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Litigation

08 June 2021
Jennifer Fox Frozen in time: do limitation periods apply to claims against Cayman companies in liquidation?

Cayman Islands - Ogier

Previously, it was generally understood that the Cayman approach to claims against companies in liquidation followed the English position on the issue of limitation – that is, the limitation period ceased to run once the company went into liquidation, with some exceptions. However, the Grand Court recently challenged this assumption and reinterpreted the principles from the English authorities on this important point.

Authors: Jennifer Fox, Victoria King
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Nihal Shaikh Changing arbitration venue by mutual agreement makes new venue seat of arbitration

India - Clasis Law

The Supreme Court recently considered the implications of parties changing the venue or place of arbitration by mutual agreement. This is an important decision on the effect that a change of venue in arbitration proceedings has on the courts which have supervisory jurisdiction over said proceedings. The court, having held that the courts at the new arbitration venue had exclusive jurisdiction over the arbitral proceedings, has once again reinforced the legal importance of the seat of arbitration.

Authors: Nihal Shaikh, Shrikant Pillai
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Marco Torsello Case law on guarantees for defective goods in contracts of sale

Italy - ARBLIT Radicati di Brozolo Sabatini Benedettelli Torsello

The contract of sale has long been the most relevant legal instrument for the exchange of goods. Therefore, this basic transaction is subject to a series of special remedies aimed at ensuring its integrity. In 2019 the Joint Chambers of the Supreme Court of Cassation adopted two solutions. While both solutions seem desirable and reasonable, the judgments show some inconsistencies which will need to be addressed again and reconciled in the near future.

Authors: Marco Torsello, Enrico Pedrotti
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Bahari Yeow Tien Hong Is my name truly mine?

Malaysia - Gan Partnership

In a recent case concerning a popular nasyid singer and composer, the Federal Court answered the question of law of who has the locus standi to commence a common law passing-off action as the owner of goodwill where two entities are entitled to claim such goodwill. The Federal Court's decision is a testament to the growth and advancement of the IP law regime in Malaysia.

Authors: Bahari Yeow Tien Hong, Lim Zhi Jian, Alex Choo Wen Chun
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Thijs Hekman Terminating and opening bank accounts through litigation

Netherlands - AKD

Litigation on the termination of bank accounts due to compliance issues or strategic reorientation has become more prevalent in recent years. However, there has also recently been a trend in the opposite direction, where banks' refusal to open bank accounts has led companies to initiate legal proceedings against them. This article provides an overview of recent litigation on both the termination and opening of bank accounts.

Author: Thijs Hekman
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Susanne Brütsch Complying with professional conduct rules for lawyers – a balancing act

Switzerland - Lenz & Staehelin

The Swiss Bar Association (SAV) Code of Professional Conduct contains provisions on how lawyers should interact with clients, the courts and professional colleagues. A recent Federal Supreme Court decision illustrates the forms which violations of the SAV Code of Professional Conduct can take. In this judgment, the highest Swiss court decided that such a violation can take the form of "active interference with the court's establishment of the truth".

Author: Susanne Brütsch
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Recent updates

Jeremy Snead Approach to interest and costs in Section 238 proceedings confirmed

Cayman Islands - Ogier

Authors: Jeremy Snead, Shaun Maloney, Farrah Sbaiti
Aniketh Nair Copyright registration is not mandatory for seeking protection under Copyright Act

India - Clasis Law

Authors: Aniketh Nair, Anant Tripathi
Emily Saffer High Court issues reminder of res judicata and abuse of process principles

United Kingdom - RPC

Authors: Emily Saffer, Parham Kouchikali
Axel Seger Submission of evidence in court proceedings does not constitute copyright infringement

Sweden - Westerberg & Partners Advokatbyrå Ab

Authors: Axel Seger, Hans Eriksson
Richard Schmidt Is a judge biased if they have issued an unfavourable judgment in another case?

Hungary - SMARTLEGAL Schmidt & Partners

Author: Richard Schmidt
Antony Sassi Adjournment of trial only in 'exceptional circumstances'

Hong Kong - RPC

Authors: Antony Sassi, Rebecca Wong, David Smyth
Bram Woltering Court rejects Chanel's request to gather evidence regarding potential infringement

Netherlands - AKD

Author: Bram Woltering
Min Lee Tan CIPAA: adjudicators' powers to order remedies and interest when payment clause is unenforceable

Malaysia - Gan Partnership

Authors: Min Lee Tan, Yuen Wah Foo

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.


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