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Civil Procedure: Common Law vs Civil Law Legal Systems EuroSapienza

Civil Procedure: Common Law vs Civil Law Legal Systems EuroSapienza Hamline University / ADR Center Rome, 1 June 2005 Michael McIlwrath Senior Counsel – Litigation GE Energy – Europe GE Oil & Gas - Florence. Potential or pending arbitration. Pending court case.

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Civil Procedure: Common Law vs Civil Law Legal Systems EuroSapienza

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  1. Civil Procedure:Common Law vs Civil Law Legal Systems EuroSapienza Hamline University / ADR Center Rome, 1 June 2005 Michael McIlwrath Senior Counsel – Litigation GE Energy – Europe GE Oil & Gas - Florence

  2. Potential or pending arbitration Pending court case Int’l Disputes by Opposing Parties Applicable law Italy France England Bulgaria India Alberta (Can) Spain Nigeria New York Saudi Arabia Abu Dhabi Mexico Brazil None Parties Italy France Argentina Bulgaria Mexico Brazil Spain Egypt India Canada Malaysia Nigeria Turkey Texas Saudi Arabia Senegal Abu Dhabi v

  3. Mike’s Seven Rules for Successful Int’l Lawyering(or at least avoiding embarrassment…..) • Never compromise your personal integrity – Ever! • Don’t be afraid of taking risks – think of ways to mitigate and embrace them • Stay grounded in simplicity & common sense • Err on the side of generosity and courtesy in dealing with others • Be an expert on your client’s business & goals • Remember that the law will not solve all problems (your clients may need a reminder) • Above all, be yourself and have fun If it doesn’t feel right – it isn’t!

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