DOCSLIB.ORG

Litigation & Dispute Resolution

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Litigation & Dispute Resolution Litigation & Dispute Resolution Third Edition Contributing Editor: Michael Madden Published by Global Legal Group CONTENTS Preface Michael Madden, Winston & Strawn London LLP Australia Colin Loveday, Richard Abraham & David Birch, Clayton Utz 1 Belgium Koen Van den Broeck & Thales Mertens, Allen & Overy LLP 11 British Virgin Islands Scott Cruickshank & David Harby, Lennox Paton 17 Bulgaria Assen Georgiev & Deyan Draguiev, CMS Cameron McKenna LLP – Bulgaria Branch 29 Canada Caroline Abela, Krista Chaytor & Marie-Andrée Vermette, WeirFoulds LLP 40 Cayman Islands Ian Huskisson, Anna Peccarino & Charmaine Richter, Travers Thorp Alberga 50 Cyprus Anastasios A. Antoniou & Aquilina Demetriadi, Anastasios Antoniou LLC 57 England & Wales Michael Madden & Justin McClelland, Winston & Strawn London LLP 67 Estonia Pirkka-Marja Põldvere & Marko Pikani, Aivar Pilv Law Offi ce 86 Finland Markus Kokko & Niki J. Welling, Attorneys at Law Borenius Ltd 98 France Erwan Poisson & Camille Fléchet, Allen & Overy LLP 105 Germany Dr. Stefan Rützel & Dr. Andrea Leufgen, Gleiss Lutz 116 Guernsey Christian Hay & Michael Adkins, Collas Crill 125 India Siddharth Thacker, Mulla & Mulla & Craigie Blunt & Caroe 132 Indonesia Alexandra Gerungan, Lia Alizia & Christian F. Sinatra, Makarim & Taira S. 143 Ireland David Kavanagh & John O’Riordan, Dillon Eustace 153 Korea Kap-you (Kevin) Kim, John P. Bang & David MacArthur, Bae, Kim & Lee LLC 163 Lithuania Agnė Bilotaitė & Marius Tamošiūnas, Judickienė and Partners JUREX 172 Luxembourg Jackye Elombo & Florence Piret, Wildgen, Partners in Law 181 Mexico Miguel Angel Hernandez-Romo Valencia & Miguel Angel Hernandez-Romo, Bufete Hernández Romo 190 Nigeria Matthias Dawodu, Benedict Oregbemhe & Onyinye Ukegbu, S. P. A. Ajibade & Co 196 Pakistan Ashtar Ausaf Ali, Nida Aftab & Asad Rahim Khan, Ashtar Ali & Co. 209 Poland Dr. Barbara Jelonek-Jarco & Agnieszka Trzaska, KKG Kubas Kos Gaertner 220 Portugal Nuno Lousa & Manuel Castelo Branco, Linklaters LLP 229 Spain Álvaro López de Argumedo & Juliana de Ureña, Uría Menéndez 238 Switzerland Balz Gross, Claudio Bazzani & Julian Schwaller, Homburger 248 Tunisia Yosra Abid & Salah Dakhlaoui, Dakhlaoui Avocats 260 Turkey Gökmen Başpınar & Kaan Gök, Baspinar & Partners Law Firm 274 USA Stephen R. Smerek, Bruce R. Braun & Andrew S. Jick, Winston & Strawn LLP 282 Uruguay Carlos Brandes & Federico Florin, Guyer & Regules 292 Venezuela Jesus Escudero E. & Raúl J. Reyes Revilla, Torres, Plaz & Araujo 301 USA Stephen R. Smerek, Bruce R. Braun & Andrew S. Jick Winston & Strawn LLP Effi ciency and integrity of process The United States is world-renowned for the effi ciency and integrity of its judicial system in resolving criminal and civil litigation. The US court system is split into a federal system and 50 independent State systems. Although there is some overlap between the systems, they are separate. State courts are courts of general jurisdiction − unless pre-empted by federal law, State courts can generally hear any type of claim. Federal courts, on the other hand, can only adjudicate claims if they have “subject matter” jurisdiction (most commonly in cases arising under federal law, or involving citizens of different States). Within both the federal and State judicial systems, there are trial courts, intermediate appellate courts which hear appeals as of right, and supreme courts which hear appeals as a matter of discretion. Various procedural mechanisms exist allowing courts to dispose of cases early. In response to a plaintiff’s complaint, a defendant may fi le a motion to dismiss (or a “demurrer”, as it is called in many State courts) seeking dismissal of the complaint. Courts may dismiss a complaint if its factual allegations, even if they are assumed to be true, are insuffi cient to state a plausible entitlement to relief. Courts have held that bare recitals of the elements of a cause of action are insuffi cient to survive a motion to dismiss. See Ashcroft v. Iqbal, 556 U.S. 662 (2009). Even if a case proceeds past a motion to dismiss and through discovery, both sides have the option to move for summary judgment, which allows a court to decide the case in the moving party’s favour as a matter of law, if the non-moving party fails to introduce admissible evidence establishing the existence of a genuine issue of material fact for trial. Additionally, courts can order parties to engage in alternative dispute resolution mechanisms including mediation, settlement conference, or early neutral evaluation. (These mechanisms are described in more detail below.) As the number of civil lawsuits continues to increase, courts’ budgets continue to be cut, and the strain on the court system continues to rise, courts may feel more pressure to utilise these various mechanisms to dispose of cases early and relieve