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Litigation

14 July 2020
Antony Sassi Novel method of service using data room

Hong Kong - RPC

In Hwang v Golden Electronics Inc, the Court of First Instance of the High Court has approved a novel order allowing the plaintiffs to serve certain court documents on several of the defendants using a data room. The order provides that the plaintiffs shall send a court-approved letter by post or email to the defendants providing a link to the data room and, by separate post or email, an access code with instructions to access the data room.

Authors: Antony Sassi, David Smyth
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Ziad Obeid Landmark decisions in banking sector amid ongoing COVID-19 and economic crisis

Lebanon - Obeid Law Firm

Despite the lockdown and its impact on court activities, decisions have been handed down by judges of summary proceedings in an attempt to restore the rule of law in response to the de facto capital controls imposed by local banks. This article provides an overview of the judicial measures adopted in response to the COVID-19 pandemic and an overview of court decisions rendered against local banks.

Authors: Ziad Obeid, Nayla Comair Obeid, Dima Chehade
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Gan Khong Aik Apex court rules that foreign employee on successive fixed-term contract is permanent employee

Malaysia - Gan Partnership

Employers can offer fixed-term contracts to their employees (often for economic or management reasons). However, such prerogative is subject to scrutiny by the Malaysian courts so that it does not fetter employees' rights in terms of employment security. The Federal Court recently delivered a groundbreaking decision on this matter concerning a foreign employee.

Authors: Gan Khong Aik, Lee Sze Ching (Ashley)
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Annemieke Spijker Court rules that 'fear of loss' does not constitute damage under CMR

Netherlands - AKD

Under the Convention on the Contract for the International Carriage of Goods by Road (CMR), carriers are liable for the total or partial loss of goods or damage to goods that occurs between the carrier taking charge of the goods and delivery. The Court of Amsterdam recently held that the word 'damage' in the relevant sections of the CMR presumes substantial physical change to the state of the goods and ruled out, in this case, that a broken seal on a container represented damage.

Author: Annemieke Spijker
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Andy McGregor It's good to talk: successful party declined portion of costs for refusal to mediate

United Kingdom - RPC

In a recent High Court decision, a successful party was declined some of its costs on the basis of its unreasonable refusal to engage in mediation. The court's approach is consistent with two other recent cases in which the courts awarded indemnity costs against litigants that had failed to follow directions or give serious consideration to the obligation to engage in alternative dispute resolution.

Authors: Andy McGregor, Adam Forster
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Recent updates

Bram Woltering Use of customs information in relation to parallel imports

Netherlands - AKD

Author: Bram Woltering
Janine Häsler No review by Swiss courts of government's approach to climate change

Switzerland - Lenz & Staehelin

Author: Janine Häsler
Antony Sassi Further guidance on remote civil hearings

Hong Kong - RPC

Authors: Antony Sassi, David Smyth
Daniel Hemming Waiving goodbye to privilege – reliance is key

United Kingdom - RPC

Authors: Daniel Hemming, Steven Rajavinothan
Oliver Payne Standard directions in Section 238 appraisal proceedings confirmed

Cayman Islands - Ogier

Authors: Oliver Payne, Shaun Maloney
Gan Khong Aik Apex court rules that high court orders and decisions that do not finally dispose of litigants' rights are non-appealable

Malaysia - Gan Partnership

Authors: Gan Khong Aik, Ka Hui (Tommy) Lim
Nicolas Contis COVID-19: government emergency measures to mitigate pandemic's effects on legal delays

France - Kalliopé

Authors: Nicolas Contis, Talel Aronowicz
Ella Boardman COVID-19 Weekly Report (25-31 May 2020)

International - International Law Office

Author: Ella Boardman

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