What is the concept of estoppel in international litigation?
Estoppel is a legal concept in international litigation in North Carolina that prevents a party from making arguments contrary to a previous action. Estoppel can be either a form of affirmative defense or a form of judicial estoppel. Affirmative estoppel, also called estoppel by record, prevents a party from using arguments that are inconsistent with their prior action. This applies in civil cases when one party has already received a certain benefit, making it inequitable for them to take a competing position on an issue related to that benefit. Judicial estoppel prevents a party from changing their position in litigation. For example, if a party argues one point in a trial and then argues the opposite point in a subsequent trial, the court may use judicial estoppel to prevent them from doing so. This legal concept is used to ensure parties are consistent in their legal arguments. In North Carolina, courts look at a number of factors when determining whether estoppel applies, such as how long the prior position was held, how inconsistent the new position is, and whether or not the party deliberately changed their position. Estoppel can be used to both protect a party’s rights and to ensure that litigants act in good faith. Estoppel is an important concept in international litigation in North Carolina and can have a significant impact on the outcome of a case.
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