Are the two trade marks confusingly similar? It’s the question that’s most commonly asked in trade mark law. The issue of confusion can arise in the context of registration: should the trade mark be registered in the face of the earlier trade mark? It can also arise in the context of use: does the trade mark that’s being used infringe the registered trade mark? The two cases that we will consider here both involve registration ...
In an order dated at the end of 2018, the DIFC Court accepted that a party seeking an anti-suit injunction against proceedings in a foreign court must show that proceeding before the foreign court is or would be “vexatious or oppressive” to that party ...
In the recent case of AB V CD, HCCT 27/2020, 18 February 2021the Court granted the application of AB Engineering, to set aside a HKIAC arbitral award made against it in Hong Kong, finding that it was not a party to the relevant agreement containing the arbitration clause (Agreement) ...
INTRODUCTION Alternative dispute resolution (ADR) is fast becoming popular as a relatively easier method of resolving disputes across the world and intellectual property (“IP”) is not an exception. This is apparent from the rising number of disputes handled by the World Intellectual Property Organisation (WIPO) Arbitration and Mediation Centre over the past few years, from 136 cases in 2017, to 155 in 2018, 178 in 2019 and 182 in 2020 ...
In our previous article, we reported on the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between Mainland China and the HKSAR (Supplemental Arrangement) made on 27 November 2020, which made certain revisions to the Arrangement Concerning Mutual Enforcement of Arbitral Awards between Mainland China and the HKSAR, as follows: Recognition of arbitral awards -The Supplemental Arrangement clarified that the procedures set out in the Arrangement shall be in
The grounds for appealing an arbitration award are limited. Even when the tribunal admits that it has made a mistake that is not always enough. So, when is an admitted error serious enough to permit an appeal? This was the question before the court in Doglemor Trade Ltd and others v Caledor Consulting Ltd and another [2020] EWHC 3342 (Comm). The Facts Mr Khabarov (majority owner of Caledor) was granted an option to purchase 30% of the share capital of Doglemor ...
The recent judgment in Kinli Civil Engineering Ltd v Geotech Engineering Ltd, HCA 2141/2020, is a reminder of the importance of choosing words carefully when drafting an arbitration clause, to ensure that it reflects the parties’ intentions as to how any disputes that may arise are to be resolved. Background The proceedings were instituted by the Plaintiff (K) against the Defendant (G) for sums, said to be due under a contract between them (Contract) ...
When one thinks of resolving disputes in Serbia, the first thing that comes to mind is the long, costly, inefficient dispute before a court, in a dusty court-room in a socialist architecture grey building. Even though these conditions still are reality, Serbia is making efforts in recent years to achieve higher efficiency in resolving disputes through various types of judicial reform including arbitration as one of dispute resolution mechanisms ...
While arbitration offers an excellent means for parties to get their disputes settled faster than in traditional courts, how you draft the arbitration clause in a document is critically important for a positive outcome – should a dispute arise. Legal agreements often have a clause indicating that parties agree to settle any disputes arising from the arrangement in arbitration. The text for this clause is frequently supplied by a local arbitration institute ...
Arbitration is one of the preferred mechanisms of dispute resolution in the construction industry. Understanding how an arbitration will unfold is useful in managing a dispute. Most domestic construction disputes are referred to arbitration through, and according to the rules, of the American Arbitration Association (AAA), but other organizations that follow different rules and processes do exist. For AAA arbitrations, the following steps provide a rough outline of a typical proceeding ...
The Arbitration Institute of the Stockholm Chamber of Commerce upholds a strong position as one of the most important centres of international arbitration. The steady growth in the number of cases involving foreign parties that are administered by the Arbitration Institute convincingly demonstrates its worldwide popularity and reputation ...
Amid the spread of COVID-19, the Romanian President decreed a state of national emergency in Romania, with express measures to be taken in the justice system. Although the Decree does not refer to arbitration, the state of national emergency and the need of social distancing inevitably impact it as well ...
