The lesson from recent attempts to sue OPEC: Be aware of whom you sue—and how you serve them.

In January 2013, the US District Court for the District of Columbia dismissed a claim against the Organization of Petroleum Exporting Countries (OPEC), which alleged, among other things, that the multinational oil cartel had fixed prices in contravention of the Sherman and Clayton Antitrust Acts. [See Freedom Watch, Inc. v. Organization of Petroleum Exporting Countries, Memorandum Opinion, Civil Action No. 12-731 (RBW)(D.D.C., 2013).]

OPEC, as it turns out, is fully insulated from suit in US court, for two reasons articulated in numerous cases. First, OPEC cannot legally be served unless its Secretary-General gives permission to the service. Second, even if OPEC could be served, the cartel enjoys status as an international organization of sovereigns, so it is immune from suit in US courts.

OPEC cannot be served

Service upon a foreign defendant must comply with three different bodies of law: the law of the forum, the law of the country in which the defendant is located, and international law governing the relationship between the two. Cases involving OPEC provide a particularly compelling illustration of how process must be served on defendants abroad.

Federal rules require that process be served under either “internationally agreed means” or, where no agreement exists, by a method “prescribed by the foreign country’s laws.” Fed. R. Civ. P.  4(f)(1) and 4(f)(2)(A). OPEC is headquartered in Austria, which is not a party to the Hague Service Convention and has no treaty agreement with the US covering service of process.

Austrian law prohibits service upon OPEC without the consent of its Secretary General and without the involvement of the Austrian Foreign Ministry—neither of which is likely.

Sovereign Immunity and the Act of State Doctrine

Even if service were effected, OPEC enjoys a variation of sovereign immunity usually afforded to individual nations. Historically, those sovereigns enjoyed absolute immunity in each other’s courts. For the sake of comity, judges would dismiss claims against foreign heads of state (quite simply, no king would enjoy much peace if he allowed other kings to be haled into his courts).

The concept of Sovereign Immunity went relatively unchallenged until the 20^th century, when governments became actively involved in commercial ventures. As nations entered the marketplace as participants, a distinction was made between acta jure gestionis—private acts, and acta jure imperii—public acts which may only be undertaken by a government.

Today, the generally accepted rule worldwide is that where a government acts as a private player, it can no longer enjoy blanket protection by virtue of comity in the courts of other nations.

The U.S. Foreign Sovereign Immunities Act and Canadian State Immunity Act bear this out, specifying that sovereigns are not immune to actions arising from their commercial activities. 28 U.S.C. §1605(a)(2);  R.S.C., 1985, c. S-18, §5. Implicit in the distinction is the definition of commercial activity—that which may be undertaken by anyone.

Official acts such as regulation and expropriation may only be undertaken by sovereigns, so those acts remain beyond the reach of other nations’ courts. The nature of the act, rather than its purpose, is the dispositive factor. See International Association of Machinists and Aerospace Workers (IAM) v. OPEC, 649 F.2d 1354 (9^th Circuit, 1981). (Other exceptions to Sovereign Immunity exist for violations of jus cogens norms, but those are beyond the scope of this discussion.)

Courts avoid claims arising from other nations’ public acts for the same reason they avoid political questions: their resolution is best left to the executive and legislative branches.

At bar, multinational organizations are viewed through the same lens as their member states—that is, they are afforded approximately the same level of immunity. After all, if individual members cannot be sued, how could the collective? OPEC exists by virtue of a treaty between sovereign states, so its status equates to that of the secretariats of NAFTA, NATO, and the OAS… none of whom can be successfully sued in a domestic forum.

Of course, OPEC is an entirely different creature from those three organizations. Like OPEC, they exist for the mutual benefit of their respective members, but they do not actively pursue those benefits at the expense and detriment of non-members.

OPEC clearly aims to manipulate global crude oil prices through supply controls, a practice which directly conflicts with anti-trust law and free market principles. But it does so under an agreement between nation-states, collectively calibrating the regulatory regimes which govern members’ petroleum output. As such, OPEC’s market manipulation cannot be viewed as a private act—non-sovereigns cannot directly control nationwide production levels, much less that of multiple nations. Consequently, the purpose of its anticompetitive acts gives way to their nature.

