Litigationhttps://www.pinsentmasons.com/shared-content/rss-feed/outlaw-litigationOut-Law Litigationen-GB60{E6D8A3CF-6A22-492D-8682-E000386BE0AF}https://www.pinsentmasons.com/out-law/news/new-eu-design-rules-adopted-but-ai-opportunity-missed?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationNew EU design rules adopted but AI opportunity missedEuropean law makers have missed an opportunity to implement specific rules governing AI-created designs following the adaptation of the new EU design protection rules, an intellectual property law expert has said. Wed, 27 Mar 2024 15:54:03 Z{50FE121B-CBB7-4443-8B67-5ABB69E79D3E}https://www.pinsentmasons.com/out-law/news/illumina-grail-raises-questions-over-eu-merger-control-regime?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationIllumina-Grail opinion raises questions over EU merger control regimeAn advocate general’s legal opinion has advised the Court of Justice of the EU (CJEU) to overturn a lower court decision which found that the European Commission had power to review a merger where neither EU nor national merger notification thresholds were triggered.Tue, 26 Mar 2024 16:18:44 Z{2194F790-531E-45D8-A676-0080D98159E8}https://www.pinsentmasons.com/out-law/news/hong-kong-sar-international-arbitration-centre-statistics-reveal-record-highs?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationHong Kong SAR's international arbitration centre statistics reveal record highsCase statistics from the Hong Kong International Arbitration Centre (HKIAC), the leading dispute resolution organisation in the Hong Kong Special Administrative Region (SAR), have revealed a record high in the amounts in dispute across the arbitrations the HKIAC saw in 2023. Mon, 25 Mar 2024 03:40:42 Z{46A46F97-9FB7-429B-8676-B6A58DC5B5CB}https://www.pinsentmasons.com/out-law/news/out-law-legal-litigation-funding-bill-proposed-to-reverse-uk-paccar-ruling?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationLitigation funding bill proposed to reverse UK PACCAR rulingDraft legislation introduced before the UK parliament on Tuesday should, if passed, make it easier to enforce third-party litigation funding agreements that link the fees litigation funders receive to the damages parties are awarded by courts, according to experts in litigation and legal costs.Wed, 20 Mar 2024 16:27:45 Z{45309601-C16D-46CB-934A-F8FF9EFA508A}https://www.pinsentmasons.com/out-law/analysis/fmj-proposes-german-arbitration-law-reform?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationFMJ proposes German arbitration law reformThe Federal Ministry of Justice has proposed a draft bill for a law on the modernisation of arbitration law. The aim of this law is to update the German arbitration law.Tue, 19 Mar 2024 18:16:39 Z{7FF212FE-73C0-4896-A438-D3135D05F4D7}https://www.pinsentmasons.com/out-law/guides/the-impact-of-new-eu-mass-actions-directive-across-europe?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationThe impact of the new EU mass actions directive across EuropeMass actions, sometimes described as collective, class or group actions, are actions brought by multiple claimants against the same defendant or group of defendants, generally in relation to harm said to have been caused to the claimants in the same or a similar way. Tue, 19 Mar 2024 14:46:49 Z{E57215FB-9591-443F-B00D-F51F7861CD2F}https://www.pinsentmasons.com/out-law/analysis/podcast-germany-overhauls-arbitration-laws-and-court-victory-lookalike-supermarket-cider?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationPODCAST: Germany overhauls arbitration laws, and a court victory for a 'lookalike' supermarket ciderGermany is modernising how arbitration works: Sandra Gröschel guides us through the changes. And Emily Swithenbank explains why a court victory for Aldi's own brand cider could change the way companies protect their food and drink products.Tue, 19 Mar 2024 10:26:54 Z{9E24C836-608A-41AD-A4D0-54D6B31080EA}https://www.pinsentmasons.com/out-law/news/india-uae-bilateral-investment-treaty?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationIndia, UAE promote investor confidence with bilateral investment treatyThe recently signed bilateral investment treaty (BIT) between India and the United Arab Emirates (UAE) is expected to facilitate investments in both countries and foster foreign direct investment (FDI) opportunities, international arbitration experts say.Fri, 15 Mar 2024 11:10:12 Z{219C4292-2CB5-4117-81B9-E6BB8CA579EB}https://www.pinsentmasons.com/out-law/news/challenge-raised-irish-central-banks-pcf-interview-process?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationSuccessful challenge raised to Irish Central Bank’s PCF interview processA successful legal challenge to the Central Bank of Ireland’s pre-approval controlled function (PCF) interview and decision-making process has several important implications for the fitness and probity assessments of people in senior positions in the financial sector, a legal expert has said. Thu, 14 Mar 2024 16:10:08 Z{A3ABDD7C-BFC1-40AA-A572-555AB9FA6165}https://www.pinsentmasons.com/out-law/analysis/arbitration-law-reform-strengthen-germany-venue-international-disputes?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationArbitration law reform to strengthen Germany as a venue for international disputesThe German Ministry of Justice’s planned modernisation of its arbitration law will set the direction of travel of the German arbitration market. The first major reform in 25 years is aimed at making arbitration more efficient, more cost effective and more attractive for the parties, and to strengthen Germany as an arbitration venue for solving international commercial disputes.Thu, 14 Mar 2024 14:18:40 Z{62A76690-A49A-4B5F-8971-C332D9486489}https://www.pinsentmasons.com/out-law/analysis/international-arbitration-global-developments-current-trends?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationInternational arbitration: global developments and current trendsArbitration continues to develop as the dispute resolution mechanism of choice for global entities in many business sectors, offering parties in dispute the commercial certainty of a final, binding and enforceable decision.Thu, 14 Mar 2024 12:28:12 Z{68A94592-28C0-40D2-BDE5-2982E2316444}https://www.pinsentmasons.com/out-law/analysis/environment-arbitration-middle-east-evolving?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationHow the environment for arbitration in the Middle East is evolvingA widespread programme of modernisation of arbitration institutions, arbitration rules, and local legislation in the Middle East, will encourage an increasing number of businesses to resolve their disputes in the region.Thu, 14 Mar 2024 11:50:36 Z{69AF6F6C-4760-473E-9F0A-0509F7811316}https://www.pinsentmasons.com/out-law/analysis/energy-charter-treaty-reform-stalemate-investment-treaty-arbitration?