Many construction contracts used in the industry include clauses mandating that any disputes be decided by binding arbitration rather than a jury or bench trial. The standard AIA forms provide the parties with the option of court or arbitration. Trial courts, overwhelmed by a flood of cases and supported with strong caselaw and statutory precedent, regularly enforce arbitration clauses ...
Arbitration Rules 2021The Asian International Arbitration Centre (“AIAC”) launched its latest edition of the AIAC Arbitration Rules (“AIAC Rules”) on 1 August 2021. The AIAC Arbitration Rules 2021 (“2021 Rules”) streamline proceedings and embrace the needs of a fast evolving disputes climate ...
On December 2, 2013 the US Supreme Court will hear oral arguments in BG Group v. Argentina, addressing for the first time the applicable rules when a US court reviews an international arbitral award made under a bilateral investment treaty. This case has earned the attention of the international arbitration community, given its potential impact on future arbitral practice in the United States and abroad ...
On 10 January 2015, new EU rules on jurisdiction and enforcement of judgments in civil and commercial matters came into effect as a result of the Brussels Regulation (recast) (Regulation (EU) 1215/2012) (the recast Regulation). Although the recast Regulation introduces several important changes to the Brussels regime, this article considers the controversial arbitration exclusion to that regime and looks at the likely impact for commercial parties ...
[!<CDATA[ As costly class action retirement plan litigation under the Employee Retirement Income Security Act (ERISA) proliferates, mandatory individual arbitration has become an increasingly appealing alternative for certain benefit plans. However, the benefits of arbitration can only be realized if it is enforceable ...
The Construction Industry Arbitration Commission of the Philippines (“CIAC”) has original and exclusive jurisdiction over disputes arising from, or connected with, contracts entered into by parties involved in construction in the Philippines. Construction disputes may range from contractual money claims to disputes over the execution of the construction work. Construction disputes may involve government or private contracts ...
When a dispute arises, and the subject matter relates to sport, it tends to attract attention. Whether the dispute concerns football, tennis, swimming or Formula 1, a bit of friction and tension makes for better headlines. For that very reason, most sporting bodies have a dispute resolution procedure that requires the parties to engage in arbitration. Advantages of arbitration in sport disputes There are two main benefits of using arbitration in sporting disputes ...
While arbitration offers an excellent means for parties to get their disputes settled faster than in traditional courts, how you draft the arbitration clause in a document is critically important for a positive outcome – should a dispute arise. Legal agreements often have a clause indicating that parties agree to settle any disputes arising from the arrangement in arbitration ...
The notion of contractual freedom has long been recognised in the entrenchment of the principle that agreements should be honoured. In this context, the decision by private contracting parties to submit a dispute to arbitration falls clearly within the purview of the valid exercise of contractual freedom ...
The UAE has introduced a new law on civil procedure (Federal Decree-Law 42/2022) which repeals Federal Law No. 11 of 1992 on civil procedure and its executive regulations issued under Cabinet Resolution No. 57 of 2018. The new law came into force on 2 January 2022 ...
According to section 3(1) of the Prevention and Control of Disease (Prohibition on Group Gathering) Regulation (Regulation) (Cap.599G), no group gathering of more than four persons may take place in any public place during a specified period, unless it falls within one of the exceptions set out in Schedule 1 to the Regulation. The specified period will last until 7 May 2020, but may be further extended depending on the rapid changes in the public health situation ...
It may seem logical that personal injury damages awarded for someone’s on-going medical needs following a serious injury would be ring-fenced on a divorce. Unfortunately, this is not necessarily the case. The leading authority on this point is Wagstaff v Wagstaff from 1992 in which, when referencing an attempt to ring-fence damages on divorce, it was stated that “the capital is not sacrosanct nor any part of it secured against the application of the other spouse” ...
Even though Belgium is lagging behind when it comes to enacting specific legislation, companies doing business in Belgium should be aware of the risk of being held accountable for human rights violations or environmental pollution up or down their value chain. Human rights violations are a ‘hot’ topic and businesses are confronted with ethical challenges in this respect ...