In short, OPEC is all but untouchable outside an international forum—and even in an international tribunal, jurisdiction may be impossible to establish.

Applicability to practitioners

Although OPEC and other multinational entities enjoy a particularly safe status, even private defendants have rights that must be respected, lest a case fall apart before it begins.

Serving process abroad requires significantly more time, effort, and expertise than service in domestic jurisdictions.  Undertaking overseas service without specialized assistance is fraught with risk—resulting in non-service, and consequently dismissal, or impossibility of enforcement once a judgment is gained.

Plaintiffs’ counsel must always be on guard to prevent quashed service, and defense counsel should always begin an attack on the claim by questioning the validity of service.

On either side of the table, attorneys should not go it alone! Find out more about how Legal Language Services can assist with international litigation support.

However, a study published in the clinical medical journal Archives of Pathology & Laboratory Medicine showed that human transcription was more accurate than using transcription software.

There are several factors that make human transcriptionists more precise than transcription software — and a better choice for legal professionals.

Transcription Accuracy: The Results Are In

The study compared more than 200 pathology reports generated by both transcription software and human transcriptionists from data collected at a hospital in Ontario, Canada.

First, the time required to edit the reports produced by transcription software “was, on average, twice that needed for editing the documents produced by human transcriptionists.”

More importantly, the average accuracy rate for the transcription software was 93.6 percent, while human transcription resulted in a stunning 99.6 percent accuracy rate.

Human Transcription Advantages

The accuracy rates show human transcriptionists are a better choice for legal documents.

Interestingly, the transcription software had a significantly lower accuracy rate even with near-perfect conditions — the study used “natural” speech rates, a noise-canceling headset microphone, a speech-quality sound card, and software with pathology vocabulary support.

What’s more, this study only used pathology reports, meaning that there would not be any unusual phrases, names or places for the software to transcribe.

When you are in court, you want the most accurate evidence possible. As most transcriptions are not done using such pristine audio, it can only be assumed that the accuracy of transcription software would greatly decrease under other conditions.

On the other hand, professional human transcriptionists are able to provide precise results in the face of many issues that transcription software may not be able to handle, such as background noise, dialects, legal jargon, multiple voices, or people speaking over one another.

Furthermore, while many legal professionals may choose transcription software because they believe it will save time, the study indicated that the “resultant increased editing burden” means that it is more likely that human transcriptionists will be faster in addition to being significantly more accurate.

An experienced language service company can even provide certified translations of transcriptions.

When the outcome of a legal proceeding carries a great deal of significance, there is no excuse to settle for services that aren’t up to the most rigorous standards. Human transcription can produce certified, reliable documents that meet your needs.

When US law firms learn their foreign clients have been served with US process, they’ll often contact Legal Language Services to review the resulting proofs of service.

In many cases, their clients have not been properly served and LLS is able to prepare a persuasive affidavit in support of a Motion to Quash service.

Each service gives rise to unique considerations, and there may be multiple grounds for challenge. However, non-compliance with relevant treaties is a recurring problem.

Compliance with International Treaties

Service of US process upon foreign defendants must comply with any bilateral or multilateral treaties in effect.

The Hague Service Convention

The Hague Service Convention is the exclusive and mandatory means of service in member countries, according to the US Supreme Court’s holding in Volkswagenwerk AG v. Schlunk.

Some litigants are unaware of the requirement to serve US process pursuant to the provisions of the Hague Service Convention.  Others mistakenly believe there are “informal” methods of service that allow them to circumvent the Treaty.

One of the attorneys at LLS can review your Hague Certificate/affidavit of service to confirm the requirements of the Hague Convention have been met, including whether:

The Inter-American Convention

The Inter-American Convention on Letters Rogatory and Additional Protocol is another treaty regulating international service of process.  The US and many South and Central American countries are members of this Treaty.

Unlike the Hague Service Convention, the Inter-American Convention has not been held to be the exclusive and mandatory method of service in member countries.

However, if litigants intend to enforce a judgment in a Destination State where the Inter-American Convention is in effect, service must be effected pursuant to that Treaty.

