A blog about the work lawyers do to win commercial disputes by Will Newman
Unlike the U.S., there is no evidence discovery system in China. In principle, parties should bear the burden of proof for their claims/defenses and arguments in lawsuits. As a result, plaintiffs usually initiate lawsuits when they believe they have enough evidence to win.
Read MoreArbitration is traditionally considered to be a cheaper alternative to court litigation. But its filing fees are often much higher than court equivalents, and the lack of published decisions often makes arbitration difficult to navigate.
Read MoreSophisticated businesses often agree to resolve their disputes through private arbitration instead of by going to court. Arbitration has numerous advantages, such as being confidential instead of public and being generally less expensive. But another advantage is that the parties can provide input on the selection of their arbitrator and thus can select an arbitrator and a forum that is well-suited for commercial disputes.
Read MoreIn Mexico City, I estimate that it takes an average of a year to a year and a half to get a decision from the lower court. But I had a case that took ten years to get a judgment from the lower court and I have also had cases that proceeded to judgment in two months.
Read MoreWe introduce evidence with the complaint and the judge determines whether evidence is useful to clarify the controversy and prove the facts. The testimony of the witness is “offered” in the complaint and, if the judge admits it, then you will be asked to interview him or her at a hearing called an audiencia de pruebas.
Read MoreHow does someone take thousands of emails and decide which get produced? And are there a bunch of complicated rules and procedures that would surprise someone who doesn’t do this all the time? The answers are “a variety of ways” and “yes.”
Read MoreIn a recent decision, an appellate court in Manhattan reversed the dismissal of a lawsuit based on a contract with no written end date. It held that, to determine whether the contract is still in effect, the parties needed to present evidence of how long the parties originally intended the contract to last and whether the defendant is still receiving a meaningful benefit from it.
Read MoreAt the first instance, a judge hears a case alone. The procedural rules provide that a party can request the dispute be considered by a panel consisting of one professional judge and two so-called arbitrazh assessors, who are people with specific knowledge in certain areas of economics, finance and management. But judges actually appoint arbitrazh assessors only in very rare cases.
Read MoreWhy should you consider having a lawyer get admitted pro hac vice instead of just hiring local counsel to represent you? Because if you already have a relationship with a lawyer you trust, you may feel more comfortable with them representing you that with a stranger. This is especially true if you believe that your lawyer is particularly skilled or capable. And if you use your existing lawyer, you don't need to pay to bring a new lawyer up to speed on facts of the case if your existing lawyer already knows the facts.
Read MoreWitnesses swear to tell the truth at the start of their depositions, just as they do when they testify in court. And violating that oath is technically a crime, just as it would be for lying in court. And a court reporter makes a verbatim transcript of the deposition, which allows lawyers to submit the exact same testimony at trial.
Read MoreLawyers in British Columbia only have to wear a gown for civil trials and when appearing before the Courts of Appeal and the Supreme Court of Canada.
Read MoreAnswers are usually relatively inexpensive documents to draft because they do not need to be well-crafted narratives that persuade people of the defendant’s innocence. Defendants have other opportunities in a lawsuit to explain their story, such as in motions to dismiss the case and at trial.
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