What is the purpose of an ex parte hearing in international litigation?
An ex parte hearing in international litigation is a legal procedure which permits one party to present evidence and arguments to a judge without the other party being present. This hearing is conducted in the absence of the other party in order to protect the party making the argument. The purpose of an ex parte hearing is to obtain a temporary order or decision from the court. These orders or decisions are usually requested in cases where time is of the essence, such as when a party is attempting to prevent irreparable harm from occurring. For example, in a case involving a breach of contract, the court may order the defendant to take certain actions in order to prevent the plaintiff from suffering irreparable harm before the dispute can be fully resolved. Ex parte hearings are also useful for obtaining temporary orders that can be swiftly enforced. For example, in the event of a dispute over the return of stolen property, the court may order the return of the property while the dispute is being decided. The court may also order the defendant to post a bond or security before the property is returned in order to protect the plaintiff. Ex parte hearings are complicated and risky proceedings, so it is important to ensure that all the requirements are met before making the request. The court must be satisfied that the parties in question are represented, and that both parties have been informed of the hearing. Furthermore, the judge must also be convinced that there is a substantial risk of irreparable harm if the requested order is not granted.
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