Litigation and Alternative Dispute Resolution


Author: Tilbe Birengel

Introduction

At the 2016 Annual Meeting of the Administrative Council, the International Centre for Settlement of Investment Disputes ("ICSID") launched an amendment process on its' rules and regulations ("ICSID Rules and Regulations"). This has been the fourth amendment process since 1984, 2003 and 20061.

As per Article 6 of the ICSID Convention, the amendments will only be effective upon the approval of two-thirds of the contracting states2. Hence, ICSID invited contracting states and the public3 to provide their amendment suggestions on topics worthy of consideration, which will be used as background papers throughout the process.

Read more: Amendment of ICSID Rules and Regulations


Author: David Moore

In a recent unreported case in the County Court at Central London (Sajid v Nuur, 30 July 2018), a Claimant (Landlord) had brought a claim against a Defendant (a former Tenant) and attempted to serve the claim at an address which the Claimant knew the Defendant had left some two years before. It could be fair to say the Landlord should well have known – as it was his own property!

The claim itself was for rent arrears which the Claimant Landlord (C) alleged the Defendant Tenant (D) owed under a tenancy agreement for the property D had rented from C. 22 months after D had moved out of C's property, C issued a Claim Form for the unpaid rent.

C then served the Claim Form at the property, knowing D had left nearly 2 years previously, and quickly obtained default judgment for D's failure to defend the claim (of which she was unaware).

In a later appeal against the default judgment, D argued that the Claim Form had not been properly served under the requirements of the Civil Procedure Rules 1998 ("CPR").

Read more: Good Service is more than just Good Business


Author: Melissa Balikci

Introduction

It is essential that all arbitrators are and remain, independent and impartial throughout the arbitration. Almost all institutional rules contain a provision requiring arbitrators to be impartial and independent. Examples include Article 14 of the ICC Rules where "lack of impartiality or independence" is a ground for challenging the arbitrators and Article 10 of the LCIA Rules and Article 12 of the UNCITRAL Arbitration Rules where "justifiable doubts as to the arbitrator's impartiality or independence" is foreseen as a valid ground for challenge. Other grounds for challenge include arbitrators acting contrary to the arbitration agreement and the arbitrator's qualifications.

Read more: Challenging Arbitrators and LCIA Challenge Decisions


Author: Prof. Dr. H. Ercument Erdem

State courts have very important functions concerning arbitration proceedings. These functions may aim to provide assistance to arbitration proceedings, such as collection of evidence through state courts, which would support the functions of the tribunal, or functions aimed at supervision of arbitration proceedings, such as set-aside actions. The legal provisions regulating these functions play an important role in the determinatiaon of whether a particular state has an arbitration-friendly legislation.

Important amendments pertaining to the proceedings to be conducted by Turkish courts related to arbitration proceedings have been introduced through Law numbered 7101 on Amendment of the Enforcement and Bankruptcy Law and Certain Laws1 (“Law”). Accordingly, the provisions regulating domestic and international arbitrations have been harmonized. Additionally, provisions reflecting current international arbitration practices have been adopted. The amendments introduced through the Law shall be analyzed in this article.

Read more: Amendments Introduced through Law No. 7101 on Arbitration Proceedings


Limitation Act (NSW)

The Limitation Act 1969 (NSW) (the Act) governs the length of time after which actions to recover debts can no longer be commenced. Where the period has expired the debt is referred to as ‘statute-barred’.

There are many different types of contracts under which debts may arise. They include fixed term loans (such as personal loans), credit card contracts, home loans and contracts for the purchase of goods such as hire-purchase agreements.  The type of contract under which the debt arises is critical in determining whether a 6 year or a 12 year limitation period applies.

Unsecured vs secured debts

Agreements to loan money or provide credit often include an arrangement whereby the lender can realise property of the borrower if the borrower defaults on their obligations. This property is knows as security, and the debt will be classed as a secured debt. A mortgage is a common form of security. Where the debt is unsecured, a claim to recover the debt must be commenced within 6 years from the date that debt first became due (section 14 of the Act), which will usually be the date the borrower defaulted.

Read more: Is my claim for the debt statute-barred?