Litigation and Alternative Dispute Resolution


Carl Schaerf and Lee Schmeer published an article, “Navigating Choppy Waters for the Government Contractor’s Defense in Trump Age,” in the Products Liability Supplement of The Legal Intelligencer. They write:

“Companies contracting with the federal government should be aware that significant changes are likely under the Trump administration in the manner in which the government solicits and funds contracts and the extent to which the government recognizes knowledge of risks related to the goods or services subject to such contracts. When faced with litigation involving government contracts, companies often employ the Government Contractor’s Defense, which shields a contractor that has complied with reasonably precise government specifications from liability provided the contractor has warned the government of risks not otherwise known to the government. Thus, determining what the government “knew” with respect to the subject of the contract is of utmost importance to litigants in a case involving the Government Contractor’s Defense.”

Download the full article in PDF format. Or read the article online here.


Introduction

The obligations observance clauses, namely, umbrella clauses, are aimed to elevate contractual and other commitments of host states under an investment treaty's protective umbrella1. Neither the doctrine nor the case law has a common application of umbrella clauses that may be described as the provisions in international investment agreements that oblige host States to acknowledge their obligations rising from these clauses2. This Article covers the diverging jurisprudence related to umbrella clauses in investment arbitrations in order to solidify the controversial issues raised on this matter.

Read more: Umbrella Clauses in Investment Arbitration


Crociani v Crociani: A bitter family dispute was finally brought to an end after 5 years following the Royal Court of Jersey’s finding in favour of daughter Cristiana who alleged a series of breaches of trust by the former trustees of two related trusts: the Grand Trust and the Fortunate Trust.

Read more: Daughter wins USD 200m breach of trust claims against her own mother


Author: Muireann Granville

A confidentiality "ring" or "club" is a group of designated individuals who are authorised by a court to view specified confidential material, which has been disclosed in discovery, and which is withheld from one or more of the parties to the litigation. 

The judgment in that case, Goode Concrete v CRH  [2017] IEHC 534, provides a useful review of the case law on confidentiality rings.

Read the full article.


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The Reason Behind the Legislation

Since 1950, when the 5521 numbered Code of the Labor Courts had entered into force, the population in Turkey has increased rapidly, business life has changed and developed and, accordingly, the number of labor law disputes and types have increased. During this period of time, significant amendments have been made in the core legislation and regulations on the judicial principles of the civil courts. However, the legislation regulating the jurisdiction before the Labor Courts has not been within the scope of these amendments.

Read more: Mandatory Mediation in Labor Disputes