World
With lawfare on the rise, courts are becoming a venue for politics
The opinions expressed in this article are those of the author and do not represent in any way the editorial position of Euronews.
Usually with no leg to stand on, the objective of these claims is to disrupt and clog the system and cause chaos, Pieter Cleppe writes.
Long gone are the days when politics was confined to parliaments. Apart from the growingly politicised and polarised media, the courtroom is increasingly becoming a political venue, with third-party litigation funding being particularly concerning.
Both in Europe and the US, there has been increased scrutiny of third-party litigation funding.
This is a phenomenon where claimants in court cases no longer fund their own cases. Instead, they are bankrolled by investment firms, who basically see it as an attractive, if insecure, investment.
Bloomberg Law recently disclosed how Russian billionaires close to President Vladimir Putin have been secretly pouring money into US courts through third-party litigation funding in a bid to contest the sanctions they have been subject to.
The gist is that by investing millions without even showing their face in court, some malevolent actors have found lawfare a useful tool to laugh in the face of law and justice and syphon their money across the border while doing it.
Chinese claims are now targeting intellectual property in the US
In another example, a company based in China has been clandestinely funding intellectual property lawsuits against Samsung, using a Florida tech company as a front, to claim that the South Korean giant used its intellectual property in its popular audio products.
The essence of the problem here is that the funders “often manipulate civil litigation for their own purposes”, according to a letter to the heads of a US congressional committee in October by major pharma companies Bayer and Johnson & Johnson.
In the letter, they complain that the litigation finance industry “goes to great lengths to operate in complete secrecy,” demanding more transparency.
The fear here, backed by the US Chamber of Commerce, is that litigation financing could allow Washington’s adversaries to obtain confidential information about sensitive technologies.
In any case, US House Speaker Mike Johnson and Senator John Kennedy, have already taken legal action, having submitted a legislative proposal that would regulate foreign entities’ ability to fund litigation.
Business groups like the US Chamber of Commerce support this, as they believe the shortage of available information about who is financing cases opens the door for foreign adversaries to undermine US national security.
An EU directive is in the works
Also in Europe, legal action is on the way. Last summer, the European Parliament recommended to the European Commission to propose a Directive on the regulation of third-party funding in the EU, aptly named “Responsible funding of litigation”, with the goal of regulating third-party funders’ financing proceedings in the EU.
If adopted, it would create a minimum standard for third-party funders in the EU and establish a supervisory authority granting permits to funders and monitoring their activities.
It would also hold funders jointly liable with the funded disputing party to pay the cost of the proceedings that may be awarded, impose an obligation on funders to adequate financial resources to fulfil their liabilities under the funding arrangement, impose a fiduciary duty of care the funder owes toward the funded disputing party, establish specific disclosure and transparency obligations to inform competent judicial or administrative organs of the existence of a funding arrangement and limit the financial stake of funders to 40% of the amount of compensation awarded, save for exceptional circumstances.
The directive was spurred on by a number of questionable claims that have seen a spike in recent years. Usually with no leg to stand on, the objective of these claims is to disrupt and clog the system and cause chaos, with profits nothing more than a side quest.
Yet, sometimes, a case like this can end up hurting an entire country’s GDP, too.
The Sultanate of Sulu case continues to raise eyebrows
A prominent example in Europe of litigation funding is a case brought by a Spanish private arbitrator, Gonzalo Stampa, who demanded Malaysia to pay a $14.9 billion (€13.7bn) arbitral award to a group of individuals claiming to be heirs of the last sultan of Sulu, a territory now belonging to Malaysia. Kuala Lumpur rejected the claim, arguing the case represented a challenge to its sovereignty.
The legal claims of the sultan’s heirs had been financed by a global litigation and arbitration finance firm, the London-based Therium.
Even if there was no link to Spain, the claimants still brought the case there to the judicial authorities eager to find any judicial forum to get their way. As a result, Stampa, who specializes in international mediation, was appointed by the Civil and Penal Chamber of Spain’s Supreme Court (TSJM) as the arbitrator of the case.
Following legal challenges by the Malaysian government on the grounds that the required procedure had not been followed, Spain’s Supreme Court ruled in June 2021 to remove Stampa from the case, thereby granting the Malaysian government’s request for dismissal.
While Stampa was ordered to end the arbitration several times, the arbitrator ignored those orders and even changed the arbitration venue from Madrid to Paris on disputable legal grounds.