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationEnergy Charter Treaty reform stalemate sparks uncertainty for investment treaty arbitrationThe EU’s participation in the Energy Charter Treaty (ECT) is at a crossroads, as some EU member states have decided to withdraw from the ECT while others continue to support its modernisation.Thu, 14 Mar 2024 11:23:27 Z{956862F1-5F2B-4E00-8AD3-AF6128DFE679}https://www.pinsentmasons.com/out-law/analysis/recent-cases-arbitration-france?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationRecent cases have shaped arbitration in FranceRecent rulings by the courts in France have highlighted the scrutiny arbitrators can come under over perceived conflicts of interest, the challenges successful parties in arbitration can face in enforcing arbitral awards that give rise to issues of international public policy, and how French arbitration law can still be considered the governing law of an arbitration agreement even when parties have selected another country’s law to govern their contract.Thu, 14 Mar 2024 11:15:30 Z{DBC850FE-0C4B-4756-B2EC-46761BBBC3F7}https://www.pinsentmasons.com/out-law/news/iba-guidelines-require-firms-arbitrators-change-disclosures-approach?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationNew IBA guidelines require firms and arbitrators to change disclosures approachNew guidelines issues by the International Bar Association (IBA) will require parties, counsels, and arbitrators to reappraise their approach to making disclosure in arbitrations, an expert has said.Thu, 14 Mar 2024 11:09:27 Z{4C7F3AE6-6A54-444A-B28E-FFA1D4A5351C}https://www.pinsentmasons.com/out-law/news/supreme-court-ruling-clarity-assignment-of-interest-litigation?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationIrish Supreme Court ruling provides clarity over assignment of interest in litigationA recent Irish Supreme Court ruling provides clarity on the validity of assigning interest in legal claims as well as underscoring the judiciary’s commitment to facilitating fair and efficient access to justice, an expert has said.Fri, 08 Mar 2024 16:32:02 Z{FFB9828D-CE44-4F57-9B32-326B18D4F1E0}https://www.pinsentmasons.com/out-law/news/apple-penalty-highlights-ongoing-eu-antitrust-focus?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationApple’s €1.8bn penalty highlights ongoing EU antitrust focus in digital sectorThe European Commission’s decision to fine Apple €1.8 billion for competition law breaches could raise concerns over the EU’s calculation of penalties and how non-monetary harm should be quantified. Fri, 08 Mar 2024 12:07:41 Z{E7BBE05A-3930-402D-9A03-E377979FEF09}https://www.pinsentmasons.com/out-law/news/eu-fsr-100-day-briefing-provides-valuable-insights-for-firms?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationEU FSR 100-day briefing provides valuable insights for firmsRecently published information on the application of the EU’s Foreign Subsidies Regulation (FSR) reveals an unexpected uptick in notifications and gives valuable initial insights into the European Commission’s approach in scrutinising corporate transactions.Thu, 07 Mar 2024 15:24:25 Z{65E55A7A-C7D9-42BB-A171-9423BCEE0BDC}https://www.pinsentmasons.com/out-law/analysis/data-case-shows-cat-claims-are-broadening?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationData case shows CAT claims are broadeningThe type of claims being raised in opt-out collective proceedings before the UK’s Competition Appeal Tribunal (CAT) is broadening, with the CAT’s recent certification of a data-related claim the latest example of this trend.Mon, 04 Mar 2024 14:33:21 Z{65C3C01F-B4F7-4692-B8D2-6E14117B4D32}https://www.pinsentmasons.com/out-law/news/uk-announces-energy-charter-treaty-withdrawal?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationUK announces Energy Charter Treaty withdrawal, citing need to focus on net zero strategyThe UK has announced that it will leave the Energy Charter Treaty (ECT), due to what it described as the failure of efforts to align the Treaty with its net zero commitments.Mon, 04 Mar 2024 10:46:27 Z{4B13420D-E9E3-4269-B8FC-9E07A4EE0CED}https://www.pinsentmasons.com/out-law/analysis/international-arbitration-uptake-rising-rapidly-in-india?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationInternational arbitration uptake rising rapidly in IndiaThe strong growth of international arbitration in India has fuelled the institutionalisation of arbitration in major cities throughout the country and driven up the number of cross-border cases involving Indian parties, while several landmark Supreme Court judgments will boost the arbitration ecosystem in India further. Fri, 01 Mar 2024 17:15:29 Z{A37FB2D8-9BB7-4724-8826-20C223C27108}https://www.pinsentmasons.com/out-law/analysis/why-life-sciences-businesses-looking-arbitration-resolve-disputes?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationWhy life sciences businesses are looking to arbitration to resolve disputesRecent data suggests that the proportion of disputes in the life sciences sector being resolved in arbitration, rather than through the courts, is rising.Thu, 29 Feb 2024 17:53:39 Z{97CA17AE-7D02-41EF-AEA5-848217CEB229}https://www.pinsentmasons.com/out-law/analysis/developments-jurisdictions-third-party-funding-integral-international-arbitration?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationDevelopments in key jurisdictions show third-party funding integral in international arbitrationThe use of third-party funding (TPF) to pursue arbitral claims has become more widespread in the last five years, but parties and funders must pay close attention to the varying rules and challenges regarding TPF in different countries to avoid their funding arrangements being ruled unenforceable by national courts.Thu, 29 Feb 2024 13:04:03 Z{68AFE63E-4812-4B2C-96DF-5646E9FB38E3}https://www.pinsentmasons.com/out-law/analysis/geopolitical-factors-drive-up-arbitration-energy-mining-sectors?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationGeopolitical factors to drive up arbitration in energy and mining sectorsGeopolitical factors are expected to trigger an increase in the number of disputes in the infrastructure and energy sectors, as well as the global mining and commodities markets.Thu, 29 Feb 2024 12:07:41 Z{3AD866FB-CF4B-4888-93C2-BC220F0A7CAB}https://www.pinsentmasons.com/out-law/analysis/growth-class-action-style-claims-fuel-interest-mass-arbitration?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationGrowth of class action-style claims may fuel interest in ‘mass arbitration’Globally, there is a rise in class action-style claims being raised against businesses.Thu, 29 Feb 2024 11:53:19 Z{AB058B87-CE7B-4E27-A40E-5531BD2FBBF1}https://www.pinsentmasons.com/out-law/news/preliminary-injunction-overturned-in-upc-appeal?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationPreliminary injunction overturned in UPC appealThe Unified Patent Court (UPC) Court of Appeal in Luxembourg has overturned an earlier decision that had awarded a preliminary injunction to patent holder 10x Genomics in its dispute with rival US biotech company NanoString Technologies.Wed, 28 Feb 2024 11:38:46 Z{89C12007-3832-4EDD-9133-904CF12500E1}https://www.pinsentmasons.com/out-law/news/arbitration-reform-to-propel-uk-world-leading-role-in-international-arbitration?