European Union: Arbitration & Dispute Resolution

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Arrested In Cyprus? A Practical Guide For Foreign Nationals And Their Families
Foreign nationals arrested in Cyprus face significant challenges including language barriers, unfamiliar legal procedures, and limited access to documentation. Understanding the immediate priorities, securing proper legal representation, and knowing how to coordinate with families and overseas advisers can be critical to protecting rights and preparing an effective defense.
Cyprus Criminal
CP
Christos Paraskevas LLC
Article
Maltese Court Confirms In Rem Jurisdiction Over An Abandoned Vessel
The Maltese First Hall of the Civil Court has delivered a significant judgment affirming its in rem jurisdiction over an abandoned yacht, establishing that maritime service providers can pursue claims directly against vessels for unpaid storage and maintenance fees. The case clarifies the practical application of Article 742B of Malta's Code of Organization and Civil Procedure, demonstrating how courts can enforce payment...
Malta Transport
GA
Ganado Advocates
Article
Local Division Düsseldorf, September 1, 2026, Decision On Infringement Action, UPC_CFI_307/2025
This case examines the liability of an EU Authorized Representative under the Medical Device Regulation as an intermediary in patent infringement proceedings, even when they are not direct infringers. The court addresses critical procedural questions including deemed acceptance of jurisdiction, the consequences of non-attendance at oral hearings, and the discretion to refuse stays despite pending CJEU referrals.
Germany IP
BP
Bardehle Pagenberg
Article
Court Of Appeal, August 31, 2026, Order, UPC_CoA_312/2025
The Court of Appeal of the Unified Patent Court addresses the procedural requirements for obtaining suspensive effect when filing an application for rehearing under Article 81(2) UPCA. The decision clarifies that suspensive effect is not automatic and requires independent substantiation beyond the grounds for rehearing itself, with applicants needing to demonstrate concrete, irreparable prejudice to justify departure from the default rule of continued enforceability.
Luxembourg IP
BP
Bardehle Pagenberg
Article
CD Munich, UPC 523/2025, Revocation Action, Issued On September 2, 2026
The Munich Central Division of the Unified Patent Court addressed critical procedural and substantive questions in a revocation action concerning European Patent EP 4 226 039. The court examined the burden of proof required to establish lack of entitlement under Art. 138(1)(e) EPC, the court's discretion to assess dependent claims in stand-alone revocation proceedings, and the evidentiary value of Wayback Machine screenshots for proving public availability of online prior art.
Germany IP
BP
Bardehle Pagenberg
Article
Irish High Court Confirms It Can Order Parties To Mediate In Litigation Proceedings
The Irish High Court has ruled for the first time that it has inherent jurisdiction to order parties in non-personal injury civil disputes to engage in mediation, even against their wishes. This landmark decision examines whether mandatory mediation breaches constitutional rights of access to courts, what factors courts should consider when exercising this discretion, and how this power aligns with Ireland's Mediation Act 2017 framework that emphasizes voluntary participation.
Ireland Litigation
M
Matheson
Article
Arbitration Clauses Are Easy To Sign, But What Happens When You Cannot Afford The Costs?
When a party to an arbitration agreement faces severe financial difficulties years after signing, should they still be bound by that clause? Portuguese courts have grappled with this tension between contractual autonomy and constitutional guarantees of access to justice, recognizing that supervening impecuniosity may, in exceptional circumstances, render arbitration agreements unenforceable.
Portugal Litigation
GGI Global Alliance
Article
LD Paris, August 19, 2026, Infringement Action With Conditional Counterclaim For Revocation, UPC_CFI_301/2025 And UPC_CFI_713/2025
The Paris Local Division of the Unified Patent Court issued a decision on the merits in an infringement action brought by Orange SA against HMD Global Oy concerning European Patent EP 2 345 029. The case involved jurisdictions across France, Germany, and Italy, with the defendant filing a conditional counterclaim for revocation under Article 33(3) of the UPCA and Article 69 of the EPC.
France IP
BP
Bardehle Pagenberg
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