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.

To read the full article click here, or visit www.carternewell.com.


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


Contact: Att. Leyla Orak Celikboya; Erdem & Erdem (Turkey)

In General

“… [E]very arbitrator’s perception of his or her role will be shaped by the legal and procedural culture with which he or she is most familiar.[1] International arbitration is, in fact, a hub for practitioners from various legal backgrounds. Applicable rules of procedure, place and language of arbitration, applicable laws to the merits of the dispute, the professional and legal background of arbitrators, and the nationality and legal culture of party counsel all provide diversity to international arbitration. However, inevitably, this diversity leads to the clash of customary practices, a dispute over acceptable and questionable practices, and the means to a due and proper resolution of disputes.

Read more: Promoting Settlement in International Arbitration