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eAlerts Récentes

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  26/04/2024

  Allemagne

  Interpretation vs. decision-making: Bavarian Highest Regional Court rules on power of state courts and its limits to interpret and clarify operative part of arbitral awards in recognition proceedings

  In a decision on an application for declaration of enforceability of a domestic arbitral award on agreed terms, the Bavarian Highest Regional Court (BayObLG) recently addressed the power of state courts and their limits to interpret and clarify the operative part of arbitral awards. The ruling also clarified the requirements for formal service of an application for declaration of enforceability on the respondent and on the admissibility of penalty interest.Facts of the caseIn an arbitration concerning remuneration claims for corporate finance services, the Claimant sought payment from the Respondent,...

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  25/04/2024

  Allemagne

  UPC: Court of Appeal clarifies questions of public access to certain procedural documents

  In its decision dated 10 April 2024 (UPC_CoA_404/2023, ORD_19369/2024), the Court of Appeal of the Unified Patent Court (UPC) ruled on the requirements for public access to written pleadings and evidence.Based on the Rules of Procedure (RoP) of the UPC, decisions and orders of the UPC must always be published – subject to any necessary redactions, for example regarding personal data, see Rule 262.1(a) RoP (see also our blog post). The UPC has set up a separate page on its website for the publication of decisions and orders. The question of when the public not involved in the respective proceedings...

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  24/04/2024

  United Kingdom

  CMS Banking Disputes Report 2024

  Working with litigation analytics company, Solomonic, CMS has published its Banking Disputes Report 2024, a data-driven review of the Banking and Finance sector’s dispute-related activity to identify key trends, how banking disputes are being determined in 2024 and what might lie ahead.Key findings of the 2024 report:The Banking and Finance sector had the highest volume of new High Court claims filed in 2023. This trend has continued into Q1 2024. Our report looks at the types of claims being filed.2023 demonstrated the “long tail” of market events with claims still being filed...

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  17/04/2024

  United Kingdom

  APP fraud – Quincecare duty claims against banks replaced by new “retrieval duty” claims

  The recent decision in CCP Graduate School Ltd v National Westminster Bank plc and another [2024] EWHC 581 (KB), demonstrates how Claimants are repositioning claims against banks arising from authorised push payment (APP) fraud from breach of Quincecare duty claims to so-called “retrieval duty” claims.To date, the Courts have been reluctant to strike out such claims on a summary basis allowing them to proceed to trial. It is therefore likely that claimants will continue to frame claims against banks on this basis until the Courts determine the substantive merits of such claims.APP fraud...

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  15/04/2024

  United Kingdom

  Fundamentally dishonest claimant’s claim dismissed: s.57 of the Criminal Justice & Courts Act 2015 in action

  In Kirsty Williams- Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), a claimant who had sustained serious injuries following her fall from a pier in 2018 had her claim dismissed because the judge, applying s.57 of the Criminal Justice & Courts Act 2015, concluded that she had been fundamentally dishonest and that dismissing her claim would not cause “substantial injustice”.The claimant was found to have lied, seriously and repeatedly, in relation to her ongoing condition, and to have been wholly unrepentant when giving evidence. Her dishonesty was unravelled,...

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  12/04/2024

  International

  Oil & Gas: English court restrains foreign JOA proceedings in breach of arbitration provision

  In The Shell Petroleum Development Company of Nigeria Limited v Sunlink Energies and Resources Limited [2023] EWHC 3135 (Comm), the English Commercial Court demonstrated its willingness to ensure that a joint operating agreement’s arbitration provisions were preserved, and backed by real action by the court for a party seeking to circumvent them.BackgroundThe claimant, Shell Petroleum Development Company of Nigeria Limited (“SPDC”), and the defendant, Sunlink Energies and Resources Limited (“Sunlink”), were parties to a 2005 Joint Operating Agreement (the “JOA”)...

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