The question of which party should bear the burden of proof on a given factual issue remains one of the most important and problematic in evidence and procedure. This paper approaches the question from a relatively unstudied perspective, viewing litigation as a device for influencing primary...

The growing scale of enforcement of China's Anti-Monopoly Law (AML) has drawn the attention of multinational businesses, their legal counsels, and the academic community concerned with the development of this branch of law. While much of the public discourse has evolved around the public...

Alternative litigation financing (ALF) is a term that refers to the funding of litigation or arbitration activities by third parties, such as indemnitors or liability insurers, who have a contractual relationship with one of the parties to litigation. Third-party funders pay the plaintiff's...

At its 2018 Annual Meeting, The American Law Institute completed nearly a decade's worth of work on the Restatement of the Law, Liability Insurance. The Restatement's approval was deferred for a year from the 2017 Annual Meeting, largely because of opposition from insurance industry interests....

Spanish Abstract: En nuestro ordenamiento el arbitraje constituye un histórico y arraigado instituto heterocompositivo y potestativo de resolución de controversias coadyuvante de la jurisdicción que, sin embargo, parece estar hoy subestimado e, incluso, infravalorado en las instancias...

Spanish Abstract: Desde hace varias décadas una de las materias jurídicas más beligerantes en sede de responsabilidad civil -ya sea contractual o extracontractual- la constituye aquélla que afecta a los profesionales sanitarios, sobre todo, la relativa a los profesionales de la Medicina y la...

This paper considers why awards of gain-based relief for breach of privacy are uncommon. There are three reasons for this. First, there are arguably two possible measures of gain-based relief: the reasonable fee and the account of profits. In relation to the latter, the account of profits is a...