the burden on their dockets. American law, like English law from which it derives, is founded on principles of natural justice. The US Constitution guarantees that the individual’s right to due process and equal protection of the laws cannot be infringed by governmental action. In general, due process requires that an individual be given notice, and an opportunity to be heard before a fair and impartial tribunal, before that person’s rights can be adjudicated. For example, the Federal Rules of Civil Procedure have strict rules regarding service of process, including that summons and a complaint must be personally served on a defendant, where feasible. Litigants have a right to an impartial judge. As the United States Supreme Court has held, if a judge has a direct personal or pecuniary interest in the outcome of a case, the judge must recuse himself or herself from deciding the case. Otherwise, such a confl ict of interest taints the judgment and is grounds for reversal. Equal protection of the laws guarantees that the law will not discriminate against any individual based on certain protected characteristics, including but not limited to race, GLI - Litigation & Dispute Resolution Third Edition 282 www.globallegalinsights.com © Published and reproduced with kind permission by Global Legal Group Ltd, London Winston & Strawn LLP USA national origin, gender, and wealth. All citizens are entitled to equal access to justice. The independence of the judiciary from political infl uence is also a core tenet of US law, but it is implemented differently in the federal and State judicial systems. Under the Constitution, all federal judges are appointed by the President, confi rmed by a majority vote of the Senate, and serve lifetime terms. Some States have a similar process for judicial appointments. But, in other States, judges are elected, similar to public offi cials. In these States, judges can run (sometimes contentious) campaigns and must stand for re-election after a number of years. Even State supreme court justices must be re-elected periodically. Thus, in these States, judges may be subject to pressure to make politically popular rulings in high-profi le cases to avoid polarising the electorate against them. To paint with a broad brush, Federal courts tend to demand strict compliance with the rule of law and apply procedure more closely, whereas State courts are more attuned to local tendencies and may give more consideration to equitable principles of justice or fairness. State courts have a higher volume and more diversity in their cases, and are more susceptible to local budgetary issues. Thus, State courts have less time than Federal courts to delve into complex legal issues, and are more likely to allow cases to proceed to trial. Federal courts tend to be more likely to dispose of cases on motions to dismiss, or for summary judgment. Privilege and disclosure Discovery in Federal and State courts is governed by rules of procedure enacted by the legislatures of each respective jurisdiction. Each State has its own rules governing discovery. As a general matter, the scope of discovery is extremely broad. Under the Federal Rules of Civil Procedure, any document that is reasonably calculated to lead to the discovery of admissible evidence is discoverable unless it is privileged. Most States have similar rules. Even documents that contain commercially sensitive information, such as trade secrets, or highly sensitive personal information, if relevant, are generally discoverable. Thus, in litigation involving sensitive matters (including most litigation involving large companies), it is common for parties to enter into discovery confi dentiality agreements. Such agreements restrict the receiving party’s ability to disclose information designated as confi dential by the producing party outside of the litigation. Parties may move for a protective order to block discovery when the information sought is unduly burdensome considering the importance of the information, the diffi culty and expense of producing it, and its availability from some other, more convenient source. The most common forms of privilege include the attorney-client privilege and the attorney work product doctrine. The attorney-client privilege protects from disclosure confi dential communications between attorneys and their clients made for the purpose of seeking or providing legal advice. The privilege also includes communications between an attorney and a prospective client. When the client is a corporation, different jurisdictions apply different rules. In some States, only high-level management’s communications with its in-house or outside counsel are privileged, but in other States and in Federal court, the privilege extends
Load more

Recommended publications
  • Insights and Commentary from Dentons
