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Court Cases

02/20/2024

Federal Case Challenges Mass Arbitration “Shakedown” Amid Recent Amendments to AAA Rules

Attorneys must sign all pleadings

02/15/2024

Irish court scrutinises claims of third-party litigation funding in tax dispute

The court ruled that the proceeds of the litigation process were the unpaid taxes, surcharges, and interest, not the costs.

02/14/2024

Irish High Court affirms high threshold for injunctions to restrain letter of credit payment

The High Court refused the injunction, finding that First Modular had failed to satisfy the necessary threshold for injunctive relief where letters of credit are concerned.

02/07/2024

English Court takes novel approach to sovereign immunity in the registration of ICSID awards

The English court was bound by the decision of the tribunal and the annulment committee that Zimbabwe had consented to the dispute being submitted to ICSID arbitration.

02/07/2024

German Supreme Court affirms compatibility of extra-EU BIT arbitrations with EU law

The CJEU found that the CETA Tribunal follows EU law as a fact and not subject to interpretation

02/06/2024

Viberts announces that it has joined forces with Lacey Advocates

These skills align perfectly with our commitment to deliver exceptional Dispute Resolution services and more broadly.

02/06/2024

Update to the Adler High Court Decision: The UK’s Court of Appeal Overturns the High Court’s Approval of the Adler Restructuring Plan

The Adler Group, a prominent German property group, faced a myriad of liquidity challenges following the impact of ratings downgrades, regulatory/bondholder scrutiny and short-selling pressure.

02/06/2024

Hong Kong SAR court upholds principle of non-interference in arbitration

This was based on a law that changed in Hong Kong just days before the arbitrator’s decision.

02/06/2024

Cooley, Cybersecurity Leaders File Brief Opposing SEC’s SolarWinds Cyberattack Case

This US Securities and Exchange Commission (SEC) action arises out of sustained cyberattacks between 2018 and 2020 perpetrated by Russian government-backed hackers against SolarWinds

02/05/2024

Strengthened collaboration between BVI and PRC: a precedent of enforcing a PRC arbitral award

The BVI Court, however, considered such an objection to be misconceived.

02/02/2024

Court of Appeal confirms that a Receiver does not require a Court Order for taking Possession of a Mortgaged Property

The decision of the Court of Appeal has now clarified the uncertainty created by the High Court decision in the Hade Case.

01/31/2024

Shades of grey? Unfair prejudice and derivative actions in Jersey following Ntzegkoutanis v Kimionis

This has certainly been the clear-cut case in Jersey.

01/22/2024

Chipping away at the investor exception? Implications of the YA global case for foreign investors in US private funds

The court held further that all of the fund's earnings during the relevant period—a combination of gains, interest, dividends, and fee income—were "effectively connected" with the fund's US trade or business

01/16/2024

UK tribunal decision ‘offers comfort’ to employers addressing underrepresentation

To take lawful positive action, employers must also be able to provide evidence that proper time and thought have been put into their strategic ambitions

01/16/2024

Withers secures victory in significant bonus clawback case

Mr Steel was unsuccessful on both counts.

01/12/2024

CJEU: strict liability for wrongful preliminary patent injunctions compatible with the EU IP enforcement directive

In its new judgment, the CJEU clarified that interpretation is incorrect and that strict liability regimes such as the one provided for in Finnish law are compatible with Article 9(7) of the EU IP Enforcement Directive.

01/02/2024

Bird & Bird gained exceptional decision for NanoString in ongoing patent litigation

Such an exception can be given if an aspect relevant to a decision was not examined by the 1st instance, which raises difficult legal questions that cannot be clearly answered.

12/20/2023

First UPC Court of Appeal case bleeds into 2024

Rather than issuing a ruling on the admissibility of the document at this stage, the UPC Court of Appeal gave 10x Genomics time to review the document during the lunch break

12/18/2023

Bridging borders: a new page for reciprocal enforcement of Mainland Judgment in Hong Kong from 29 January 2024

Under the 2019 Arrangement, there is no longer a requirement for a judgment to be "final and conclusive"

12/15/2023

An Officer and an Administrator? The Supreme Court Weighs in on the role of Administrators in the Companies they administrate

The TULRCA imposes certain consultation and notification duties on employers who are contemplating making 20 or more employees redundant within a period of 90 days or less

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Recognition and Enforcement of Foreign Judgments in Guernsey

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