Complete WP-0004 and WP-0005 jurisdiction research (8 of 8 each)
Executes all remaining shared jurisdictions across both workplans: Germany/EU (deepened contract-law angle), US (deepened), UK (deepened), Argentina, India, China, Africa (South Africa + OHADA), and Asia-Pacific (Singapore, Japan, Australia) - 13 new history/ research artifacts. Highest-priority findings: - Australia's Unfair Contract Terms regime (expanded Nov 2023) covers standard-form contracts with any business under 100 employees/$10M turnover by default - the CUA is exactly such a contract, and most realistic Customers fall within this threshold. Unlike every other jurisdiction's consumer carve-out, this is not an edge case. - China requires a "foreign-related" contract even to select foreign governing law, subject to a vague public-interest override even then - confirms a dedicated China rider is needed for both the License/CUA and the Enforcement Partner Agreement, not a shared global clause. - India flatly prohibits advocate contingency fees (no exception gates, stricter than Germany) while explicitly permitting third-party litigation funding - the cleanest confirmation yet that the Litigation Funder/Local Counsel split-role model is both necessary and legal there. - Japan's Article 12 fee-splitting rule means even the split-role fallback needs jurisdiction-specific structuring - the first case where the workaround itself, not just the original mechanism, has an open compliance question. - Contingency Share ceilings vary widely where available: UK 50% (exact match), South Africa 25%, Argentina 35% (50% only with risk assumption), China 18% down to 6% on a sliding scale that shrinks as claims grow. - Recurring cross-jurisdictional pattern (Germany, EU, US via CCPA, Argentina): B2B governing-law/liability clauses are respected, but an individual/sole-proprietor Customer's consumer-protection status is the operative risk everywhere, not a one-off edge case. Updates specs/EnforcementNetworkConcept.md §8.1 with a full 12-jurisdiction findings table and three cross-cutting conclusions. Updates both V1C1 documents' Appendix A items (governing law, liability cap, data protection) with the most consequential findings. Both workplans now have only their human-gated synthesis tasks (T09-T10 / T10) remaining. Co-Authored-By: Claude Sonnet 5 <noreply@anthropic.com>
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@ -142,11 +142,20 @@ enforcement procedure.
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```task
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id: TREV-WP-0005-T04
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status: todo
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status: done
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priority: medium
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state_hub_task_id: "b40fef09-f2a4-4fb4-9743-57de96b9b30f"
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```
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Result 2026-07-29: `history/260729-TREN-Jurisdiction-Argentina.md`
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produced. Argentina permits *pacto de cuota litis* — the first jurisdiction
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where single-role is available AND the cap is close to but below 50%:
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35% ordinarily in Buenos Aires City, rising to 50% only if the lawyer
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contractually assumes the case's cost/cost-liability risk (a structure
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that naturally resembles the Litigation Funder role even though not
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strictly required here). ~33% in other provinces, 20% in labor matters.
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No dedicated litigation-funding regime confirmed in this pass.
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Research *pacto de cuota litis* availability for Argentine abogados
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(generally more permissive than continental Europe, often with statutory
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caps) and the broader Latin American pattern this represents or diverges
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@ -159,11 +168,21 @@ for unauthorized commercial software use.
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```task
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id: TREV-WP-0005-T05
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status: todo
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status: done
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priority: medium
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state_hub_task_id: "cb8ec312-4afa-4812-b5fd-5193c6c57140"
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```
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Result 2026-07-29: `history/260729-TREN-Jurisdiction-India.md` produced.
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**Cleanest confirmation of the split-role model's necessity so far**:
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Bar Council of India Rule 20 flatly prohibits advocates from any
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contingent-fee or proceeds-sharing arrangement, with no exception gates
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at all (stricter than Germany's narrow-but-existing gates). Third-party
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litigation funding is explicitly not prohibited, including outcome-based
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funder compensation — the split-role structure maps exactly onto a
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distinction Indian law already draws cleanly. A live reform debate exists
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for arbitration specifically but is not yet a rule change.
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Research the Bar Council of India Rules' prohibition on advocates
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charging contingency fees, whether a Litigation Funder/Local Counsel split
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(concept §8) is viable under Indian law and professional-conduct rules
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@ -177,11 +196,23 @@ themselves, subject to some uncertainty), and IP enforcement procedure.
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```task
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id: TREV-WP-0005-T06
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status: todo
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status: done
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priority: medium
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state_hub_task_id: "e83722de-de3e-4a2b-ba8f-7f5d16ac5dae"
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```
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Result 2026-07-29: `history/260729-TREN-Jurisdiction-China.md` produced.
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Contingency fees are permitted but nationally capped on a steep sliding
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scale (18% below 1M CNY, down to 6% above 50M CNY) — well below 50% at
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every tier, and counterintuitively *lower* for larger, more valuable
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claims. Contingency is prohibited outright in several case categories
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(criminal, administrative, mass/collective litigation among them —
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worth checking whether a multi-violation Enforcement campaign could be
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characterized as the latter). A separate "risk agency" no-win-no-fee
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structure exists under the same caps. Recommends the EPA itself likely be
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governed by Chinese law given the foreign-related-contract constraint
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found in the parallel WP-0004 T06 pass.
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Research Chinese lawyers' contingency-fee rules (permitted in specified
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case types, typically capped, under Ministry of Justice regulation),
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litigation funding's presence and regulatory treatment in China, and the
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@ -196,11 +227,20 @@ counsel and pursuing enforcement in Chinese courts — building on
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```task
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id: TREV-WP-0005-T07
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status: todo
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status: done
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priority: medium
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state_hub_task_id: "c84f991f-34cc-42e0-acfd-4a5822a35f56"
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```
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Result 2026-07-29: `history/260729-TREN-Jurisdiction-Africa.md` produced.
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South Africa's Contingency Fees Act 66 of 1997 confirms single-role is
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available but capped at 25% (including VAT) of the capital sum, or double
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the attorney's normal fee if lower — a hard statutory cap well below 50%,
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confirmed via the Act itself, and courts have invalidated non-compliant
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agreements. OHADA's contingency-fee rules were **not found** in this pass
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— explicitly flagged as unresearched rather than assumed to follow the
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French pattern by inference alone.
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Research South Africa's Contingency Fees Act 1997 (a statutory framework
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explicitly permitting capped contingency fees for attorneys — likely the
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most permissive African anchor jurisdiction) and the OHADA zone's
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@ -214,11 +254,24 @@ WP-0004 T07.
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```task
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id: TREV-WP-0005-T08
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status: todo
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status: done
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priority: medium
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state_hub_task_id: "35c7f74e-f70b-4c4b-9445-03c8dde53bb7"
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```
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Result 2026-07-29: `history/260729-TREN-Jurisdiction-AsiaPacific.md`
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produced. Singapore permits CFAs only since May 2022, and only for
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arbitration/SICC/mediation-related proceedings — not ordinary litigation,
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a real scope limit for a straightforward Enforcement Action. Japan permits
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contingency broadly, but Article 12 of its Basic Rules on the Duties of
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Practicing Attorneys bans fee-splitting with non-lawyers — a genuine,
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previously-unflagged compliance risk for the Litigation Funder model
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itself, the first jurisdiction where even the split-role fallback has an
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open compliance question. Australia restricts lawyer contingency fees to
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Victoria-only class actions, but has a mature, broadly-regulated
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litigation-funding market nationally, making split-role the more natural
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default there for reasons distinct from Germany's or India's.
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Research Singapore's recent liberalization permitting Conditional Fee
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Agreements for certain proceedings (a change from its historical
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prohibition), Japan's customary success-fee arrangements under bar-
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