    dentons.com Insights and Commentary from Dentons On March 31, 2013, three pre-eminent law firms—Salans, Fraser Milner Casgrain, and SNR Denton—combined to form Dentons, a Top 10 global law firm with more than 2,500 lawyers and professionals worldwide. This document was authored by representatives of one of the founding firms prior to our combination launch, and it continues to be oered to provide our clientsG withro thewing information with they need to do business in an increasingly complex, interconnected and competitive marketplace. The role of government has never been more critical IFI Update - London August 2006 Salans is a full service international law firm with offices in Almaty, Baku, Berlin1, Bratislava, Bucharest, Budapest2, Istanbul, Kyiv, London, Moscow, New York, Paris, Prague, Shanghai, St. Petersburg and Warsaw. Contents may exist in the tort of negligence in a claim In this issue, we examine the following topics: for pure economic loss. A bank’s duty of care concerning an asset freezing order 1 A bank operating in England may be served with notice of an asset freezing order (which Insolvency: transactions at an undervalue and used to be called a Mareva injunction) that transactions to defraud creditors 8 has been issued at the behest of a claimant Cross-border insolvencies: S. 426 of the in litigation against a customer of the bank. Insolvency Act 1986 11 In fact it happens quite frequently. The order is intended to prevent the defendant from Conflict of laws rules for tortious issues 16 dissipating its assets or removing them from Conflict of laws: the quantification of damages the jurisdiction before the claim against it in tort 21 has been heard.
    [Show full text]
  • Asset Recovery Handbook
    Asset Recovery Handbook eveloping countries lose billions each year through bribery, misappropriation of funds, Dand other corrupt practices. Much of the proceeds of this corruption find “safe haven” in the world’s financial centers. These criminal flows are a drain on social services and economic development programs, contributing to the impoverishment of the world’s poorest countries. Many developing countries have already sought to recover stolen assets. A number of successful high-profile cases with creative international cooperation has demonstrated Asset Recovery Handbook that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the A Guide for Practitioners, Second Edition capacity to trace and secure assets and pursue various legal options—whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. A Guide for Practitioners, This process can be overwhelming for even the most experienced practitioners. It is exception- ally difficult for those working in the context of failed states, widespread corruption, or limited Jean-Pierre Brun resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed and Anastasia Sotiropoulou updated this Asset Recovery Handbook: A Guide for Practitioners to assist those grappling with Larissa Gray the strategic, organizational, investigative, and legal challenges of recovering stolen assets. Clive Scott A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to Kevin M. Stephenson encounter, and introduces good practices. It includes examples of tools that can be used by Second Edition practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests.
    [Show full text]
  • House of Lords Official Report
    Vol. 721 Monday No. 53 25 October 2010 PARLIAMENTARY DEBATES (HANSARD) HOUSE OF LORDS OFFICIAL REPORT ORDER OF BUSINESS Questions Climate Change: IPCC Leadership Charities: War Zones Iraq: Camp Ashraf Housing: Shared Ownership Terrorist Asset-Freezing etc. Bill [HL] Report Statement of Changes in Immigration Rules (Cm 7944) Motion to Disapprove Statements of Changes in Immigration Rules (HC 59 and HC 96) Motion of Regret Written Statements Written Answers For column numbers see back page £3·50 Lords wishing to be supplied with these Daily Reports should give notice to this effect to the Printed Paper Office. The bound volumes also will be sent to those Peers who similarly notify their wish to receive them. No proofs of Daily Reports are provided. Corrections for the bound volume which Lords wish to suggest to the report of their speeches should be clearly indicated in a copy of the Daily Report, which, with the column numbers concerned shown on the front cover, should be sent to the Editor of Debates, House of Lords, within 14 days of the date of the Daily Report. This issue of the Official Report is also available on the Internet at www.publications.parliament.uk/pa/ld201011/ldhansrd/index/101025.html PRICES AND SUBSCRIPTION RATES DAILY PARTS Single copies: Commons, £5; Lords £3·50 Annual subscriptions: Commons, £865; Lords £525 WEEKLY HANSARD Single copies: Commons, £12; Lords £6 Annual subscriptions: Commons, £440; Lords £255 Index: Annual subscriptions: Commons, £125; Lords, £65. LORDS VOLUME INDEX obtainable on standing order only. Details available on request. BOUND VOLUMES OF DEBATES are issued periodically during the session.
