA)
SCHNADER APPELLATE ALERT | February 2015
On January 21, 2015, the Supreme Court issued its much-anticipated decision in Gelboim v. Bank of America Group. The case presented a single question: Is a district court order dismissing all claims in an action that was consolidated with several others for pretrial purposes a final and immediately appealable order? In a unanimous decision authored by Justice Ginsburg, the Supreme Court said “Yes.”
Contact: William A. Goldberg; Lerch, Early & Brewer (Maryland, USA)
I often see attorneys make the mistake of filing "kitchen sink" complaints, that is, lawsuits containing redundant and/or superfluous causes of action, that turn what could be straightforward claims into messy, complicated quagmires. If your goal is to offer efficient, cost-effective litigation services for your clients that maximize their chances for recovery, "kitchen sink" pleading is almost never the way to go. Here are five reasons to avoid it:
Contact: Prof. Dr. H. Ercument Erdem; Erdem & Erdem (Turkey)
With respect to International Chamber of Commerce ("ICC") arbitration, consolidation is a procedural mechanism used when two or more pending arbitrations are merged into a single arbitration. Due to the current practice in international commercial transactions that require technical, commercial and financial specialization, the number of multi-party disputes has a tendency to increase. Consolidation may have advantages with regard to procedural efficacy, and may provide procedural economy and cost efficiency. It also lowers the risk of inconsistent decisions. Additionally, the fact-finding phase is facilitated and may be finalized more efficiently, with a more comprehensive presentation of legal and factual positions.
Contact: Att. Ezgi Babur; Erdem & Erdem (Turkey)
The determination of the seat of arbitration is of great importance, due to its consequences on the arbitration procedure. In the International Chamber of Commerce ("ICC") practice, cities as Paris, London, Geneva and Zurich are among the most popular arbitration seats. It is preferable that the seat is in a jurisdiction with a well-developed arbitration legislation. Courts experienced in arbitration issues and a tradition of supporting and respecting arbitration agreements and arbitral awards are also among the factors considered in the determination of the seat of arbitration. The location of the seat of arbitration and ease of access and convenience are also considered by the parties and practitioners in the choice of the seat of arbitration.