Tag Archive: #US Law

Apr 06

The American Rule and Attorney Fees in US Litigation

One of the most striking differences between the US and the NZ legal system is the rule regarding the payment of attorney fees by the litigants. In New Zealand, and in most other Common Law courts, attorney fees of the litigants are controlled by the English Rule. The English Rule provides, in general, that the …

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Dec 14

TPP Auckland Round Wrap Up – A Counterpoint to Campbell & Co

With the Auckland round of the TPP negotiations wrapping up this week, many Kiwi nay-sayers in the press have declared it an overall loss for New Zealand (See Gordon Campbell and Jane Kelsey). Yet my talks with almost every New Zealand business dealing in any way with the United States believe the exact opposite. Also, …

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Dec 03

TPPA: In Defence of Investor-State Disputes

TPPA As the next round of TPPA negotiations has come to Auckland, there has been increased chatter regarding the idea that the investor-state dispute mechanism in the proposed investment chapter should be scrapped. The investor-state dispute arbitration system, which has been around since the mid 20th century, has undergone recent scrutiny because of its perceived …

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