What is the Purpose of the Bilateral Investment Treaty?

It is unlikely that one can make it through a discussion about international investment without considering the impact of bilateral investment treaties.  Bilateral investment treaties, or BITs, offer a higher level of protection, and options for dispute resolution, than investments without such treaties. Yet a person investing in their own country without much, or any, …

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Objecting to Form

Objecting to Form

Attorneys participating in a deposition with their client will often encounter an objection to the form.  They can either be the person using the objection or the person explaining the question, but the objection is likely to find its way into the deposition, as there will likely be at least one question asked that an …

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Legal Representation: Why Should I Hire an Attorney?

Legal Representation

As disputes arise and parties are beginning to consider some form of legal action or resolution process, the parties will likely be considering legal representation.  There are a variety of factors that will go into a party’s decision on whether or not to hire a lawyer, and there are benefits and drawbacks to hiring a …

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Mediation vs. Litigation

Mediation vs. Litigation

For those facing the need to resolve a dispute, they may return to the common question of whether mediation or litigation is the best option to resolve the dispute.  Comparing the two processes will often result in a lot of differences, and the types of resolution are very distinct.  However, this does not intrinsically mean …

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Justice vs. Fairness and the World of ADR

Justice vs. Fairness

Justice and fairness are words that have found their way to the front of our minds this year in the United States.  The country has been facing increased calls for justice and fairness for all Americans, regardless of the color of their skin or other characteristics.  As the year has continued, many people have had …

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Avoiding Construction Liens

Avoiding Construction Liens

The excitement and joy of building a new home can quickly be overshadowed by a construction lien, or as it is more commonly known, a mechanic’s lien. Construction liens exist because it guarantees that a contractor will be paid for the work and materials that they put into a home or building. It allows a …

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Oath in the Courtroom-Nothing but the Truth

Most people have watched a witness stand, raise their right hand, and state the oath in the courtroom before giving their testimony, either in person or by watching a show about the court.  A lot of people could probably recite the oath from memory as well.  Yet many people may not understand the purpose of …

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Who are the Sole Beneficiaries of Business?

Who are the Sole Beneficiaries of Business

Benefitting from Business Trusts When considering a trust for a business, an entrepreneur may have questions such as who are the sole beneficiaries and the trustees of a business trust.  Trusts come with a whole host of new languages and considerations that need to be made.  Placing a business in a trust can be beneficial …

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Understanding Counterclaims – Examples from ADR Times

Understanding Counterclaims Examples

Exploring examples of counterclaims can be beneficial in helping a party understand what issues they can raise against someone who has brought a civil lawsuit against them and how they may try and recover against the same party.  It can also help a party understand when they may have to bring the counterclaim at that …

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