Category Archives: Remedies and Procedure

Jamilya Kamalova, ‘Exploring Blockchain-Based Alternative Dispute Resolution: Limitations of Traditional Methods and Prospects for Further ResearcH’

ABSTRACT The paper explores the potential advantages of blockchain technology in facilitating dispute settlement, building upon previous studies of alternative dispute resolution (ADR) and online dispute resolution (ODR). The theoretical framework attempts to combine the ideals of liberal theory with the reality of legal pluralism encountered in many states. Through an overview of the limitations […]

‘How Much Is The Lost Chance To Reproduce Worth?’

Dov Fox and Jill Wieber Lens, ‘Valuing Reproductive Loss’, 112 Georgetown Law Journal 61 (2023). Since Dobbs was decided, abortion rights advocates have been nervously looking around the legal landscape wondering what doctrinal domino is likely to fall next. At this very charged moment, Professors Dov Fox and Jill Wieber Lens bravely chose to write […]

Giorgio Fabio Colombo, ‘The role of culture in international commercial arbitration’

ABSTRACT International commercial arbitration is the primary mean for settling international disputes of a business nature. Because of its very structure, this procedure happens across borders and, needlessly to say, cultures. As a consequence highly technical nature of international commercial arbitration, the debate about ‘culture’ in this field has adopted a fairly narrow approach, and […]

Gommers, Leppink and Schneider, ‘Round-up of European enforcement case law 2023’

INTRODUCTION While the world is again facing new challenges in 2024, with wars and conflicts around the corner and further away, as well as upcoming critical elections, law practitioners, including in the field of intellectual property (IP), are focused on the opportunities and challenges brought about by the adoption of artificial intelligence in the legal […]

‘Torts: Medical Malpractice Is Approved’

The American Law Institute’s membership voted today to approve Restatement of the Law Third, Torts: Medical Malpractice. Led by Reporters Nora Freeman Engstrom of Stanford Law School, Michael D Green of Washington University School of Law, and Mark A Hall of Wake Forest University School of Law, the project was launched as part of Restatement […]

‘Litigation funding supports the public interest, major research finds’

Litigation funding supports the public interest and access to justice but will remain niche in aiding consumers, according to major research which identified 44 cases in the last five years. It also highlighted a risk of litigation funding being used for economic crime – where it is difficult for law firms to know the ultimate […]

‘Insurance Risk and Democratic Police Reform’

Culver City, California was one of the many cities during the summer of 2020 where local organizers mobilized to reimagine policing. A grassroots coalition in Culver City called for the city’s police department budget to be cut by 50%, with the money reallocated toward non-police public safety alternatives, including shifting first-line response away from sworn […]

David Rosenberg, ‘Indigenization of Civil Litigation: Barriers and Opportunities’

ABSTRACT This paper considers the Indigenization of civil litigation as a means to promote decolonization and reconciliation within the Canadian legal framework. In light of the growing proximity of Indigenous to non-Indigenous communities, the task of Indigenization has taken on a new urgency. However, there are many obstacles to the goal of Indigenization. Two barriers […]

Marie-France Fortin, ‘Introduction to The King Can Do No Wrong – Constitutional Fundamentals, Common Law History, and Crown Liability

ABSTRACT ‘The king can do no wrong’ remains one of the most fundamental yet misunderstood tenets of the common law tradition. Confusion over the phrase’s historical origins and differing meanings has had serious consequences, making it easier for the state to escape liability for the harm caused to individuals by governmental officials or institutions. This […]

Kapur and Trehan, ‘A Course Correction on Liquidated Damages in India’

ABSTRACT The law on liquidated damages and penalties, in the words of Lord Neuberger and Lord Sumption, is ‘an ancient, haphazardly constructed edifice which has not weathered well’. Diplock LJ declared that he could make no attempt, where so many others have failed to rationalize this common law rule. This paper will look at the […]