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationArbitration reform to propel UK’s world leading role in international arbitrationThe Arbitration Bill is expected to bring key reforms to ensure the UK’s legislative framework in support of arbitration is of an up-to-date “gold standard”.Tue, 27 Feb 2024 19:59:08 Z{57AE1C40-B767-4B4D-AFB1-1EE398DEBC7E}https://www.pinsentmasons.com/out-law/analysis/energy-related-investor-state-disputes-dominate-arbitration-market?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationEnergy-related investor-state disputes continue to dominate arbitration market in SpainSpain has initiated the process of withdrawing from the Energy Charter Treaty (ECT), which offers protections to investors in energy projects, but it will continue to face a raft of claims as a result of the regulatory changes in the late 2000s that reduced the country’s support for its renewable energy sector.Tue, 27 Feb 2024 19:51:20 Z{EB381155-507C-449A-A8A1-1A38971B94C2}https://www.pinsentmasons.com/out-law/analysis/referral-of-post-ma-disputes-to-arbitration-set-to-continue?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationReferral of post-M&A disputes to arbitration set to continuePost-M&A disputes are increasingly being referred to arbitration, which, depending on the technicalities of the transaction and the remedies sought, could be the most appropriate forum for such disputes.Tue, 27 Feb 2024 15:02:23 Z{9733A956-FD9D-4905-8074-BE0765E81C51}https://www.pinsentmasons.com/out-law/news/cryptocurrency-related-arbitration-on-the-rise-in-2024?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationCryptocurrency related arbitration on the rise in 2024Arbitration involving crypto assets is expected to continue to rise, but it is still a growing area and there are several challenges to overcome for parties involved and arbitration tribunals alike, an expert has said. Tue, 27 Feb 2024 14:31:34 Z{2F1BFE0F-2E9E-4FAC-A539-2DFDFBECABFD}https://www.pinsentmasons.com/out-law/analysis/uk-courts-tribunals-grapple-paccar-impact-litigation-funding?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationUK courts and tribunals grapple with PACCAR impact on litigation fundingThe UK Competition Appeal Tribunal (CAT), funders, and parties involved in litigation proceedings continue to explore the boundaries of last year’s landmark Supreme Court decision on the enforceability of litigation funding arrangements. Fri, 23 Feb 2024 10:01:40 Z{547A7D4E-F3D4-4AA6-8E97-A85D35AD1514}https://www.pinsentmasons.com/out-law/analysis/practice-improvements-rise-resource-nationalism-arbitration?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationPractice improvements and rise in ‘resource nationalism’ driving up Africa arbitrationThe continued growth of international trade and investment across African countries, together with efforts in many of those jurisdictions to strengthen arbitration law and practice, are expected to lead to opportunities for the development of international and domestic arbitration on the continent.Fri, 23 Feb 2024 09:20:20 Z{74F49FBA-35BD-4436-806F-B91D8A666958}https://www.pinsentmasons.com/out-law/analysis/singapore-international-arbitration-centre-innovation-latest-developments?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationSingapore International Arbitration Centre puts innovation at heart in latest developmentsThe Singapore International Arbitration Centre (SIAC) has made several recent changes, many of which will be of interest to Indian parties, which is one of its core market areas.Fri, 23 Feb 2024 09:07:35 Z{4AB7A7DE-5870-4D66-9FD7-20566F7AAEB3}https://www.pinsentmasons.com/out-law/analysis/innovation-new-rules-case-law-drive-sophistication-arbitration?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationInnovation, new rules and case law drive up sophistication of arbitration in Greater ChinaNew rules for leading mainland China arbitration institutions, growing case law confirming the pro- arbitration approach of the courts in the Hong Kong Special Administrative Region (SAR), and increasing cross-border collaboration between Hong Kong and the mainland are among some of the key developments in the Greater China region.Fri, 23 Feb 2024 08:50:14 Z{8FAB394E-DB37-4B3E-B463-D7D904E072CE}https://www.pinsentmasons.com/out-law/news/qatari-court-affirms-enforceability-of-mediation-clause?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationQatari court affirms enforceability of mediation clauseA recent Qatari court decision has affirmed the enforceability of a mediation clause under the Qatar Mediation Law, emphasising the importance of mediation in dispute resolution, an expert has said. Thu, 22 Feb 2024 09:58:38 Z{CBDB46A5-1101-4ADC-BE8D-EF7D97604113}https://www.pinsentmasons.com/out-law/news/icsid-statistics-reveal-significant-arbitration-caseload-increase?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationICSID statistics reveal significant arbitration caseload increaseThe International Centre for Settlement of Investment Disputes (ICSID) has released its caseload statistics for 2023, highlighting a significant increase in newly registered arbitration proceedings. Wed, 21 Feb 2024 10:44:05 Z{D884D2ED-0F8D-4267-9B39-FE338BC6D75E}https://www.pinsentmasons.com/out-law/news/irish-court-scrutinises-claim-third-party-litigation-funding?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationIrish court scrutinises claims of third-party litigation funding in tax disputeTwo landlords in Ireland have failed in their attempt to argue that engagement terms between a law firm and its client in respect of court awarded costs meant that the lawyers involved were engaged in unlawful third-party litigation funding. Wed, 14 Feb 2024 15:36:48 Z{90B98042-975E-4143-9B0D-EF325A6F6C2C}https://www.pinsentmasons.com/out-law/news/court-affirms-threshold-injunctions-restrain-letter-of-credit?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationIrish High Court affirms high threshold for injunctions to restrain letter of credit paymentThe Irish High Court has refused an application for injunctive relief in what is a noteworthy legal development in the realm of international trade and finance.Tue, 13 Feb 2024 14:44:04 Z{DDC9A914-676E-4303-8AC7-69B858C1019C}https://www.pinsentmasons.com/out-law/news/ai-generated-content-in-difc-court-proceedings-issued?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationGuide to using AI-generated content in DIFC court proceedings issuedParties involved in litigation before the Dubai International Financial Centre (DIFC) courts must obtain agreement to the use of “AI-generated content” in those cases from other parties – or obtain a court determination approving such use, according to new guidelines issued by the DIFC courts.Tue, 13 Feb 2024 10:00:07 Z{E70F88B3-DD82-4CEB-838F-4BAED2E1372E}https://www.pinsentmasons.com/out-law/news/abu-dhabi-global-market-online-dispute-resolution-platform?