Litigation

08 June 2021

Frozen in time: do limitation periods apply to claims against Cayman companies in liquidation?

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.

Jennifer Fox Authors: Jennifer Fox | Victoria King

Cayman Islands | Ogier

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Changing arbitration venue by mutual agreement makes new venue seat of arbitration

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.

Nihal Shaikh Authors: Nihal Shaikh | Shrikant Pillai

India | Clasis Law

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Case law on guarantees for defective goods in contracts of sale

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.

Marco Torsello Authors: Marco Torsello | Enrico Pedrotti

Italy | ARBLIT Radicati di Brozolo Sabatini Benedettelli Torsello

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Is my name truly mine?

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.

Bahari Yeow Tien Hong Authors: Bahari Yeow Tien Hong | Lim Zhi Jian | Alex Choo Wen Chun

Malaysia | Gan Partnership

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Terminating and opening bank accounts through litigation

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.

Thijs Hekman Author: Thijs Hekman

Netherlands | AKD

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Complying with professional conduct rules for lawyers – a balancing act

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".

Susanne Brütsch Author: Susanne Brütsch

Switzerland | Lenz & Staehelin

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Recent updates

Approach to interest and costs in Section 238 proceedings confirmed

Jeremy Snead Authors: Jeremy Snead | Shaun Maloney | Farrah Sbaiti

Cayman Islands | Ogier

Copyright registration is not mandatory for seeking protection under Copyright Act

Aniketh Nair Authors: Aniketh Nair | Anant Tripathi

India | Clasis Law

High Court issues reminder of res judicata and abuse of process principles

Emily Saffer Authors: Emily Saffer | Parham Kouchikali

United Kingdom | RPC

Submission of evidence in court proceedings does not constitute copyright infringement

Axel Seger Authors: Axel Seger | Hans Eriksson

Sweden | Westerberg & Partners Advokatbyrå Ab

Is a judge biased if they have issued an unfavourable judgment in another case?

Richard Schmidt Author: Richard Schmidt

Hungary | SMARTLEGAL Schmidt & Partners

Adjournment of trial only in 'exceptional circumstances'

Antony Sassi Authors: Antony Sassi | Rebecca Wong | David Smyth

Hong Kong | RPC

Court rejects Chanel's request to gather evidence regarding potential infringement

Bram Woltering Author: Bram Woltering

Netherlands | AKD

CIPAA: adjudicators' powers to order remedies and interest when payment clause is unenforceable

Min Lee Tan Authors: Min Lee Tan | Yuen Wah Foo

Malaysia | Gan Partnership

Upcoming event

IPBC Global 2021

14-16 November 2021

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