    [Show full text]
  • United States Bankruptcy Court for the Southern District of New York
    UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------x In re : Chapter 11 : SOUNDVIEW ELITE LTD., et al., : Case No. 13-13098 (REG) : Debtors. : (Jointly Administered) ------------------------------------------------------x : CORINNE BALL, as Chapter 11 Trustee of : SOUNDVIEW ELITE LTD., : : Plaintiff, : Adv. Proc. No. 14-01923 (REG) : v. : : SOUNDVIEW COMPOSITE LTD., : : Defendant. : ------------------------------------------------------x DECISION ON MOTIONS FOR SUMMARY JUDGMENT AND ASSET FREEZING PRELIMINARY INJUNCTION APPEARANCES: JONES DAY Counsel for Plaintiff Corinne Ball, as Chapter 11 Trustee of Debtor Soundview Elite Ltd. 222 East 41st Street New York, New York 10017 By: William J. Hine, Esq. (argued) Veerle Roovers, Esq. LAW OFFICE OF PETER M. LEVINE Former1 Counsel for Defendant Soundview Composite Ltd. 99 Park Avenue, Suite 330 New York, New York 10016 By: Peter M. Levine, Esq. (argued) 1 After the filing of his brief and oral argument on the summary judgment elements of this decision, Mr. Levine sought permission to withdraw from his representation of defendant Soundview Composite Ltd. His motion was granted. SHER TREMONTE LLP Successor Counsel for Defendant Soundview Composite Ltd. 80 Broad Street, Suite 1301 New York, New York 10004 By: Robert Knuts, Esq.2 2 Mr. Knuts filed a brief on the asset-freezing injunction elements of this decision. The Court did not need, nor hold, oral argument as to these. ROBERT E. GERBER UNITED STATES BANKRUPTCY JUDGE: In the chapter 11 cases of debtors Soundview Elite Ltd. (“Elite”) and its affiliates (collectively, and with Elite, the “Soundview Debtors”), plaintiff Corinne Ball (the “Trustee”) was appointed chapter 11 trustee for the Soundview Debtors after this Court removed Alphonse Fletcher (“Fletcher”) and others under Mr.
    [Show full text]
  • Freezing Assets: the Mechanics Behind Cross-Border Injunctions
    Freezing Assets The mechanics behind cross-border injunctions Virtual Round Table Series Disputes Working Group 2019 Virtual Series | Freezing Assets irglobal.com | page 3 Freezing Assets The mechanics behind cross-border injunctions Many modern organisations, regardless of size, treatment and may be subject to specialised tion on Execution of Preventive Measures, make own assets in multiple locations across the legislation, such as the Mareva Injunction Order it more likely that domestic courts will recognise world. The advent of technology, together with (MIO), which compels a bank to immediately foreign judgments. accessible international markets, means dealing freeze those accounts. If the process of securing multiple cross-border with clients across borders is easier than ever If the debt in dispute is large enough, it may be injunctions via the civil law courts is proving too before. As a result of this trend, businesses may necessary for a creditor to require injunctions to challenging, a creditor may attempt to turn to have money in foreign bank accounts, stock be brought on multiple assets in multiple loca- the criminal courts. If the actions of a debtor in foreign warehouses, or significant tangible tions, which is incredibly complex without the are proven to be criminal (e.g. fraudulent), the assets such as offices, vehicles or land. correct legal advice in each location. Any delay greater powers of law enforcement agencies In the event of a commercial dispute with one of to the process, or erroneous filing, could delay can be put to work. Dovetailing with a criminal those companies, a creditor may find it neces- the process to the extent that assets are no investigation can be a powerful way to reach the sary to freeze some of those assets, in order longer discoverable and, therefore, an injunction intended goal for a creditor.
