News: Judex rejects CWG Jurisdiction & opens procedural review

SHIREKEEP, IMPERIAL COUNTY - Arbiter Balârak Âlaion, Duke of Elwynn, has struck out the claim made by Giles Melang for money paid to Simon ben Erasmus in expectation of shares in Commonwealth Global Ltd. (CWG) not received. After hearing legal argument from both sides, Âlaion ruled that the Judex had no jurisdiction because neither the transaction nor the defendant's bank account were located in Shireroth.

The Judex building, Metzlershire, Shirekeep

On the question of the nation in which CWG is legally based - which the claimant maintained was Shireroth, in order to ground jurisdiction - the Arbiter further ruled that "...[a] multi-national [company], for the purposes of Shirerithian law, is headquartered where its bank account is." It was submitted in evidence by Mr Krummson Lla'i, for the respondent, that the bank account for CWG is located in Alexandria.

The judgment by Arbiter Âlaion, while not making specific reference to Shirerithian precedent, does not differ from an earlier statement made in the Judex (30 October 2012, 4834 ASC) by Kaiser Ometeotl II that "[f]or [an] account to fall under Shireroth jurisdiction it must be registered under Shireroth."

Under the Imperial Code of Law, Chapter VI, Section C, subsection 6, a writ of appeal may be lodged with the court of the next highest Arbiter. However the implementation of the new Charter stated, in Article VI, that it replaces "the previous Imperial Charter of Shireroth in its entirety, including all laws passed under that Charter." However, since the new Charter describes the Judex as "the supreme court of law of the Imperial Republic" (Art IV, Section A), it is unclear if the Kaiser's Court remains a court to which failed plaintiffs of the Judex may turn.

Following his primary decision, the Arbiter also have a judgment as to the award of reasonable costs, awarding nothing. He rejected compensation for pain and suffering in court proceedings and remuneration for legal representation, the latter on the grounds that there is "no evidence indicating... [that] the normal presumption [of pro bono legal representation] should be rebutted."

With the conclusion of this case, the Arbiter has announced a review into its criminal and civil procedures, including a request for the Mango Bar, Shireroth's association of lawyers, to consider implementing a code of conduct and remuneration structure for its members. A deadline of the 23 February, 4950 ASC has been set for submissions to that review.