There, he issued his final ruling, granting the massive award, making it the second highest ever rendered, and amounting to 1% of Malaysia’s GDP. It’s peculiar that such important cases tend to involve multiple arbitrators, rather than just one, with the entire proceedings including payment to Stampa apparently funded by Therium.
Later, an appeal in France overturned the decision, and remarkably, Stampa was found guilty of contempt of court for failing to comply with an earlier court ruling ordering him to drop the complex legal battle.
It’s time to stop and think what to do next
Imposing to disclose who’s funding a court case may deter outside investors and mean “less access to legal finance”, but that hasn’t stopped legal action being initiated both in Europe and the US related to the practice of third-party litigation funding.
Looking at the whole range of extra bureaucracy the European Parliament has in mind, perhaps it is important to take a pause.
Allowing judges to decide on a case-by-case basis to what extent claimants need to be transparent, particularly in a contentious case where national security could be at risk, might just be a better way forward.
Pieter Cleppe is the editor-in-chief of BrusselsReport.eu and a former attorney-at-law.
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World
Christmas trees in Germany were decorated with apples instead of ornaments in the 1600s for 'Adam and Eve Day'
The choosing and decorating of a Christmas tree to display during the holiday season is a beloved tradition with a long history.
Today, Christmas trees are often decorated with an array of ornaments, including glass ones, homemade creations, candy canes, tinsel and sparkling lights, but that was not always the case. There was a time in history when Christmas trees were adorned with edible items, including apples, to commemorate the feast of Adam and Eve on Dec. 24.
Germany is credited with starting the tradition of the Christmas tree, according to History.com, with 16th century records telling of Christians bringing trees into their homes for the holiday.
PRESIDENT FRANKLIN D. ROOSEVELT SOLD CHRISTMAS TREES TO LOCAL RESIDENTS ON HIS OWN ESTATE IN THE 1930S
The Christmas tree has evolved over time, especially in the way in which it is decorated.
In the 1600s, it was typical for a Christmas tree to be decorated using apples, according to the National Christmas Tree Association.
The feast of Adam and Eve, held on Dec. 24, was honored by a “Paradise Play,” which told the story of Adam and Eve.
The play featured a “Paradise Tree,” according to the website, The Catholic Company, which was decorated with apples.
HOW TO SAY ‘MERRY CHRISTMAS’ IN 10 LANGUAGES TO FRIENDS AROUND THE WORLD
It was popular in Germany to set up “Paradise Trees” in homes, according to several sources, including Britannica and CatholicProfiles.org.
Then, in the 1700s, evergreen tips were hung from the ceilings of homes, also decorated with apples as well as gilded nuts and red paper strips, according to the National Christmas Tree Association.
It was not until the 1800s that the Christmas tree made its way to the United States by German settlers, according to the source.
At this time, Christmas trees were not the large displays they are now, and they simply sat atop a table, per the National Christmas Tree Association.
Then, in the mid-1800s, trees began to sell commercially in the U.S. By the late 1800s, glass ornaments became a common decoration for the Christmas tree, according to the National Christmas Tree Association.
Today, every family has their own traditions and preferences when it comes to decorating the Christmas tree.
Some go with a very complimentary design, sticking to a single or couple of colors. Others opt for a mix-matched arrangement, combining homemade ornaments with more classic ones, as well as colorful lights, ribbon and more.
World
Photos: Armenian Christians in Jerusalem’s Old City feel walls closing in
As Israel’s war on Gaza rages and Israeli attacks on people in the occupied West Bank continue, Armenian residents of the Old City of Jerusalem are fighting a different battle – quieter, they say, but no less existential.
One of the oldest communities in Jerusalem, the Armenians have lived in the Old City for more than 1,500 years, centred around the Armenian convent.
Now, the small Christian community has begun to fracture under pressure from forces they say threaten them and the multifaith character of the Old City – from Jewish settlers who jeer at clergymen on their way to prayer to a land deal threatening to turn a quarter of their land into a luxury hotel.
Chasms have emerged between the Armenian Patriarchate and the mainly secular community, whose members worry the church is not equipped to protect their dwindling population and embattled convent.
In the Armenian Quarter is Save the Arq’s headquarters, a structure with reinforced plywood walls hung with ancient maps inhabited by Armenians who are there to protest what they see as an illegal land grab by a real estate developer.
The land under threat is where the community holds events and also includes parts of the patriarchate itself.
After years of the patriarchate refusing to sell any of its land, Armenian priest Baret Yeretsian secretly “leased” the lot in 2021 for up to 98 years to Xana Capital, a company registered just before the agreement was signed.
