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Litigation

12 January 2021
Rebecca Wong Phase 3 of court guidance for remote hearings for civil business

Hong Kong - RPC

A third guidance note on the use of remote hearings for civil proceedings took effect on 2 January 2021. The guidance note (representing Phase 3) provides for wider use of videoconferencing facilities and telephone hearings with respect to all levels of civil courts in Hong Kong. In particular, Phase 3 is more comprehensive and provides more options for connecting with the courts' videoconferencing facilities.

Authors: Rebecca Wong, Jonathan Crompton, David Smyth
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Carissa How Section 368 of Companies Act: apex court rules ex parte application for restraining proceedings is valid

Malaysia - Gan Partnership

A recent Federal Court decision regarding applications made by a company or its creditors under Section 368 of the Companies Act 2016 to restrain proceedings against the company under a proposed scheme of arrangement appears to be a welcomed decision. Clarity is now proffered on the procedure to be adopted when making such applications. Nevertheless, there may yet still be room for further judicial interpretation on applications concerning a scheme of arrangement.

Author: Carissa How
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Eliana Tuijn How to catch evidence in Dutch civil procedures without fishing expeditions

Netherlands - AKD

In the Netherlands the general discovery trial is an unknown phenomenon. However, certain documents may be obtained pursuant to Article 843a of the Code of Civil Procedure. If all of the relevant requirements are met and no restrictive grounds apply, the court will allow the claim for disclosure of a copy, extract or inspection of the requested documents. This article outlines how this procedure works.

Author: Eliana Tuijn
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Recent updates

Beril Yayla Sapan Parties can now request an extension to object to expert reports

Turkey - Gün + Partners

Authors: Beril Yayla Sapan, Asena Aytuğ Keser, Kardelen Özden
Gan Khong Aik De facto doctrine applies to defective judicial appointments and preserves judicial decisions

Malaysia - Gan Partnership

Authors: Gan Khong Aik, Yuen Wah Foo
Nicolas Contis Clarification of rules on fast-track appeal proceedings

France - Kalliopé

Authors: Nicolas Contis, Talel Aronowicz
Antony Sassi QR served

Hong Kong - RPC

Authors: Antony Sassi, Jason Carmichael, David Smyth
Marco Torsello Third-party litigation funding agreements

Italy - ARBLIT Radicati di Brozolo Sabatini Benedettelli Torsello

Authors: Marco Torsello, Lucia Pontremoli
Alastair Hall Beware: High Court refuses permission to rely on new witness statement prepared part way through trial

United Kingdom - RPC

Authors: Alastair Hall, Daniel Wyatt
Mathieu Laurent Shareholder dispute: court cancels capital increase due to breach of preferential subscription right

Luxembourg - Luther SA

Author: Mathieu Laurent
Bram Woltering Amsterdam Court of Appeal overturns Max Verstappen's victory

Netherlands - AKD

Author: Bram Woltering

Upcoming event

IPBC Global 2021

14-16 November 2021

IPBC Global will bring the world’s IP business leaders back together again in 2021 when it reconvenes in Seattle, the fastest growing tech hub in the United States and home to some of the most innovative businesses on the planet. From 14 to 16 November 2021, attendees at the world’s leading IP event will enjoy unsurpassed networking and deal-making opportunities, as well as the chance to join high-level discussions around the key challenges facing those responsible for developing IP business strategies now and into the future.


For more details please visit:
https://cvent.me/ebeeOG?RefId=LexILO

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