    [Show full text]
  • Brief Amicus Curiae of Americans For
    No. 14-419 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- SILA LUIS, Petitioner, v. UNITED STATES OF AMERICA, Respondent. --------------------------------- --------------------------------- On Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit --------------------------------- --------------------------------- BRIEF OF AMICUS CURIAE AMERICANS FOR FORFEITURE REFORM IN SUPPORT OF PETITIONER --------------------------------- --------------------------------- MAHESHA P. S UBBARAMAN Counsel of Record SUBBARAMAN PLLC 222 S. 9th Street, Ste. 1600 Minneapolis, MN 55402 (612) 315-9210 [email protected] August 25, 2015 ================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i TABLE OF CONTENTS Page Table of Authorities ............................................. iii Interest of the Amicus Curiae ............................. 1 Summary of the Argument .................................. 2 Argument ............................................................. 5 I. The Fraud Injunction Act (“FIA”) allows a court to freeze only tainted property—the Act does not govern untainted property .... 5 A. The FIA lets a court freeze a person’s property only if the property is “trace- able to” fraud (i.e., tainted) ................. 6 B. Construing the FIA to reach untainted property rewrites the FIA ................... 14 C. Under
    [Show full text]
  • Mareva Jurisdiction in English Law: a Critical
    Faculty of Arts and Social Sciences The Law School Lancaster University The Evolution, Utility and Effectiveness of the Mareva Jurisdiction in English Law: A Critical Appraisal Joshua S. A. Sendall LL.B. (Hons) (September 2015) Submitted for the Degree of Master of Laws, LL.M. (By Research) Dedicated to the memory of my Grandparents, Elizabeth and Ron Barr Declaration I confirm that the thesis is my own work; that it has not been submitted in substantially the same form for the award of a higher degree elsewhere; and that all quotations have been distinguished and the sources of identification specifically acknowledged. Abstract The Mareva injunction has been available in England for 40 years. Initially, the Mareva injunction was a contentious form of relief; today it is regarded as an exceptionally effective device in common law jurisdictions across the globe. This body of work critically appraises the development, evolution and effectiveness of the Mareva injunction. It is primarily established that the Mareva injunction is an equitable remedy. A corollary crystallises; in order to gain a fuller understanding of the Mareva injunction it is necessary to contextualise it within the equitable jurisdiction. Traditional doctrinal research methods explicate the development of the equitable jurisdiction drawing attention to certain characteristics, common themes, techniques and principles. Equity becomes the contextual framework upon which the ensuing discourse is rendered. At its heart equity is found to be about remedies; a supplementary system which repairs defects in the law. The Mareva injunction was devised to ring fence amenable assets on a temporary basis; to protect the possibility of an effective remedy.
    [Show full text]
  • Uniform Asset-Freezing Orders Act
    UNIFORM ASSET-FREEZING ORDERS ACT Drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS and by it APPROVED AND RECOMMENDED FOR ENACTMENT IN ALL THE STATES at its ANNUAL CONFERENCE MEETING IN ITS ONE-HUNDRED-AND-TWENTY-FIRST YEAR NASHVILLE, TENNESSEE JULY 13 - JULY 19, 2012 WITH PREFATORY NOTE AND COMMENTS COPYRIGHT 8 2012 By NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS June 19, 2013 ABOUT ULC The Uniform Law Commission (ULC), also known as National Conference of Commissioners on Uniform State Laws (NCCUSL), now in its 119h year, provides states with non-partisan, well- conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law. ULC members must be lawyers, qualified to practice law. They are practicing lawyers, judges, legislators and legislative staff and law professors, who have been appointed by state governments as well as the District of Columbia, Puerto Rico and the U.S. Virgin Islands to research, draft and promote enactment of uniform state laws in areas of state law where uniformity is desirable and practical. • ULC strengthens the federal system by providing rules and procedures that are consistent from state to state but that also reflect the diverse experience of the states. • ULC statutes are representative of state experience, because the organization is made up of representatives from each state, appointed by state government. • ULC keeps state law up-to-date by addressing important and timely legal issues. • ULC’s efforts reduce the need for individuals and businesses to deal with different laws as they move and do business in different states.
    [Show full text]
  • To Be Or Not to Be Exclusive: Statutory Construction of the Charging Order in the Single Member LLC
    DePaul Business and Commercial Law Journal Volume 9 Issue 1 Fall 2010 Article 4 To Be or Not to Be Exclusive: Statutory Construction of the Charging Order in the Single Member LLC Thomas Earl Geu Thomas E. Rutledge John W. DeBruyn Follow this and additional works at: https://via.library.depaul.edu/bclj Recommended Citation Thomas E. Geu, Thomas E. Rutledge & John W. DeBruyn, To Be or Not to Be Exclusive: Statutory Construction of the Charging Order in the Single Member LLC, 9 DePaul Bus. & Com. L.J. 83 (2010) Available at: https://via.library.depaul.edu/bclj/vol9/iss1/4 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Business and Commercial Law Journal by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. To Be or Not to Be Exclusive: Statutory Construction of the Charging Order in the Single Member LLC Thomas Earl Geu, Thomas E. Rutledge and John W. DeBruyn* 'When I use a word,' Humpty Dumpty said in rather a scornful tone, 'it means just what I choose it to mean - neither more nor less.' 'The question is,' said Alice, 'whether you can make words mean so many different things.' 'The question is,' said Humpty Dumpty, 'which is to be master - that's all.' -Lewis Carroll, Through the Looking Glass1 INTRODUCTION The charging order, long a feature of the law of partnerships and other unincorporated entities, has, in the context of the single-mem- ber LLC, generated significant controversy.