Xana turned more than half the shares to a local businessman, George Warwar, who has been involved in various criminal offences.
Community members were outraged.
The priest fled the country and the patriarchate cancelled the deal in October, but Xana objected and the contract is now in mediation.
Xana has sent armed men to the lot, the activists say, attacking people, including clergy, with pepper spray and batons.
The activists say Warwar has the backing of a prominent settler organisation seeking to expand the Jewish presence in Jerusalem’s Old City.
The organisation, Ateret Cohanim, is behind several controversial land acquisitions in the Old City, and its leaders were photographed with Warwar and Xana Capital owner Danny Rothman, also known as Danny Rubinstein, in December 2023. Ateret Cohanim denied any connection to the land deal.
Activists filed suit against the patriarchate in February, seeking to have the deal declared void and the land to belong to the community in perpetuity.
The patriarchate refused, saying it owns the land.
Armenians began arriving in the Old City as early as the fourth century with a large wave arriving in the early 20th century, fleeing the Ottoman Empire. They have the same status as Palestinians in Israeli-occupied East Jerusalem – residents but not citizens, effectively stateless.
Today, the newcomers are mainly boys who arrive from Armenia to live and study in the convent although many drop out. Clergy say that’s partially because attacks against Christians have increased, leaving the Armenians – whose convent is closest to the Jewish Quarter and is along a popular route to the Western Wall – vulnerable.
Father Aghan Gogchyan, the patriarchate’s chancellor, said he’s regularly attacked by groups of Jewish nationalists.
The Rossing Center, which tracks anti-Christian attacks in the Holy Land, documented about 20 attacks on Armenian people and property and church properties in 2023, many involving ultranationalist Jewish settlers spitting at Armenian clergy or graffiti reading “Death to Christians” scrawled on the quarter’s walls.
World
As wars rage around them, Armenian Christians in Jerusalem's Old City feel the walls closing in
JERUSALEM (AP) — As the war in Gaza rages, Syria’s government transforms, and the Israeli-occupied West Bank seethes, Armenian residents of the Old City of Jerusalem fight a different battle — one that is quieter, they say, but no less existential.
One of the oldest communities in Jerusalem, the Armenians have lived in the Old City for decades without significant friction with their neighbors, centered around a convent that acts as a welfare state.
Now, the small Christian community has begun to fracture under pressure from forces they say threaten them and the multifaith character of the Old City. From radical Jewish settlers who jeer at clergymen on the way to prayer, to a land deal threatening to turn a quarter of their land into a luxury hotel, residents and the church alike say the future of the community is in flux.
Their struggle, playing out under the cover of many regional crises, reflects the difficulty of maintaining a non-Jewish presence in a Jerusalem where life has hardened for religious minorities in the Old City. Chasms have emerged between the Armenian Patriarchate, the traditional steward of community affairs, and the mainly secular community itself. Its members worry that the church is not equipped to protect their dwindling population and embattled convent from obsolescence and takeover.
A tent in a parking lot
Walk through the narrow passageways of the Armenian Quarter, past a perpetually manned guard post and into an open lot with a towering pile of shrapnel crested with the Armenian flag. You’ve arrived at the headquarters of the “Save the Arq” movement.
It’s where some residents of the Armenian Quarter have decamped, in a structure with reinforced plywood walls hung with ancient maps, to protest what they see as an illegal land grab by a controversial real estate developer.
The land under threat is where the community parks their cars and holds group dinners. It also includes parts of the patriarchate itself. It’s been a receiving point for those fleeing the mass killing of some 1.5 million Armenians by Ottoman Turks, widely viewed by scholars as the first genocide of the 20th century. Turkey denies the deaths constituted genocide.
The patriarchate has batted away offer after offer to sell the land. That changed in 2021, when an Armenian priest, Baret Yeretsian, signed a fraudulent deal leasing the lot for up to 98 years to a company called Xana Capital, registered just before the agreement was signed.
Xana then turned over half the shares to a local businessman, George Warwar, who has been involved in various criminal offenses, according to court filings, including a 24-month prison sentence for armed robbery, and has declared bankruptcy in the past.
In court documents seen by the AP, the patriarchate has admitted that Warwar bribed the priest and that the two had sustained “various inappropriate connections” leading up to the signing of the deal.
Community members were outraged when they found out, prompting the priest to flee the country. The patriarchate cancelled the deal in October, but Xana fought back, and the two are now in mediation over the contract. Xana Capital has since sent armed men to the lot, the activists say, attacking members of the community, including clergy, with pepper spray and batons.
