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Special guest(s)

February 19, 2020 In Jurisdictional issues, Parallel litigation & Lis pendens, Special guest(s) By Quentin Decleve

Munich Court of Appeals Issues Anti-Anti-Suit Injunction in FRAND Case

As a supplement to the blogpost published a couple of weeks ago on the judgment of the Paris Court of First Instance (Tribunal de Grande Instance) of 8 November 2019 which issued an anti-anti-suit injunction against Lenovo ordering that company to withdraw a request for an anti-suit injunction pending before a US Court, Mr Peter Bert (a reader of this blog) shared with me an article that he wrote concerning a similar case recently put before German courts.

My colleagues Steve Ross and Rebecca Halbach discussed this German case in the latest edition of Van Bael & Bellis’ Competition Law Newsletter. I have decided to reproduce their article below.

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Article drafted by Steve Ross and Rebecca Halbach

On 12 December 2019, the Munich Court of Appeals (Oberlandesgericht München) (the Court) upheld the judgment of the Munich District Court (Landgericht München I) of 2 October 2019 which had granted a preliminary injunction in a case pitting Continental (Continental), an automobile supplier, against Nokia (Nokia), a telecommunications company. The Court ordered Continental to withdraw the action for anti-suit injunction which that company had brought against Nokia before the US District Court of the Northern District of California (the US Court) in a patent dispute.READ MORE

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January 14, 2020 In Jurisdictional issues, Parallel litigation & Lis pendens, Special guest(s) By Quentin Decleve

French Court Issues Anti-Anti-Suit Injunction Claim in FRAND Dispute

Article drafted by Steve Ross, Associate at Van Bael & Bellis

On 8 November 2019, the Paris Court of First Instance (Tribunal de Grande Instance) (the French Court) issued a judgment (in case RG 19/59311) for a preliminary injunction in a case pitting IPCOM GmbH & Co. KG (IPCom), an intellectual property rights licensing and technology R&D company, against Lenovo/Motorola (Lenovo), a telecommunications company. The French Court held that it had jurisdiction over the case with regard to a patent infringement claim and ordered Lenovo to withdraw the motion for an anti-suit injunction which that company had brought before the US District Court of the Northern District of California (the US Court) in so far as it concerns the French part of the patent.READ MORE

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December 3, 2018 In Investment Law, Special guest(s) By External Contributor

Modernizing ICSID’s Rules for Resolving Investment Disputes

By Martina Polasek and Damon Vis-Dunbar[1]

The procedural rules of the International Centre for Settlement of Investment Dispute  (ICSID) have been successfully applied to hundreds of cases since they were first adopted in 1967, a remarkable testament to the innovative spirit and foresight of the original drafters. The robustness of the rules has also made the task of gradual modernization much easier.

The rules have, in fact, evolved over the last 50 years. In 1978, the ICSID Additional Facility was created, offering arbitration, conciliation, and fact-finding services to disputes that fall outside the scope of the ICSID Convention – namely where only one of the parties is an ICSID Member State or national of one, or where the dispute does not arise “directly” out of an investment between a state and a foreign national.

There have been three subsequent rounds of rule changes, the most recent of which entered into force in April 2006. Those amendments included strengthened disclosure requirements for arbitrators; expanded transparency provisions (including a provision allowing open hearings); and a new rule allowing a party to obtain an early dismissal of a case due to manifest lack of legal merit[2].

As readers of this blog may be aware, ICSID is now in the process of updating its rules for the fourth time. Notably, the amendments under consideration are the most extensive to date. They cover the ICSID Regulations and Rules, adopted pursuant to the ICSID Convention; the Additional Facility Rules; the Administrative and Financial Regulations; and the Institution Rules.READ MORE

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July 3, 2018 In Investment Court System, Investment Law, Special guest(s) By External Contributor

Opinion 1/17 on CETA: Hearing Report

On 26 June 2018, the Court of Justice of the European Union (the CJEU) heard the legal arguments raised by the institutions of the European Union and by some EU Member States in Opinion 1/17 on the compatibility of the Investment Court System (ICS) provided for in the EU-Canada Comprehensive Economic and Trade Agreement (CETA).

As we discussed before, the CJEU is requested to provide an opinion regarding the compatibility of the ICS contained in CETA with respect to: (i) the exclusive competence of the CJEU, pursuant to Article 267 of the Treaty on the Functioning of the European Union (TFEU), to give a binding interpretation of EU law; (ii) the general principle of equality and the practical effect (‘effet utile‘) of EU law; (iii) the right of access to courts; and (iv) the right to an independent and impartial judiciary.

I was unfortunately unable to attend this hearing. However, my friend José Rafael Mata Dona attended the hearing and has kindly provided us with a summary of the main points which were raised.READ MORE

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October 16, 2017 In Special guest(s) By Quentin Decleve

Exclusive Interview with George A. Bermann (Columbia Law School)

Dear Reader,

As this blog aims at providing fruitful and inspiring thoughts in the field of international litigation and arbitration, I thought that an innovative way to deliver those objectives would be to seek insights and reflection from prominent international litigators and arbitration practitioners.

The first person to have kindly agreed to answer my questions is Professor George A. Bermann.READ MORE

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