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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

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


Civil procedure common law vs civil law legal systems eurosapienza

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


Civil procedure common law vs civil law legal systems eurosapienza

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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