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationAbu Dhabi Global Market announces ‘innovative’ online dispute resolution platformThe Abu Dhabi Global Market (ADGM) Arbitration Centre will launch an online dispute resolution platform during the first quarter of 2024, it has announced.Mon, 12 Feb 2024 11:00:49 Z{65F21761-2092-4F02-B989-229C159D0BF5}https://www.pinsentmasons.com/out-law/news/revolut-ruling-puts-bank-account-closures-back-in-focus?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationRevolut ruling puts bank account closures back in focusA UK judge who dismissed claims raised by a businessman against payment service provider Revolut over the company’s closure of his bank account would not have reached a different decision in the case even if planned rule changes in respect of ‘de-banking’ had been in force, an expert in banking and financial services disputes has said.Wed, 07 Feb 2024 12:07:35 Z{98F945FF-1DD8-475D-982A-03FC6E8ADFA0}https://www.pinsentmasons.com/out-law/news/german-supreme-court-affirms-extra-eu-bit-arbitrations?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationGerman Supreme Court affirms compatibility of extra-EU BIT arbitrations with EU lawGermany’s Federal Court of Justice (BGH) has emphasised the compatibility of investment arbitrations involving EU and non-EU states with EU law.Wed, 07 Feb 2024 10:14:45 Z{74132396-C230-4E1E-ABB2-EE9891694A4D}https://www.pinsentmasons.com/out-law/news/group-of-companies-doctrine-upheld-in-indian-arbitration-law?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+Litigation‘Group of companies’ doctrine upheld in Indian arbitration lawFive judges of the Indian Supreme Court have validated the ‘group of companies’ doctrine in the context of Indian arbitration law.Wed, 07 Feb 2024 09:50:49 Z{8070369F-EDA6-4677-B9F9-3D8BABC8C5DA}https://www.pinsentmasons.com/out-law/news/abu-dhabi-arbitration-centre-opens-modern-arbitration-rules?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationAbu Dhabi arbitration centre opens with modern arbitration rulesThe opening of the new Abu Dhabi International Arbitration Centre, known as ‘arbitrateAD’, and the publication of its modern arbitration rules, give businesses in the Middle East greater choice over how to resolve disputes, experts in international arbitration have said.Wed, 07 Feb 2024 09:48:56 Z{CA67191B-C866-4D36-97C6-40C6A6713178}https://www.pinsentmasons.com/out-law/analysis/growing-ai-litigation-risk-requires-business-response?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationGrowing AI litigation risk requires business responseThe risk businesses face from litigation is changing as artificial intelligence (AI) tools become more popular. Businesses need to recognise this and consider the different kinds of risks associated with AI technology and how they might give rise to liability.Mon, 05 Feb 2024 14:57:13 Z{279CAAFF-37EF-4A23-842B-80AF061D1792}https://www.pinsentmasons.com/out-law/news/hong-kong-sar-court-upholds-non-interference-in-arbitration?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationHong Kong SAR court upholds principle of non-interference in arbitrationA recent decision by a court in the Hong Kong Special Administrative Region (SAR) seeks to uphold the fundamental principle of non-interference in the arbitration process, an expert has said.Mon, 05 Feb 2024 11:14:21 Z{76ED4ED8-44CB-427E-8F3D-D11360669447}https://www.pinsentmasons.com/out-law/news/omani-supreme-court-allows-review-of-london-arbitral-award?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationOmani Supreme Court allows review of London arbitral awardThe Omani Supreme Court’s recent decision to allow a lower court to review the validity of a London-seated International Chamber of Commerce (ICC) arbitral award raises questions about the enforceability of international arbitral awards where disputes involve an Omani party.Wed, 31 Jan 2024 17:24:29 Z{42C63C0A-37F9-48EB-BDBB-8677F7075E38}https://www.pinsentmasons.com/out-law/news/new-cairo-international-arbitration-centre-rules?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationNew Cairo international arbitration centre rules ‘embrace modern practices’ New Cairo Regional Centre for International Commercial Arbitration (CRCICA) rules embrace modern practices and place further emphasis on procedural efficiency, an expert has said. Tue, 30 Jan 2024 17:22:37 Z{6EBB2BD2-12CB-4DCF-8CC5-2294C4C69201}https://www.pinsentmasons.com/out-law/news/cma-outlines-digital-market-plans?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationCMA outlines digital market plansThe UK’s Competition and Markets Authority (CMA) has published details of how it intends to use its new powers to regulate competition in digital markets.Mon, 29 Jan 2024 12:00:11 Z{F62ABE55-9F1F-41C6-AA9A-446A1D2CC53C}https://www.pinsentmasons.com/out-law/news/eu-foreign-direct-investment-screening-outlined?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationPlans to strengthen EU foreign direct investment screening outlinedInvestments made by EU businesses owned by non-EU investors would potentially be subject to screening under proposed new EU rules designed to protect risks to EU security and public order.Fri, 26 Jan 2024 11:57:52 Z{D7C7344C-5A78-4E46-B485-09FBD9F639E7}https://www.pinsentmasons.com/out-law/news/june-date-proposed-for-ireland-upc-referendum?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationJune date proposed for Ireland’s UPC referendumA referendum on whether Ireland should participate in the Unified Patent Court (UPC) will take place in June this year, alongside European and local elections already scheduled, under proposals announced by the Irish government.Wed, 24 Jan 2024 15:50:40 Z{B689A01C-350E-48A8-BC6E-2B57CEE8EB74}https://www.pinsentmasons.com/out-law/news/new-ordinance-judgment-enforcement-between-hong-kong-sar-china?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationNew ordinance will support judgment enforcement between Hong Kong SAR and ChinaNew rules on the reciprocal enforcement of judgments made by courts in the Hong Kong Special Administrative Region (SAR) and mainland China are a “positive step” for businesses, an expert has said. Thu, 18 Jan 2024 12:29:45 Z{0A9D4E4F-01B2-48CD-94EB-BDCAF2973552}https://www.pinsentmasons.com/out-law/news/esma-consults-on-eu-securitisation-disclosure-templates?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationESMA consults on EU securitisation disclosure templatesThe European Securities and Markets Authority (ESMA) has opened a long-awaited consultation on potential revisions to the European Commission’s securitisation disclosure templates . Mon, 15 Jan 2024 10:12:07 Z{E697C5C3-FF21-4358-BB69-5987ACC77097}https://www.pinsentmasons.com/out-law/analysis/cietac-arbitration-rules-improve-effectiveness-efficiency?