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13 articles found for Commercial Litigation
Resolving Cross-Border Commercial Disputes in the United Kingdom Post-Brexit, the UK relies primarily on the Hague Convention 2005 to enforce exclusive jurisdiction clauses and recognize foreign judgments. English courts strongly...
Key Takeaways Resolving commercial disputes in Nigeria requires a strategic approach that balances speed, cost, and asset protection. Foreign investors must structure their contracts defensively and understand the local judicial...
Direct execution is available for judgments from reciprocating territories like the United Kingdom, Singapore, and the United Arab Emirates. Judgments from non-reciprocating territories require the creditor to file a new...
New York law can be applied to international contracts exceeding $250,000 even if the parties and the transaction have no physical connection to the state. Under General Obligations Law §...
Pre-Action Requirement: A formal Letter of Demand is a mandatory prerequisite for most debt recovery litigation in Nigerian courts to demonstrate that the debtor was given a fair opportunity to...
The Netherlands Commercial Court (NCC) is a specialized chamber of the Amsterdam District Court that conducts all proceedings entirely in English. To access the NCC, parties must actively "opt-in" through...
California law generally provides a four-year statute of limitations for written contract breaches and a two-year limit for oral agreements. Proving a breach requires demonstrating a valid contract, your performance,...
South African courts generally require either a submission to jurisdiction or the attachment of assets to hear a case against a foreign entity. The Hague Service Convention streamlines the legal...
South African courts generally require an attachment of property to establish jurisdiction over a foreign defendant who has no local presence. The Hague Service Convention streamlines the process of serving...
Mandatory mediation is a legal prerequisite for nearly all commercial litigation involving monetary claims in Turkey. Foreign companies can initiate debt collection proceedings (İcra Takibi) without a court judgment to...
English law distinguishes between minor breaches and "repudiatory" breaches, which determine whether you can terminate the contract or merely claim damages. Claimants have a legal "duty to mitigate," meaning they...
Foreign firms have eight days from the discovery of a defect to notify an Italian supplier, or they risk losing all warranty rights under Article 1495 of the Italian Civil...
Introduction and BackgroundThe Commercial Courts Act, 2015 (hereinafter referred to as “the Act”) was introduced as a transformative measure within India’s judicial framework, aimed at addressing the persistent inefficiencies that...