The circumstances of each service are unique; always seek expert advice on whether service complied with all relevant treaties.

If you have never dealt with the process of international arbitration, you may be feeling overwhelmed when it comes to choosing a professional for the job.

Before you select a firm, take a look at these tips on making your decision. Then be sure to set up an initial meeting with the firm prior to committing to your choice.

Get Reviews on International Arbitrators

One of the fastest ways to find arbitrators familiar with international law is to ask for recommendations. If you do not know anyone who has been involved in an international legal disagreement, you can ask local lawyers to suggest some arbitrators.

You can also find reviews online via websites dedicated to rating and reviewing firms. You should look for detailed reviews of international arbitrators, and make a list of the ones who appear to be the most highly rated. This should help you narrow down your options.

Choose International Arbitrators with The Right Experience

Once you have a short list of a few highly-regarded arbitrators, you can review their qualifications. You should take into consideration their legal training and amount of experience.

In addition, you should look for international arbitrators who have experience with cases similar to yours. For example, if your dispute is over an investment, make sure the firm you choose has previously taken on cases involving financial issues.

Some firms even have a few specialties within the international arbitration industry, which may allow you to find one with extensive experience with cases like yours.

Know Important Professional Traits

At this point you should have a few highly-qualified international arbitrators to choose from. Use the following traits to determine which arbitrator will do the best job for you.

1. Good Communication

Of course, even the least busy international arbitrators may be subpar at communication. For this reason, you should try to hire one who is known for returning emails and phone calls quickly. After all, you will likely have questions, and quick answers will help you feel confident throughout your case.

Ideally, this also means the person you choose should have a good grasp of the language you speak, even if it is not his or her first or only language. However, in international arbitration, one of the parties may end up being out of the loop linguistically. To mitigate this, you may need accurate legal interpretation services.

2. Unbiased Background

One of the most crucial steps of choosing international arbitrators for your case is making sure they can be truly unbiased. This means you should choose someone who is neither from your country nor the other party’s country. This keeps loyalty to the arbitrator’s nation of origin from affecting the outcome of the case.

3. Open Schedule

You should also make sure the professional you choose is not too overwhelmed with a huge caseload to give you the attention you deserve. You need to be sure that you will be kept informed of the facts as your case proceeds, and an overly busy arbitrator may not be up to the task.

Some firms offer free initial consultations, which you should take advantage of. This way, you can meet with a few different teams before making an informed choice, all without investing in or committing to one international arbitrator at the beginning of your search.

The Papal Conclave once again put this tiny nation in the spotlight.

Vatican City is the smallest country in the world, but it wields a great deal of influence. If you want a better understanding of this nation, start with its interesting history.

How Vatican City Got Its Start

Vatican City originated when the Basilica of St Peter’s was constructed in the 4^th century. Pope Symmachus then decided to have a palace built nearby, as well.

By the 14^th century, the Vatican had become the residence of the Pope, replacing the honor once held by Rome. Museums, art galleries and the impressive Vatican library were built in the following years.

Popes ruled much of Italy until the 19th century. At this time the country unified, taking away many Papal states.

At that point in history, the power of the popes was in jeopardy; they were only allowed to rule the Vatican and some small areas around it. But those in this position refused to accept the sudden change.

Vatican City Independence

In 1929, the Lateran Treaty was signed by Italy’s rulers and the popes. This agreement gave the Vatican City its independence, making it the smallest country in the world.

It got its own ambassadors, could offer passports, and was also the home of a new railway station in 1930. The Pope was in charge of it all.

There were further changes for Vatican City in the 1960s. By 1962, some of the pope’s power was distributed more evenly among bishops when Pope John XXIII held the ecumenical council known as Vatican II. Pope Paul VI was the next to take power.

Cardinal Albino Luciani was elected in 1978. He took the name Pope John Paul I. When he passed away a short time later, Cardinal Karol Wojtyla succeeded him and was called John Paul II. He was the first non-Italian pope since 1523.

Secular Changes

By 1985, Pope John Paul II had agreed to modify parts of the Lateran Treaty. These changes meant that Roman Catholicism was no longer the official religion in Italy.