With the future of the site unclear, the activists say they appealed to the patriarchate to find out what was going on. The activists say that Warwar has the backing of a prominent settler organization seeking to expand Jewish presence in Jerusalem’s Old City. The organization, Ateret Cohanim, is behind several controversial land acquisitions in the Old City, and its leaders were photographed meeting with Warwar and Danny Rothman, the owner of Xana Capital who also uses the last name Rubinstein, in December 2023. The organization denied any connection to the land deal.
“But as soon as the deal was signed, the patriarchate went into silent mode, bunker mode,” said Setrag Balian, 27, a ceramicist. “We decided that we have to take action and not once again be on the sidelines, watching and hoping that the patriarchy will take the right steps.”
So Balian and fellow resident Hagop Djernazian collected some 300 signatures from the community and filed suit against the patriarchate in February, asking them to declare the deal void and to say, for posterity, that the land belongs to the community.
In response, the patriarchate said it owns the land, not the community. Xana, meanwhile, filed a response calling the activists antisemitic squatters. The patriarchate’s response and Xana’s words, the activists said, leave open the chance that the land could be leased again in the future.
“It made us feel like we could not trust the institution who brought us to this day to solve this problem, to solve this conflict,” said Hagop Djernazian.
The patriarchate declined to comment on the land deal for this article, saying it could impact mediation efforts underway with Xana.
A single observer
Inside the Armenian convent, the clergy are hushed, pathways empty.
On a recent afternoon, priests in black robes rang the bell for daily prayers at the St. James Cathedral, the storied Armenian church occupying one of the highest points in the Old City. Filing into the darkened space, the men and the young seminary choir were joined only by an Israeli tour group and one Armenian woman who’d come to pray.
Father Parsegh Galamterian, church sacristan, has watched prayers thin out over the years, as the Armenian population in the quarter has shrunk from about 15,000 in 1948, the founding of the state of Israel, to around 2,000.
“The future is difficult,” he says.
Armenians began arriving in the Old City as early as the 4th century, inspired by the religious significance of the city to Christianity. In the early 20th century, they were joined by masses of Armenians who flocked to Jerusalem after being driven out of the Ottoman Empire. Theirs is the smallest quarter in the Old City, home to Armenians with the same status as Palestinians in Israeli-annexed east Jerusalem — residents but not citizens, effectively stateless.
Today, the newcomers are mainly boys who arrive from Armenia to live and study in the convent. Some stay, but many drop out of studies. Clergy say that’s partially because attacks against Christians have ramped up within the walls of the Old City, leaving the Armenians – whose convent is closest to the Jewish Quarter and is tucked along a popular route to the Western Wall – vulnerable.
Father Aghan Gogchyan, the patriarchate’s chancellor, said he’s regularly attacked by groups of Jewish fundamentalists.
He recalled one instance, a month ago, when clergy were headed to prayer. He was intercepted by a group of settlers, who asked if they were Christians.
“’You know that you don’t have a future here in the Holy Land. You’re not going to continue to live here,” he recalled one man saying. “’This is our country. We are going to eradicate you.”
“This is the word he used,” said Gogchyan. “We are going to eradicate you from our country.”
The Rossing Center, which tracks anti-Christian attacks in the Holy Land, documented about 20 attacks on Armenian observers, Armenian private property, and church properties in 2023, many involving ultranationalist Jewish settlers spitting at Armenian clergy or graffiti reading “Death to Christians” scrawled on the quarter’s walls.
“What is being said behind closed doors is that Jerusalem is becoming a place that is no longer hospitable to Christianity,” said Daniel Seidman, a Jerusalem lawyer and peace activist. “You can see the needle moving. The spike in hate crimes is not part of this plan, but it’s part of the impact.”
The incidents send a clear message to the next generation, said Gogchyan: stay away.
“The new generation doesn’t want to be in the center of the conflict,” said Gogchyan. “They’re building their future in different countries.
Despite the fractures, Armenian clergy and activists told the AP they want the same thing: a continued presence in the Old City.
“Some people feel helpless and hopeless and they want to leave,” said Balian. “But I think the majority sees that there is a struggle going on. It gives us a meaning. It gives us a purpose. It gives us a reason to stay here.”
___
Associated Press religion coverage receives support through the AP’s collaboration with The Conversation US, with funding from Lilly Endowment Inc. The AP is solely responsible for this content.
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