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Litigation

13 October 2020
William Jones Court of Appeal enforces foreign arbitral award in favour of Brazilian airline

Cayman Islands - Ogier

The Court of Appeal has overturned an earlier decision of the Grand Court, thereby allowing the enforcement of an International Chamber of Commerce arbitral award issued in favour of a Brazilian airline. The decision raises important and difficult issues relating to the enforcement of foreign arbitral awards which are the subject of robust challenge before the courts of supervisory jurisdiction.

Authors: William Jones, Marc Kish, Anna Snead
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Antony Sassi Court refuses to restrain presentation of winding-up petition and comments on ex parte proceedings

Hong Kong - RPC

The High Court recently dismissed a plaintiff company's application to continue an ex parte injunction to restrain the defendant bank from presenting a winding-up petition against the company. The company claimed that it had already secured the bank's debt and that, therefore, the bank could not demonstrate that it was unable to pay its debts for the purposes of Section 178(1)(a) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32).

Authors: Antony Sassi, Jacky Darsono
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Mathieu Laurent Luxembourg District Court rules on company wrongdoing as ground for piercing corporate veil

Luxembourg - Luther SA

The Luxembourg District Court recently ruled that a wrongful action committed by a company in the context of third-party attachment proceedings was justification to pierce the corporate veil. The decision confirms that the often-difficult task of proving that a company is fictitious is no longer the only possible way in which to thwart a debtor's fraudulent manoeuvres.

Authors: Mathieu Laurent, Raphaël Schindler
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Carissa How Post-ASM: is an adjudication decision a disputed debt?

Malaysia - Gan Partnership

In ASM Development (KL) Sdn Bhd v Econpile (M) Sdn Bhd, Darryl Goon J (now JCA) held that an adjudication decision, even one which has been enforced as if it were a court judgment or order pursuant to Section 28 of the Construction Industry Payment and Adjudication Act 2012, is still a disputable decision. While the high court departed from ASM in one recent case, in another, it agreed with Darryl Goon J's decision. As such, there now appears to be two different schools of thought on this matter.

Authors: Carissa How, Min Lee Tan
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Victoria Rea Cryptocurrencies as property

New Zealand - Wilson Harle

The NZ High Court recently held that cryptocurrency constitutes property at common law and is therefore capable of being held on trust. The decision has brought welcome certainty to the legal status of cryptocurrency in New Zealand and will give more comfort to those trading in cryptocurrencies throughout the country. Recognition of cryptocurrency as property is an important step in clarifying rights and obligations surrounding cryptocurrency.

Author: Victoria Rea
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Kirtan Prasad Fishing expedition or genuine application? Norwich Pharmacal relief when wrongdoing is still unknown

United Kingdom - RPC

The High Court of England and Wales has recently taken a flexible approach to the conditions which a victim of wrongdoing must satisfy in order to obtain information from third parties potentially mixed up in that wrongdoing. In a recent decision in which it granted a Norwich Pharmacal order, the court held that it was sufficient to establish a good arguable case for essential elements of the cause of action, even if there were significant questions over important case aspects, such as limitation.

Authors: Kirtan Prasad, Davina Given
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Recent updates

Richard Schmidt Does choice of court amount to choice of law?

Hungary - SMARTLEGAL Schmidt & Partners

Authors: Richard Schmidt, Anita Vereb
Victoria Rea Contractual interpretation revisited

New Zealand - Wilson Harle

Author: Victoria Rea
Beril Yayla Sapan Court of Cassation's latest approach to actions for unquantified amounts of receivables

Turkey - Gün + Partners

Authors: Beril Yayla Sapan, Asena Aytuğ Keser, Melis Sılacı Korkmaz
Gan Khong Aik From bare trustee to chargee: does registration of a charge assure an indefeasible interest?

Malaysia - Gan Partnership

Authors: Gan Khong Aik, Lee Sze Ching (Ashley), Yuen Wah Foo
Emily Saffer Overseas in-house lawyers' advice covered by legal advice privilege

United Kingdom - RPC

Authors: Emily Saffer, Daniel Wyatt
Jeremy Snead Cayman injunctions in aid of foreign proceedings

Cayman Islands - Ogier

Authors: Jeremy Snead, Marc Kish, Victoria King
Simon Davies Guernsey injunctions in aid of foreign proceedings

Guernsey - Ogier

Authors: Simon Davies, Sandie Lyne, Kellie Sherwill
Haco van der Houven van Oordt London arbitral award not enforced in Netherlands

Netherlands - AKD

Author: Haco van der Houven van Oordt

Upcoming event

IAM Industry Review 2020

30 November – 9 December 2020

Most of the world’s major economies have been subject to some kind of pandemic-induced lockdown in 2020, but that does not mean that everything has stopped. As well as adjusting to the multiple practical and strategic challenges posed by COVID-19, IP professionals in a number of key industries have also had to absorb regulatory developments, potentially game-changing court decisions, new legislation, big deals and a shifting patent landscape. IAM’s Industry Review 2020 will focus on five key business sectors: life sciences; telecoms; automotive; software and AI; and semiconductors. For each one, leading experts will explore the year’s ups, downs and pivotal moments, while dissecting what they will mean for 2021.


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