Another major event in Vatican history was the attempt on Pope John Paul II’s life by a Turkish man in 1981. Pope John Paul II survived the attack and was able to forgive the man. He eventually died in 2005 after 26 years of rule.

Cardinal Joseph Ratzinger, from Germany, was elected and became Pope Benedict XVI. During his time in Vatican City, several buildings in the area began using solar energy, and officials even created a forest in Hungary in an attempt to reduce the carbon footprint of the city. In 2013, he announced he was retiring due to his age. Popes are normally expected to serve until death — the last pope to resign was Pope Gregory XII in 1415.

In April 2013, Cardinal Jorge Bergoglio was elected as the new pope. The Jesuit Catholic, who is the first Pope from Latin America, took on the title of Pope Francis in honor of Saint Francis of Assisi. He is considered by many to be humble, and is known for helping the poor and sick. Only time will tell how he will add to Vatican history in the coming years.

Key Facts of Vatican City

• Full name: State of the Vatican City
• Population: 798
• Capital: Vatican City
• Major Languages: Italian, Latin, French
• Major Religion: Catholicism
• Literacy Rate: 100%
• Main Exports: Medals, coins, postage stamps, publications

While the reforms may, at first blush, appear to only affect certain mechanical aspects of the litigation process, they actually go to the basic foundations of the dispute resolution process in the UK.

A shift from “loser pays” to “no-win, no-fee”

The UK has traditionally been a country where the winning party usually recovers its costs (including attorneys’ fees) from the losing party. This principle applied whether the winning party prosecuted or defended a case.

This type of “loser pays” system has long been a hallmark of litigation in the UK and is one of the reasons why the UK has traditionally been much less litigious than the United States, where each party pays its legal costs or a plaintiff can retain an attorney on a “contingency fee” basis.

For example, a plaintiff in a personal injury case in the United States can hire an attorney and not be obligated to pay the attorney’s fees unless the suit is successful and money is recovered in an action against the responsible parties who caused plaintiff’s damages.

Indeed, perhaps the most significant change coming to the UK is a fundamental alteration of this long-standing “loser pays” system. Specifically, pursuant to the “Jackson Reforms,” claimants will be able to hire lawyers on a “no-win, no-fee” basis that is similar to US-style contingency fee agreements.

UK adopts new contingency fee agreements

Under the new UK system, lawyers will be paid an agreed percentage of the damages actually recovered, up to 50%, including VAT. In personal injury cases the cap will be 25% and in employment cases 35% of the damages.

Costs on the “normal time basis” will be recoverable from a defendant and the plaintiff will be responsible for the balance of the costs from the damages. This is a monumental change in the way that litigation will be handled in the UK and its effects may dramatically increase the amount of litigation activity in the UK.

General damages for claims in contract and tort will also be increased by 10% for nonpecuniary loss (e.g. pain and suffering damages). This will apply primarily to claims for personal injury, nuisance and defamation.

Pursuant to these reforms, personal injury plaintiffs will also be able to recover costs if their case is successful, but will not have to pay the defendant’s costs if they lose, unless the claim is fraudulent or otherwise an abuse of the process of the court.

Jackson reforms: effects

It is likely that there will be frequent amendments and clarifications of the rules, as various questions about the new procedures reach the court. There are a number of issues which will arise in relation to the interpretation of the new rules, and during the first few years after they come into effect there will, no doubt, be a number of cases which go to the Court of Appeal for clarification.

Regardless, these changes represent a movement toward a US-style litigation system and will likely have unintended consequences not just in the UK, but also for companies and attorneys around the world who may need to serve process in the UK.

If you are experiencing a disagreement with someone outside of the US, you should consider international arbitration before preparing for a legal battle in a different country.

Read more about international arbitration below.

How International Arbitration Works

If both parties decide to pursue international arbitration, they will need to agree upon many aspects of the process.

It is often up to the participants to choose where the arbitration will take place, which language it will be in, and which arbitrators will be used. In fact, you can even decide together what types and amount of evidence will be allowed in the proceedings.

