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Gan Partnership | Malaysia | 14 Jun 2022
Liquidated damages – second bite of the cherry?
In a recent case, the High Court discussed the circumstances in which purchasers are not entitled to bring an action against developers and related parties. The case serves as a caution that the Court will be unlikely to entertain parties that intend to reopen claims which have already been litigated before a competent tribunal or have been settled amicably by way of settlement agreements.
ARBLIT Radicati di Brozolo Sabatini Benedettelli Torsello | Italy | 31 May 2022
Res judicata effects of criminal judgment in subsequent civil proceedings under Italian law
The principle of res judicata means that, in most legal systems, final judgments no longer subject to appeal or revision are definitively binding upon the parties and their heirs and the ascertainment of truth contained therein is considered irrefutable. While the effects of a final judgment rendered in civil proceedings have been widely studied by Italian scholars, specific rules exist when......
Clasis Law | India | 15 Mar 2022
Is admiralty suit in rem maintainable against vessel owned by company under liquidation?
In a recent case, the plaintiff sought a summary judgment through an interim application in a commercial admiralty suit before the Bombay High Court under Order XIII-A read with Order XII Rule 6 of the Code of Civil Procedure against the defendant vessel. The suit was filed to recover, among other things, port charges and berth hire charges, aggregating to a sum of 93,719,098 Indian rupees......
Freshfields Bruckhaus Deringer | Benin, France | 17 Feb 2022
Paris Court of Appeal confirms pro-arbitration stance by enforcing ICC award set aside at seat
In a recent case, the Paris Court of Appeal confirmed its long-standing pro-arbitration stance by agreeing to enforce a contract-based award, despite the fact that the award had previously been set aside by the court at the seat of arbitration. France is a rare jurisdiction where legislation and supporting jurisprudence permits the enforcement of an award set aside at the seat.
Bryan Cave Leighton Paisner LLP | United Kingdom | 12 Oct 2021
Vale SA v Steinmetz: English court held that an arbitral decision cannot be relied upon in proceedings between non-parties
In a recent English judgment, Vale SA and others v Steinmetz and others [2021] EWCA Civ 1987, which concerned the effect that an arbitral award had…
Bird & Bird LLP | European Union, Germany | 5 Oct 2021
Year in review: notable 2020 Patent Cases in Germany
This was a landmark Federal Court of Justice decision considering the CJEU’s ruling in Huawei v ZTE (Case C-170/13). Among other issues, it…
Eversheds Sutherland (US) LLP | USA | 15 May 2020
Marcel Fashions Group did not “get lucky” with the doctrine of defense preclusion
On May 14, 2020, in a unanimous opinion authored by Justice Sotomayor, the US Supreme Court overturned the “defense preclusion” doctrine proposed by…
Danubia Patent and Law Office LLC | Hungary | 3 Apr 2020
Fallibility of a three dimensional mark
This article ought to be started with a report on a previous cancellation procedure, object of which was the same three dimensional mark, the…
DLA Piper | Global, USA | 31 Oct 2019
Disputes, Issue 1: Choice of law and the global class action − reliable outcomes or unintended consequences?
The choice-of-law provision is an important tool of modern contracts. Such provisions are not just pervasive; they are well-accepted as binding even…
Gomez-Acebo & Pombo Abogados | Spain | 2 Apr 2019
El ámbito de la oposición en el juicio cambiario
El artículo 827.3 de la Ley de Enjuiciamiento Civil (LEC) dispone que la Sentencia firme dictada en juicio cambiario «producirá efectos de cosa…
