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ONC Lawyers | Hong Kong | 30 May 2023
Will the Court make a bankruptcy order when the dispute over the petition debt is subject to an exclusive jurisdiction clause outside Hong Kong?
In the latest judgment handed down by the Hong Kong Court of Final Appeal in Re Guy Kwok-Hung Lam [2023] HKCFA 9, the Court of Final Appeal clarified…
Westerberg & Partners Advokatbyrå AB | European Union, Sweden | 3 Apr 2023
Interpretation of EU Brussels Ia Regulation for patent applications deposited and patents granted in third countries
The Patent and Market Court of Appeal recently asked the Court of Justice of the European Union whether article 24(4) of the EU Brussels Ia Regulation should be applied to an entitlement action concerning patents and patent applications in third countries. This case concerns the interpretation of the EU Brussels Ia Regulation when patent applications are deposited, and patents are granted and......
Lee and Li Attorneys at Law | Taiwan | 27 Mar 2023
Legislative Yuan passes amendment to Intellectual Property Case Adjudication Act
Taiwan's Legislative Yuan has passed an amendment to the Intellectual Property Case Adjudication Act. The amendment has an extremely wide scope and represents the most significant revision to the Act since its implementation more than 14 years ago. It aims to establish an IP litigation system that is more professional, effective and in line with international trends. This article summarises......
Zivko Mijatovic & Partners | Serbia | 29 Nov 2022
Kraj isključivoj nadležnosti beogradskih sudova u sporovima iz oblasti prava intelektualne svojine u Srbiji?
Na Trećem advokatskom savetovanju članova AK Beograd, održanom na Zlatiboru 05.11.2022. Godine, u nizu predloga o izmenama pravosudnih zakona koje bi…
Zivko Mijatovic & Partners | Serbia | 29 Nov 2022
The End of Exclusive Jurisdiction of Belgrade Courts in Intellectual Property Disputes in Serbia?
During the Third conference of Belgrade BAR Association held in Zlatibor on November 5, 2022, in a series of proposals on changes to judicial laws, a…
ARBLIT Radicati di Brozolo Sabatini Benedettelli Torsello | Italy | 21 Jul 2022
Courts' jurisdiction to issue provisional measures in support of arbitration: forthcoming changes based on Law No. 206/2021
Law No. 206/2021 is a significant step forward for provisional relief in arbitrations seated in Italy to meet the best practice standard. Although different and somewhat more limited in scope, the role of the ordinary Italian courts will persist. However, critical questions still remain: it will be for the decrees implementing the civil procedure reform to strike a balance, which will......
Baker McKenzie | Australia | 16 Nov 2021
Australian Federal Court rules on class action waiver
The Federal Court recently refused to stay a class action proceeding brought in respect of a cruise ship, which had departed Sydney in March 2020 but was cut short following a large covid-19 outbreak. The decision shows that Australian courts are prepared to deny a stay, even in the face of exclusive jurisdiction agreements favouring another location, if there is a public interest in......
BTG Legal | India | 29 Oct 2021
Arbitration in India - legal implications of choice of ‘seat’
The debate on the role of 'seat' versus 'venue' in determining which court has supervisory jurisdiction over the arbitration, and whether the seat is…
Lexology PRO | United Kingdom | 14 Jun 2021
UK enforcer cannot review Giphy acquisition, Facebook argues
Despite investigating the deal for almost a year, the UK’s Competition and Markets Authority still cannot show that it has jurisdiction to review Facebook’s $400 million acquisition of Giphy, the merging companies have claimed.
Dentons | Singapore | 11 Apr 2019
Need for speed: get your anti-suit injunction fast!
Parties entering into arbitration agreements ordinarily abide by their contractually chosen dispute resolution mechanism and proceed accordingly. However, counterparties sometimes start proceedings in a foreign jurisdiction in breach of an arbitration clause. A recent Singapore Court of Appeal decision sets out firm guidance that a party that finds itself in this scenario should act as fast......