During the international arbitration process, you and the other party will each have an opportunity to discuss your viewpoint. Once you have both had your say, the arbitrator, or even an entire panel of arbitrators, will make a decision. This is considered final since there is rarely a chance to appeal any decisions.

International Arbitration Benefits

International arbitration is appealing because it offers equality for both parties. Neither party is disadvantaged by entering a foreign court governed by unfamiliar laws and languages.

International arbitration is generally also a faster, simpler process than litigation. Not only could litigation in a foreign court take more time than international arbitration, it may also require legal interpreting services in order to fully understand the court proceedings.

However, both international court cases and international arbitration are likely to require legal translations of any documents that must be legible to both parties, such as evidence or contracts.

International arbitration takes less time than litigation because participants are allowed to limit the amount of evidence that can be submitted. This decision may depend on how much time you have to complete the arbitration procedure, so consider how long you want to be working toward a compromise before you set a limit.

Many business owners prefer international arbitration because the process is private and often inexpensive, as opposed to public and frequently costly court proceedings.

International arbitration may be the best option if you want to maintain a working relationship with the other party, since this process is usually considered less confrontational than having a legal trial. Some company owners are able to continue doing business with an international partner after arbitration.

Is International Arbitration Best For You?

If you are considering arbitration as an alternative to international legal proceedings, your first step should be to make sure the other party agrees with this idea. Then it’s time to start searching for arbitrators who you think meet your standards and have experience with the subject you are dealing with.

Of course, while international arbitration has its benefits, more complicated issues may still require full court proceedings — in which case your next step is international service of process.

Whether you run a law firm or preside over a legal department within a company, take a look at some of the benefits of leaving your eDiscovery needs to an outside team.

Outsourcing Litigation Support Minimizes Expenses

Litigation support departments are expensive to start and maintain.

If you do not have a litigation support department at your firm, but are considering getting one, you should be aware of the startup costs of this endeavor. You will need to spend time and money finding qualified employees, training them, and providing equipment that is often expensive.

Even if you already have a litigation support department, consistently updating your eDiscovery tools is rather costly upkeep. Many eDiscovery necessities depend on the latest technology, meaning you can never stop improving the equipment in your office.

Additionally, outsourcing eDiscovery allows you to use this service on an as-needed basis.

Unless every case requires the same crippling workload in litigation support, it is not cost-effective to devote an entire department to an intermittent need.

You will likely end up saving on the costs of eDiscovery when you only pay for what you use, and you can pass these savings on to your clients.

Litigation Support: Use a Specialist’s Assistance

Litigation support specialists are unlikely to account for much of your legal staff.

Even if you open your own department of eDiscovery authorities, you will have to pay top dollar to keep the most experienced workers on your team full-time. When you combine this expense with the starting costs associated with developing and operating your own litigation support department, you are looking at a big increase in overhead.

Instead of attempting to assemble a team of specialists, take advantage of one that already exists!

You should be able to see the qualifications of the eDiscovery experts before you hire the team. Once you are satisfied with the credentials, you can expect increased efficiency and reduced risks.

After all, you will have a team of specialists devoted to each case requiring eDiscovery services.

Focus on Legal Services

Though eDiscovery is a major part of most legal cases, it often deals with technology more than law.

Instead of expecting your employees to perform legal translations, set up software, or catalog discovery documents, you should leave these services to committed litigation support teams.

This way, your legal staff can focus on using their legal knowledge to build cases for clients, instead of trying to take on peripheral tasks.

Litigation Support Trials

Outsourcing litigation support does not have to be an immediate, permanent change. If you are still not sure if you would benefit from outsourcing eDiscovery, you can try it out before making a final decision.

Consider hiring an outside company for a few cases, and track the costs compared to having your team perform all litigation support. Then take a look at how the results compare to the ones you normally achieve.

In the end, you are likely to find an advantage in outsourcing eDiscovery and other forms of litigation support.

India’s history is fascinating — the word India comes from Indus, which is a derivative of the Old Persian word Hindu.

India is famous for a multitude of reasons, including beautiful architecture, as seen in the Brihadeeswarwar Temple (see right); delicious tandoori cuisine, such as naan; and the Bollywood film industry.