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationNew CIETAC arbitration rules aim to improve ‘effectiveness and efficiency’A new version of the China International Economic and Trade Arbitration Commission (CIETAC) arbitration rules came into force on 1 January 2024.Mon, 15 Jan 2024 10:01:39 Z{994E4DE6-2E1C-4E24-98BB-15489A6FECE5}https://www.pinsentmasons.com/out-law/news/strict-liability-for-wrongful-preliminary-patent-injunctions?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationCJEU: strict liability for wrongful preliminary patent injunctions compatible with the EU IP enforcement directiveIntellectual property (IP) rights holders that ask courts to impose preliminary injunctions against alleged infringers can be automatically required to pay damages to the alleged infringers if the courts subsequently determine that there has not been infringement or that the underlying IP rights are invalid, according to a new ruling by the EU’s highest court.Fri, 12 Jan 2024 07:29:37 Z{7F0EFE11-4C51-4009-BA48-EBBBAFF4515F}https://www.pinsentmasons.com/out-law/news/uk-pension-firms-dispute-resolution-guidance?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationUK pension firms issued dispute resolution guidance following Court of Appeal decision Pensions trustees and advisers in the UK have been issued with guidance on overpayment recovery procedures following “disappointment” and “frustration” over an English Court of Appeal judgment. Wed, 10 Jan 2024 10:59:25 Z{933F1D5A-AB21-4DF6-A3C3-A81500B73EEA}https://www.pinsentmasons.com/out-law/news/abu-dhabi-international-arbitration-centre-launched?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationAbu Dhabi International Arbitration Centre launched in ‘timely’ reform The Abu Dhabi Chamber of Commerce and Industry has rebranded its arbitration body in a “timely” and “long anticipated” move, experts have said. Fri, 05 Jan 2024 09:40:02 Z{52752A11-F883-421D-89E9-BCBA2EE3BF90}https://www.pinsentmasons.com/out-law/news/uk-payment-firms-to-compensate-app-fraud-victims?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationUK payment firms to compensate APP fraud victims up to £415,000UK payment firms face new compensation requirements of up to £415,000 to victims of authorised push payment (APP) fraud from later this year, the Payment Systems Regulator (PSR) has announced.Thu, 04 Jan 2024 09:14:56 Z{807E2B29-FA99-4364-8B86-F95F9A6900A3}https://www.pinsentmasons.com/out-law/news/cma-informal-antitrust-guidance-sustainability-initiative?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationCMA gives informal antitrust guidance in sustainability initiativeThe UK’s Competition and Markets Authority (CMA) has for the first time publicly greenlit an environmental sustainability initiative under its new competition law guidance. Thu, 21 Dec 2023 16:15:48 Z{93DB0655-5771-4E9F-9498-775E5B28CECC}https://www.pinsentmasons.com/out-law/news/ai-cannot-inventor-under-uk-patent-law-rules-supreme-court?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationAI cannot be an inventor under UK patent law, rules Supreme CourtArtificial intelligence (AI) systems cannot be the owner of, nor be transferred, patent rights in the UK, the Supreme Court has ruled.Wed, 20 Dec 2023 12:22:24 Z{F7E47C9F-D927-481C-A845-47895B8DAFFD}https://www.pinsentmasons.com/out-law/news/first-upc-court-of-appeal-case-bleeds-into-2024?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationFirst UPC Court of Appeal case bleeds into 2024The first oral hearing before the Unified Patent Court (UPC) Court of Appeal in Luxembourg ended on Monday without a judgment being issued, but the proceedings did offer businesses an insight into how other cases that come before the court might run, an expert in patent litigation who attended the hearing has said.Wed, 20 Dec 2023 11:01:29 Z{114F469F-D9B1-4434-A1D9-0048168687D6}https://www.pinsentmasons.com/out-law/news/indian-sc-no-stamp-duty-for-arbitration-agreements?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationIndian supreme court decision confirms it is not essential for arbitration agreements to be stampedA recent Indian court ruling has “confirmed the pro-arbitration position of the Indian supreme court” in arbitration cases, an expert has said. Tue, 19 Dec 2023 11:39:11 Z{54ADA6A3-C540-45C5-A047-9FD1CF108EB7}https://www.pinsentmasons.com/out-law/analysis/construction-companies-risks-electronic-communications?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationConstruction companies need to mitigate growing risks of disclosure of electronic communicationsSeveral recent high-profile cases in the public domain have highlighted the growing risks relating to disclosure of electronic communications, such as messages via WhatsApp and Teams, and companies in the construction sector, like many other sectors, increasingly need to consider how to manage and mitigate these risks. Mon, 18 Dec 2023 12:47:33 Z{9458259B-555C-4FD4-A88F-15F6D6E9A2EE}https://www.pinsentmasons.com/out-law/news/report-calls-changes-arbitration-appointments-avoid-bias?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationReport calls for changes to arbitration appointments to avoid biasHuman bias could result in the “ideal candidate” being overlooked when appointing an arbitrator, a recent report has identified.Mon, 18 Dec 2023 11:57:59 Z{E6C53DE9-1A68-49E7-A36D-329F1BD3F73F}https://www.pinsentmasons.com/out-law/news/digital-markets-competition-consumers-bill-mass-actions?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationDigital Markets, Competition and Consumers Bill amendments could lead to more mass actionsAmendments recently proposed to the Digital Markets, Competition and Consumers Bill (DMCC Bill) would, if passed, have significant implications for class and collective actions in the UK, making bringing these mass actions easier, litigation and competition law experts have said.Sun, 17 Dec 2023 18:36:59 Z{1745F5D4-33F6-48FB-903F-BCA42ED4CB39}https://www.pinsentmasons.com/out-law/news/property-preservation-orders-granted?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationProperty preservation orders can be granted over money but deploy with care, court confirmsA recent ruling has reinforced the English court’s approach to the use of a Civil Procedure Rule (CPR) that allows judges to order the protection of property.Thu, 14 Dec 2023 14:30:57 Z{45198867-9519-4DA7-A1D5-99A4AC3E62F5}https://www.pinsentmasons.com/out-law/news/english-defines-representative-action-litigation-practice?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationEnglish securities litigation considers appropriateness of representative actionA recent decision of the English Commercial Court demonstrates the limitations of the ‘representative action’ procedure as a way of bringing mass claims. Thu, 14 Dec 2023 07:59:27 Z{94D65DDD-25ED-44F4-BB42-AF0D8E80876A}https://www.pinsentmasons.com/out-law/analysis/upper-tribunal-narrow-approach-windfarm-capital-allowances?