    [Show full text]
  • Report on Eurojust's Casework in Asset Recovery
    Report on Eurojust’s Casework in Asset Recovery February 2019 Report on Eurojust’s Casework in Asset Recovery 12 February 2019 Report on Eurojust’s Casework in Asset Recovery [Status] Table of Contents Executive summary ................................................................................................................................................... 2 Methodology ................................................................................................................................................................ 4 Introduction ................................................................................................................................................................. 4 1. Asset Freezing ..................................................................................................................................................... 7 1.1. Asset Tracing ................................................................................................................................................................ 7 1.1.1. Legal and practical issues ................................................................................................................................................... 7 1.1.2. Eurojust's support in asset tracing ................................................................................................................................ 9 1.1.3. Asset Tracing – Highlights for Practitioners ..........................................................................................................
    [Show full text]
  • Review of Legal and Regulatory Asset Recovery Framework in Greece
    Greece-OECD Project: Technical Support on Anti-Corruption Review of Legal and Regulatory Asset Recovery Framework in Greece Greece-OECD Project: Technical Support on Anti-Corruption Review of Legal and Regulatory Asset Recovery Framework in Greece This document is published under the responsibility of the Secretary-General of the OECD. The opinions expressed and arguments employed herein do not necessarily reflect the official views of OECD member countries. This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. This document was produced with funding by the European Union. The views expressed herein can in no way be taken to reflect the official opinion of the European Union. Please cite this publication as: OECD (2018), Review of Legal and Regulatory Asset Recovery Framework in Greece About the OECD The OECD is an international organisation in which governments compare and exchange policy experiences, identify good practices in light of emerging challenges, and promote decisions and recommendation to produce better policies for better lives. The OECD’s mission is to promote policies that improve economic and social well-being of people around the world. www.oecd.org About the Greece-OECD Project The Greek government is prioritising the fight against corruption and bribery and, with the assistance of the European institutions, is committed to taking immediate action. Under the responsibility of the General Secretariat against Corruption, Greece’s National Anti-Corruption Action Plan (NACAP) identifies key areas of reform and provides for a detailed action plan towards strengthening integrity and fighting corruption and bribery.
    [Show full text]
  • Maximizing Plaintiff Protection in the World Of
    MAXIMIZING PLAINTIFF PROTECTION IN THE WORLD OF ASSET FREEZING AND BYPASSING THE DUE PROCESS REQUIREMENT OF NOTICE: THE MAREVA INJUNCTION AS AN ALTERNATIVE TO THE AMERICAN LEGAL REMEDIES. Carlos Fabano* I. INTRODUCTION ........................................... 131 II. THE PRE-JUDGMENT ATTACHMENT .......................... 132 Ill. THE PRELIMINARY INJUNCTION ............................. 133 IV. THE TEMPORARY RESTRAINING ORDER (TRO) ................ 136 V. THE MAREVA INJUNCTION DEFINED .......................... 137 A . Origin ............................................ 137 B. Scope of the Mareva Injunction ........................ 139 C . Lim its ............................................ 14 1 D . Procedure ......................................... 143 E. The Worldwide Mareva Injunction ..................... 143 VI. CONCLUSION ........................................... 146 I. INTRODUCTION The feeling of security is something that everyone covets and pursues, more so, when you are in the position of a plaintiff initiating a lawsuit. You would Want to have some reason to believe that there will be money awarded to you in the event that you are successful in the litigation. This expectation can become a mere fantasy and an absolute nightmare when you encounter a defendant who is certain to remove all of his assets out of the country in order to avoid the court's judgment, which in turn leaves you, the plaintiff, with absolutely nothing to collect. While there are some safeguards available to a plaintiff in these situations, the purpose of this paper is to show that the American legal system falls short of fully protecting plaintiffs in these matters. Moreover, it also examines the alternative available to the American legal system, the Mareva injunction. The American legal system offers a few choices to a plaintiff who seeks protection from a defendant removing his assets before or during trial.
    [Show full text]