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2 months ago | 
pinsentmasons.com | Attila Bangha-Szabo |Aleesha Way |Andrew Mitchell
The case concerns the treatment of shareholder loans under German insolvency law and the question of whether the relevant German provisions apply to a loan granted by an EU shareholder – in this case from Austria – where the loan agreement contains a provision stating that the agreement is subject to Austrian law. The case that has been referred to the CJEU concerns an Austrian engineering company that was a shareholder in a German limited liability company (GmbH) based in Schwerin.
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2 months ago | 
pinsentmasons.com | Mohammed Talib |Scheherazade Dubash |Aleesha Way |Andrew Mitchell
India is at an inflection point, moving towards becoming a hub for international and institutional arbitration. Efforts to strengthen the arbitration ecosystem, legislative amendments, and the establishment of dedicated arbitration centres and membership organisations are driving this shift. The Indian government recently completed a consultation on a bill featuring proposed amendments to the Indian Arbitration Act.
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2 months ago | 
pinsentmasons.com | Melissa McLaren |Aleesha Way |Andrew Mitchell
The revival of the Saudi Center for Commercial Arbitration (SCCA) rules, a developing legislative framework governing enforcement, and recent evidence of the Saudi courts show that the KSA is continuing to adopt a pro-enforcement regime. However, there still remain challenges to enforcement across the KSA. The second edition of the SCCA Rules, effective for all arbitrations filed on or after 1 May 2023, aligns the institution with international best practice.
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Dec 11, 2024 | 
pinsentmasons.com | Christopher Sharp |Judith Krens |Aleesha Way |Andrew Mitchell
Pharmaceutical and biotech businesses were enthusiastic about the UPC before the court opened, but so far there has only been a handful of UPC disputes involving such companies. Now the court has been operating for 18 months, the reasons for this relatively low level of activity are becoming clearer. Engagement is expected to increase over time as the UPC case law evolves and offers more certainty to businesses.
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Dec 10, 2024 | 
pinsentmasons.com | Stacy Keen |William Brillat-Capello |Aleesha Way |Andrew Mitchell
William Brillat-Capello of Pinsent Masons in Paris highlighted that the Court of Justice of the EU (CJEU) has been asked to interpret the scope of EU sanctions regulations relating to Yemen in a case arising from the courts in France, where oil companies have been trying to obtain annulment of a damages award made against them in an ICC arbitration.
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Nov 21, 2024 | 
pinsentmasons.com | Sarah Taylor |Aleesha Way |Andrew Mitchell |Attila Bangha-Szabo
According to patent experts at Pinsent Masons, this is another decision which helps to advance the UPC’s approach to patent claim construction. “The ruling is interesting as it provides further clarity to businesses as to how the UPC will interpret patent claims,” said Sarah Taylor, a patent law expert at Pinsent Masons.
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Nov 11, 2024 | 
pinsentmasons.com | Johanna Weißbach |Aleesha Way |Andrew Mitchell
The Act introducing a precedential ruling procedure at the Federal Court of Justice (BGH) was promulgated in the Federal Law Gazette on 30 October and entered into force the day after. The BGH has already made use of the new law: on 31 October, it selected a data protection case as the first lead case. Mass proceedings involve a large number of individual lawsuits in identical or similar cases.
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Nov 8, 2024 | 
pinsentmasons.com | Lisa Carty |Aleesha Way |Andrew Mitchell
Lisa Carty, commercial litigation expert at Pinsent Masons, was commenting following a High Court judgment she said demonstrated how essential it is for a defendant to provide sufficient evidence of a valid defence to a plaintiff’s claim to succeed in an application for security for costs. Carty said: “It can be tempting to withhold important strategic information at such an early stage of the proceedings.
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Oct 16, 2024 | 
pinsentmasons.com | Jane Bourke |Maureen Daly |Aleesha Way |Andrew Mitchell
This especially applies when dealing with marks that have acquired a substantial international reputation before adopting a trade mark. The decision also serves as a stark reminder for Irish businesses to conduct thorough searches before using a trade mark, and to ensure that their mark is sufficiently unique to avoid potential conflicts with other brand owners.
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Oct 4, 2024 | 
pinsentmasons.com | Johanna Weißbach |Aleesha Way |Andrew Mitchell |Attila Bangha-Szabo
The German Bundestag has adopted the federal government's bill to introduce a precedential ruling procedure at the Federal Court of Justice (BGH) with minor amendments. Mass proceedings involve a large number of individual lawsuits in identical or similar cases. The steadily increasing number of such mass actions, for example in the areas of delayed flights and data protection, has been a burden on the German judiciary for years.