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationRuling indicates Upper Tribunal’s “narrow approach” towards windfarm capital allowancesA ruling by the UK’s Upper Tribunal (UT) disallowing certain types of expenditure relating to windfarm projects from qualifying for plant and machinery tax allowances has indicated the tribunal’s “strict and narrow” interpretation of the provisions for qualifying expenditure. Wed, 13 Dec 2023 15:02:07 Z{7545335D-7064-469E-A5D6-667400684071}https://www.pinsentmasons.com/out-law/news/australia-fwc-first-flexible-working-arrangement-dispute?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationAustralia’s FWC rules in first ever flexible working arrangement disputeA ruling by Australia’s Fair Work Commission (FWC) that it had no jurisdiction to arbitrate a flexible work arrangement dispute filed by an employee due to an invalid request shows it will take a “strict and technical approach” to flexible working disputes, according to legal experts.Wed, 13 Dec 2023 11:06:09 Z{D18C0E62-16BB-48BD-89C0-22D4A9F617E0}https://www.pinsentmasons.com/out-law/analysis/national-controls-for-pfas-forever-chemicals?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationAustralia to introduce national controls for PFAS ‘forever chemicals’Australia plans to introduce national controls on the use, manufacture, import and export of so-called ‘forever chemicals’ - per- and polyfluoroalkyl substances (PFAS) – from 1 July 2025.Wed, 13 Dec 2023 10:13:58 Z{EB955CE1-DCDC-430F-9249-1783DE6A958A}https://www.pinsentmasons.com/out-law/news/illegally-obtained-confidential-evidence-used-in-court?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationScottish decision allows illegally obtained confidential evidence to be used in courtScotland’s Court of Session has decided that those with “clean hands” may rely in court on confidential evidence obtained illegally despite attempts to have it excluded.Tue, 12 Dec 2023 10:21:07 Z{75AD9917-F882-4B6B-8AC9-9BA67275E120}https://www.pinsentmasons.com/out-law/news/fca-consults-long-awaited-overseas-funds-regime?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationFCA consults on ‘long awaited’ overseas funds regimeA recent Financial Conduct Authority (FCA) consultation paper (CP) provides clarity on upcoming changes to the regulation of overseas investments in the UK. Wed, 06 Dec 2023 16:24:31 Z{DE5CB8BA-FDBB-4603-9F30-4E571A1509FD}https://www.pinsentmasons.com/out-law/news/uk-supreme-court-fair-treatment-expert-evidence-trial?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationUK Supreme Court ruling clarifies fair treatment of expert evidence at trialA decision by the UK Supreme Court has made it clear that the principle of fairness in relation to expert evidence means a party should not entirely reserve its criticisms of an expert’s evidence for closing submissions. Wed, 06 Dec 2023 09:58:54 Z{CB4E7BF9-E39A-4D0C-8D5E-D60B9D453342}https://www.pinsentmasons.com/out-law/guides/vat-settlement-disputes-termination-contracts?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationVAT treatment of UK termination and compensation paymentsBroadly, subject to a few limited exceptions, since April 2022, where VAT is payable on a supply, other payments that are required to be made to that supplier under the same contract, such as early termination fees, are subject to VAT.Fri, 01 Dec 2023 16:39:03 Z{C1C8EF99-CCFD-440A-9651-29A1F85487CA}https://www.pinsentmasons.com/out-law/news/artificial-neural-networks-clear-patent-hurdle-uk-court?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationTrained ‘artificial neural networks’ can clear patent hurdle, says UK courtA High Court judge has said that it may be possible to patent ‘artificial neural networks’ (ANNs) – an aspect of artificial intelligence (AI) – where those ANNs have been “trained”.Fri, 01 Dec 2023 15:04:32 Z{3ADAFABA-80E3-458D-B080-2E8112CE4FFA}https://www.pinsentmasons.com/out-law/news/-high-court-ruling-means-that-challenges-to-arbitral-awards-in-court-remain-difficult-if-parties-have-agreed-to-arbitrate-says-expert?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+Litigation High Court ruling means that challenges to arbitral awards in court remain difficult if parties have agreed to arbitrate, says expertA recent decision by the Technology and Construction division of the High Court has underlined how unlikely it is that a court will interfere with an award made by an arbitration tribunal.Thu, 30 Nov 2023 10:14:53 Z{114BA8F9-7757-470A-AF84-F5DA7A2162B1}https://www.pinsentmasons.com/out-law/analysis/unitary-patents-and-the-unified-patent-court--the-choices-facing-businesses?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationUnitary patents and the Unified Patent Court – the choices facing businessesFOCUS: The forthcoming overhaul of the patent system in Europe will be the biggest in the region's history, with new unitary patents likely to become available, and a Unified Patent Court (UPC) operational, next year.Thu, 30 Nov 2023 10:08:20 Z{04F2AB9C-2301-4DF1-A516-4FB12C97EC8E}https://www.pinsentmasons.com/out-law/news/right-to-damages-for-unreasonably-late-insurance-claims-settlement-now-in-force?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationRight to damages for 'unreasonably' late insurance claims settlement now in forceBusiness and consumer insurance policyholders may now pursue their insurers in the courts if they do not settle claims within a reasonable amount of time.Wed, 29 Nov 2023 15:35:21 Z{63764E13-EA1A-450A-8BE0-1C747B783604}https://www.pinsentmasons.com/out-law/news/pensions-litigation-included-in-civil-court-procedure-guide-for-first-time?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationPensions litigation included in civil court procedure guide for first timeOfficial guidance covering the use of the High Court's Chancery division has been updated to include specific provision for pensions litigation for the first time. Pensions litigation claims can involve hundreds of millions of pounds and affect thousands of individuals.Wed, 29 Nov 2023 15:24:18 Z{C47EB077-F65D-4D2D-8C70-11321DF4A8A8}https://www.pinsentmasons.com/out-law/analysis/universities-must-prioritise-support-for-student-mental-health?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationUniversities must prioritise support for student mental healthANALYSIS: There is growing pressure on universities to improve how they support students with mental health problems.Wed, 29 Nov 2023 14:35:48 Z{167F5E7A-6D07-4802-8A4A-BB470690DB77}https://www.pinsentmasons.com/out-law/news/icc-international-court-of-arbitration-policy-changes-will-benefit-practitioners-says-experts?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationICC International Court of Arbitration policy changes will benefit practitioners, say expertsTwo recent decisions by the International Chamber of Commerce (ICC) International Court of Arbitration will improve the efficiency of arbitration proceedings for all users, said arbitration expert Nicola King of Pinsent Masons, the law firm behind Out-Law.com. Wed, 29 Nov 2023 14:19:35 Z{8FEB0C5C-F8F7-4E3D-B3C8-7AE5F8432409}https://www.pinsentmasons.com/out-law/analysis/family-financial-orders-reforms-fall-short?