ADR/mediation

Recent Articles

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  20.03.2023

  International

  UK An­nounces it will be­come a party to the Singa­pore Con­ven­tion on Me­di­ation

  It has been announced that the UK will become a party to the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”), as an “important signal of [the UK’s] intentions to remain a world leader in this area and as a clear indication of the UK’s commitment to mediation”.The Singapore ConventionThe Singapore Convention was adopted by the UN in December 2018, opened for signatures in August 2019 and in force by September 2020. It currently has 55 signatories, 10 of whom have ratified. It creates a...

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  10.03.2023

  Europe

  Se­cur­ity for costs in en­force­ment pro­ceed­ings in Ger­many – The Ger­man Fed­er­al Su­preme Court adds an­oth­er piece to the puzzle

  Pursuant to Sec. 110 of the German Civil Procedure Code (ZPO), claimants who do not have their habitual place of residence in a member state of the EU/the EEA can be ordered to provide security for the costs upon request of the defendant if certain requirements are met. The provision aims at protecting the defendant from the difficulties related to the recognition and enforcement of a cost decision abroad.While Sec. 110 ZPO is designed for ordinary civil actions, it is recognised that the provision applies to other types of (state court) proceedings if the requirements of an analogous application...

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  21.02.2023

  Europe

  Sun­rise peri­od of the Uni­fied Pat­ent Court to be­gin 1 March

  After the final version of the UPC Rules of Procedure had been adopted and the judges of the UPC had been selected and appointed, the start of the Sunrise Period, originally planned for 1 January 2023, was postponed to 1 March 2023.Reasons for the postponement of the start of the Sunrise PeriodAccording to an "Implementation Roadmap" published on 6 October 2022, the Sunrise Period was originally to start on 1 January 2023 and the UPCA was to enter into force on 1 April 2023. However, this timeline was changed again by a communication of 5 December 2022. According to the new timeline, the Sunrise...

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  17.02.2023

  Scotland

  Scot­tish courts provide fur­ther guid­ance on the rel­ev­ant ac­know­ledge­ment of claims for time-bar pur­poses

  The Court of Session decision in Colquhoun & Ors v Clinical Research Solutions GmbH & Cromsource SRL has provided useful guidance on what may constitute a “relevant acknowledgement” of a claim so as to prevent that claim from being extinguished by time-bar.BackgroundIn May 2012, the parties entered into a Share Purchase Agreement (“SPA”) whereby the first defender, Clinical Research Solutions (“CRS”), would purchase all the pursuer’s shares in Pleiad Devices Ltd (“the Company”). The second defender is the parent company of CRS and acted...

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  23.12.2022

  International

  In­ter­na­tion­al Dis­putes Di­gest - 2022 Winter Edi­tion

  Welcome to the winter edition of the International Disputes Digest, our bi-annual publication that considers and analyses current trends in global dispute-resolution and their wider impact. With war raging in eastern Europe and no end to the conflict in sight, the world and the global economy continue to face complex challenges. In response to the invasion of Ukraine, Russian sanctions have impacted a world economy already suffering from supply-chain deficiencies and the aftermath of the COVID-19 pandemic. Economic stresses have also been magnified by the decision of western countries to reduce...

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  07.12.2022

  Singapore, UK

  NFTs as prop­erty – Singa­pore and the UK

  Janesh s/o Rajkumar v Unknown Person (“CHEFPIERRE”) [2022] SGHC 264 was a landmark case where the Singapore High Court granted a worldwide freezing injunction preventing the sale or transfer of a non-fungible token (“NFT”). The case sets a significant precedent for the recognition of NFTs as legal property in Singapore, following the approach taken in the UK. That said, this judgment was granted in the context of an urgent ex parte injunction, and the Court expressly stated that a different conclusion may well be reached with the benefit of full arguments on the issue. In...

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