Learning the history of India provides context for understanding the home of peace-loving Mahatma Gandhi.

Early History of India

One of the earliest known settlements in this area was the Indus Valley Civilization, which developed in 3300 BC. By 2600 BC, the settlement had given birth to thousands of major cities, many with their own drainage systems. The farmers in India at that time were using bronze tools and mostly raising sheep, cattle and goats. Many residents of the cities traded with each other and spent time spinning cotton.

By about 1700 BC, major changes began taking place. The Indus Valley Civilization had begun to decline for unknown reasons, the Vedic Civilization developed after the Aryans arrived from Asia, and Hinduism arose.

In the same period, the common job of raising cattle was mostly replaced by agriculture. According to reports on India’s history, the Vedic Civilization ended around 500 BC.

India’s Golden Age

By the fifth century BC, Jainism was becoming increasingly popular, and soon Buddhism arrived in India, as well. This is largely due to Asoka the Great taking over circa 269 BC, succeeding Chandragupta Maurya as ruler of the Maurya Empire. Asoka spent years trying to show Indians the benefits of Buddhism.

This period in history was eventually called India’s Golden Age. During this time the people of India learned much about language, religion, math and other important subjects they would continue to value for years.

By the eighth century AD, a new religion – Islam – was introduced to India, and it soon gained a stronghold as a political force.

India’s History with Europeans

In the 1700s, Europeans from various countries became interested in India, and in 1856, it was included in the British East India Company. India was then ruled by the British Empire for nearly a century.

Despite trying for years to get rid of British rule, and starting a war of independence in 1857, India did not succeed until Mahatma Gandhi arrived. Instead of fighting violently against British rule, he helped India change its history through peaceful means.

In the end, India once again had its independence by 1947, and it became a republic in 1950. India’s history since then has included a few wars with Pakistan in China, and it has also joined the United Nations.

Facts About India

Full name: Republic of India

Capital: New Delhi

Population: 1.22 billion

Major Language: Hindi

Major Religion: Hindu

Life expectancy: 66 years (for men), 68 years (for women)

Main exports: petroleum, precious stones, steel, machinery, iron, chemicals, clothing

About the Picture:

For this reason, you need a professional for your legal transcriptions.

Legal Transcription Uses

Law firms frequently benefit from transcriptions of recordings for a variety of reasons. Hearings, depositions, and interrogations all need to be recorded and transcribed.

After all, you need a typed copy to include in every case file so you can quickly access the information you need. Otherwise, you and anyone else involved in the case will need to listen to the recording again every time you have to cite a particular fact.

If you or anyone in your firm conducts an interview or even records some notes during field work, you will also need these transcribed for easy access. In addition, wire taps need to be transcribed from their recorded formats if you plan to use the information in a case.

Legal Transcriptionist Advantages

Since legal transcription is so important to many law firms, there are professionals dedicated to this job. Hiring someone outside your firm for this task is recommended since it will increase productivity. When legal staff members do not have to type every recorded word, they have more time to devote to cases.

Most legal transcription companies can provide you with documents in the format you desire. They also supply the necessary equipment for the job, so all you have to do is send the recordings that you need transcribed.

Legal Transcriptionists: Choose a Professional

Of course, you can only expect quality results when you hire an experienced company to provide you with professional legal transcription. Those at the top of their game in this industry are well-versed in legal terms, which is crucial when it comes to promptness and accuracy.

Inexperienced transcriptionists may have to constantly look up terms they do not know, adding to the time spent on the job. Even worse, they may write the wrong word, which can be embarrassing for your firm and possibly devastating to your case.

To reduce mistakes, professionals usually feature a quality assurance process that includes proofreading before sending the finished document. This way, you can rest assured it will be accurate and free of typos. Before you hire anyone to perform legal transcription, ask about their  quality assurance process.

You also need to ensure confidentiality when having recordings transcribed. Not only do the professionals you hire need to maintain confidentiality when it comes to each case, but the process of transferring files back and forth needs to be secure. You should ask how this is handled before you hire an outside company.

If you ever need to transcribe important information at your law firm, hire a transcription service. Just make sure the one you use is particularly experienced in legal transcription.