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationReforms to improve enforcement of family financial orders fall shortANALYSIS: Plans to make it easier for divorcees to enforce financial orders of the courts in England and Wales do not go far enough to address the challenges those divorcees face in obtaining access to offshore assets of high net worth individuals.Wed, 29 Nov 2023 14:14:39 Z{14ACD304-2A2E-4CF4-8A35-82EBED34F2EB}https://www.pinsentmasons.com/out-law/analysis/bundesjustizministerium-reagiert-auf-grundsatzurteil-des-bgh-zu-gebuehrenerhoehungen-durch-banken?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationFederal Ministry of Justice reacts to the BGH's ruling on fee increases by banksThe Federal Ministry of Justice has published a proposal to amend the German Civil Code (BGB) to allow banks to increase prices through general terms and conditions (GTCs) without requiring the explicit consent of customers.Tue, 28 Nov 2023 12:48:41 Z{CA3FB4CA-3207-43DE-8FB7-16108E63F60A}https://www.pinsentmasons.com/out-law/news/forfeiture-order-recoup-from-moldovan-student?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationNew forfeiture order powers used to recoup £500,000 from Moldovan studentThe National Crime Agency (NCA) has secured a forfeiture order amounting to nearly £500,000 on frozen bank accounts belonging to the son of Moldova's former prime minister, in one of the first uses of new powers.Mon, 27 Nov 2023 11:15:46 Z{66C18B75-DA25-4BEE-B8F4-0F9B23FEF1C4}https://www.pinsentmasons.com/out-law/news/uk-hague-convention-2019--cross-border-enforcement?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationUK to sign Hague Convention 2019 on cross-border enforcement of judgmentsBusinesses should be able to enforce UK court rulings more easily in other countries in future – and enforce judgments made by foreign courts in the UK too – once the UK accedes to the 2019 Hague Convention, experts in dispute resolution have said.Fri, 24 Nov 2023 12:39:29 Z{B70430F9-57FA-4E3F-A234-2B2471925AAC}https://www.pinsentmasons.com/out-law/guides/bailiffs-and-their-powers?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationBailiffs and their powers in England and WalesHaving a bailiff take control of goods and sell them is a common method of enforcement of a money judgment in England and Wales.Wed, 22 Nov 2023 11:35:32 Z{84852613-8873-42F1-9715-B31110C65C9F}https://www.pinsentmasons.com/out-law/analysis/china-tritt-endlich-dem-apostille-ubereinkommen-bei?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationBusiness with China to become easier following accession to Apostille ConventionThe Chinese government has officially signed up to an international agreement on the recognition of foreign legal documents, in a move that will make business in and with China significantly easier for foreign companies.Thu, 09 Nov 2023 16:55:23 Z{7F070F17-B3C3-4B2B-8895-48E90F8A4FAF}https://www.pinsentmasons.com/out-law/news/arbitration-bill-underscore-london-position-arbitration-hub?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationArbitration Bill tipped to underscore London’s position as leading arbitration hubLondon’s reputation as a leading hub for international arbitration will be reiterated if “modest but necessary” changes to arbitration law are implemented as expected via a new Arbitration Bill, an expert has said.Thu, 09 Nov 2023 11:29:54 Z{897DF3CD-6EB3-47E9-A9E2-A366D4C3F8AE}https://www.pinsentmasons.com/out-law/news/amazon-online-marketplace-trade-mark-case-uk-supreme-court?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationAmazon online marketplace trade mark case comes before UK Supreme CourtThe extent to which holders of UK and EU trade mark rights can object to others using their marks to promote products listed for sale on online global marketplaces is to be considered by the UK Supreme Court in an upcoming case involving e-commerce giant Amazon.Wed, 08 Nov 2023 14:20:33 Z{8D7251E9-DB68-40F8-BBAD-7D3224CACAA7}https://www.pinsentmasons.com/out-law/news/third-party-litigation-funding-consultation-to-end-in-ireland?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationThird-party litigation funding consultation to end in IrelandUPDATED: Businesses with an interest in seeing third party funding of litigation in Ireland should make their views known to the Irish Law Reform Commission (LRC) in the coming days, an expert has said.Tue, 07 Nov 2023 17:04:17 Z{456920E2-F151-48AA-846F-EDCDD5B01FD4}https://www.pinsentmasons.com/out-law/news/kings-speech-outlines-uks-pre-election-legislative-agenda?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationKing’s speech outlines UK’s pre-election legislative agendaDraft legislation to be introduced to the UK parliament in the coming months will promote the annual issuing of new North Sea oil and gas licences and the safe deployment of self-driving vehicles.Tue, 07 Nov 2023 16:17:35 Z{20E254E8-1DC8-4B33-8AFA-F558BE0BBF6D}https://www.pinsentmasons.com/out-law/news/uk-judge-overturns-11-billion-award-against-nigeria-corruption?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationUK judge overturns $11 billion award against Nigeria due to corruptionA UK judge has overturned an $11 billion arbitration award against Nigeria, ruling that it was obtained through false evidence, corrupt payments, and the improper retention of leaked documents. Fri, 03 Nov 2023 12:23:26 Z{8DC2372C-14A2-4EA7-AFDA-710E66F75F40}https://www.pinsentmasons.com/out-law/news/administrators-not-company-officers-uk-supreme-court-rules?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationAdministrators are not company officers, UK Supreme Court rulesIn a new decision, the UK Supreme Court has ruled that administrators appointed under the 1986 Insolvency Act should not be considered as “officers” of the company within the meaning of the 1992 Trade Union and Labour Relations (Consolidation) Act (TULRCA). Thu, 02 Nov 2023 10:40:36 Z{9B7C10F1-DAD4-4BF0-BC54-4732BB8AAE5A}https://www.pinsentmasons.com/out-law/analysis/cma-guidance-businesses-collaborate-environmental-sustainability?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationCMA guidance to help businesses collaborate on environmental sustainabilityThe UK Competition and Markets Authority (CMA) has published its long-awaited competition law guidance on environmental sustainability agreements between businesses that are actual or potential competitors.Wed, 01 Nov 2023 11:55:17 Z{7BDACAD7-6426-4CA4-993B-CFC81AE12C16}https://www.pinsentmasons.com/out-law/news/english-court-rules-against-single-claim-form-for-thousands-of-claims?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationEnglish court rules against single claim form for thousands of claimsIn a recent legal decision, an English court has ruled that using a single claim form for thousands of claims against the same defendant is not permissible.Wed, 01 Nov 2023 11:45:16 Z{A542F1A7-9B1E-45FF-AAE2-CAFD5C393503}https://www.pinsentmasons.com/out-law/news/helsinki-upc-ruling-warning-businesses-european-patent-opt-outs?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationHelsinki UPC ruling a warning to businesses on European patent opt-outsEuropean patent owners that have decided to opt their patent out from the jurisdiction of the Unified Patent Court (UPC) cannot withdraw that opt-out where parties have filed national lawsuits in respect of those patents even if that lawsuit was initiated before the UPC became operational, according to a new ruling.Mon, 30 Oct 2023 10:07:31 Z{B027F166-954C-4915-944B-AB9FD8A33898}https://www.pinsentmasons.com/out-law/news/fca-against-expanding-access-to-fos-regime-uk-smes?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationFCA decides against expanding access to FOS regime to 'larger' UK SMEsThe Financial Conduct Authority’s (FCA) decision to not extend access to the Financial Ombudsman Service (FOS) to ‘larger’ small and medium-sized enterprises (SMEs) in the UK has struck a “sensible” balance, according to legal experts.Fri, 27 Oct 2023 11:30:59 Z{7845AA1B-203F-48E4-987C-22CA6E5232DC}https://www.pinsentmasons.com/out-law/analysis/ireland-and-the-unified-patent-court?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationIreland and the Unified Patent CourtAs the European home of many of the largest global pharmaceutical and technology companies, boasting a thriving startup ecosystem with a strong focus on technology, fintech and life sciences, it is no surprise that there has been a significant increase in patent litigation in Ireland over the last decade.Thu, 26 Oct 2023 15:47:50 Z{94F8016F-F34F-4972-9FD2-FFE2680DBC66}https://www.pinsentmasons.com/out-law/analysis/epo-assess-priority-entitlement-of-patent-applicants?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationEPO competent to assess priority entitlement of patent applicantsThe Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) has confirmed that the EPO is competent to assess the ‘priority entitlement’ of patent applicants who claim priority in accordance with the formal requirements under the European Patent Convention (EPC). Thu, 26 Oct 2023 09:35:50 Z{78D75238-29E6-4E90-B2AD-EF0812B906B2}https://www.pinsentmasons.com/out-law/news/upc-court-appeal-guidance-patent-litigants?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationUPC Court of Appeal’s first ruling provides guidance for patent litigantsA new ruling by the Court of Appeal of the Unified Patent Court (UPC) – the first it has issued since the UPC became operational – provides guidance to businesses on the procedure for and timing of filing and responding to claims, a patent litigation expert has said.Wed, 25 Oct 2023 14:50:32 Z{BEB94DFF-7353-4351-A6E3-61724962EA2C}https://www.pinsentmasons.com/out-law/guides/an-introduction-to-collective-redress-schemes?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationSetting up a collective redress scheme in the UKCollective redress schemes, often referred to as 'compensation schemes', offer businesses and organisations an alternative means of settling claims or potential claims from a particular class of individuals or customers quickly and economically.Tue, 24 Oct 2023 11:33:24 Z{D0022DCE-6D2E-4B0E-9AE6-808E6FE0F18C}https://www.pinsentmasons.com/out-law/analysis/credit-suisse-at1-bonds-options-for-bondholders?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationCrédit Suisse AT1 bonds: options for bondholdersInvestors in Crédit Suisse AT1 bonds who suffered financially during its merger with UBS earlier this year have options to help them recover their losses.Mon, 23 Oct 2023 08:44:28 Z{38AA6FB5-FBD1-4619-A751-4900F89D781F}https://www.pinsentmasons.com/out-law/analysis/admissibility-vs-jurisdiction?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationHong Kong court issues reminder that preconditions to arbitration are matters of admissibility not jurisdictionThe Court of Final Appeal of the Hong Kong Special Administrative Region (SAR) recently dismissed an appeal, emphasising the need to distinguish between admissibility and jurisdiction when determining whether to set aside an arbitral award.Wed, 11 Oct 2023 07:28:25 Z{90BA4217-15A2-4EB7-826C-8BA5454F8521}https://www.pinsentmasons.com/out-law/analysis/forever-chemicals-a-mounting-litigation-risk-for-businesses?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationPFAS: 'forever chemicals' a mounting litigation risk for businessesBusinesses across sectors and throughout supply chains should consider the risk they are exposed to from growing scrutiny of ‘forever chemicals’ amidst increasing commentary about the potential harmful effects and the ongoing drive to restrict their use.Tue, 10 Oct 2023 18:07:58 Z{65B1AEDD-C156-4A67-AE7F-CCF9D5F47C3B}https://www.pinsentmasons.com/out-law/news/amended-uae-arbitration-law-bolsters-confidence-in-onshore-arbitration?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationAmended UAE arbitration law bolsters confidence in onshore arbitrationRecent changes to the arbitration regime in the UAE are welcome and expected to boost confidence in onshore arbitration among domestic and international parties, according to experts in international arbitration who believe it will, in turn, cement the business ecosystem in the UAE and encourage further interest and investment.Fri, 06 Oct 2023 09:18:51 Z{7DDF4088-52B8-477F-854E-2F491680CBE5}https://www.pinsentmasons.com/out-law/news/upc-decision-suggests-burdens-will-attach-to-preliminary-patent-injunction-applications?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationUPC decision suggests burdens will attach to preliminary patent injunction applicationsBusinesses may need to prepare significant evidence to defend against claims that their patents are invalid to succeed with applications for preliminary injunctions against alleged patent infringers before the Unified Patent Court (UPC), an expert in patent litigation has said.Fri, 06 Oct 2023 09:06:55 Z{EFAD1595-4F7F-422A-BCAA-C153CCE70B75}https://www.pinsentmasons.com/out-law/news/dubai-seeks-to-introduce-common-law-framework-for-free-zones?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationDubai seeks to introduce common law framework for free zonesThe government of Dubai is considering implementing a common law framework across the Emirate’s free zone jurisdictions. This move would expand the scope of English common law in the region beyond the Dubai International Financial Centre (DIFC).Thu, 05 Oct 2023 11:22:09 Z{264CCD39-2065-43D3-9C28-78A3DEF94E1F}https://www.pinsentmasons.com/out-law/analysis/ukrainian-businesses-face-challenges-recovering-damages-from-russia?utm_source=PM+website&utm_medium=feed&utm_campaign=RSS+Outlaw+LitigationUkrainian businesses face challenges recovering damages from RussiaRussia’s illegal war in Ukraine has caused wide-scale damage and destruction, with businesses in the country often left to pick up the costs. Thu, 05 Oct 2023 09:35:01 Z