European Union: Litigation, Mediation & Arbitration

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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
The Return Of The Commercial Court In Malta: A New Chapter For Commercial Litigation
Malta's Commercial Court has been re-established as a superior court with extensive jurisdiction over commercial disputes, maritime matters, aviation claims, and intellectual property cases. The reform introduces significant changes to how commercial litigation will be handled, though certain aspects of the Court's scope remain subject to interpretation. Practitioners must carefully navigate the new jurisdictional framework to ensure cases are filed in the appropriate forum.
Malta Litigation
CG
CSB Group
Article
Supreme Court Confirms “no Foal, No Fee” Arrangements Are Not Champertous
The Supreme Court of Ireland has issued a landmark ruling on litigation funding arrangements, examining whether conditional fee uplift agreements and "no foal, no fee" structures violate champerty laws. This decision arose from a tax debt recovery case where taxpayers challenged the Revenue Commissioners' fee arrangements with their legal panel, arguing these agreements were unenforceable under Irish law.
Ireland Litigation
M
Matheson
Article
Recent Developments In Mediation: A New Practice Direction And High Court Judgment On Court Ordered Mediation
Recent developments in Irish mediation law have brought significant changes through a new High Court Practice Direction and a landmark judgment on court-ordered mediation. These developments clarify compliance requirements under the Mediation Act 2017 and establish the courts' power to direct parties into mediation, even against their will in appropriate circumstances.
Ireland Litigation
DE
Dillon Eustace
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Related Country Guides

LD
Litigation Dispute Resolution
IA
International Arbitration
EF
Enforcement of Foreign Judgments
CA
Class Actions

Disclosure & Electronic Discovery & Privilege

Article
Vivendi/Lagardère: EU General Court Dismisses Human Rights Objections And Confirms Commission’s Broad Information-Gathering Powers In Merger Investigations
The European Commission's broad information-gathering powers came under scrutiny when Vivendi and Lagardère challenged requests for documents from personal devices during a gun-jumping investigation. The General Court's dismissal of these challenges confirms that competition authorities can access professional communications on personal devices, even when fundamental rights concerns are raised, provided appropriate safeguards are in place.
Belgium Anti-trust
M
Macfarlanes LLP
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Professional Negligence

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Arbitration & Dispute Resolution

Article
[UPCKat] When Is Imminent Infringement More Likely Than Not? Decision Of The UPC Court Of Appeal In Merz v Viatris
The UPC Court of Appeal recently overturned a first instance decision in the first case of SPC enforcement at the UPC, granting Merz a preliminary injunction against Viatris. The decision clarifies when a patentee must act to avoid undue delay in seeking provisional measures, emphasizing that applicants need sufficient certainty of imminent infringement before filing. The Court conducted a detailed analysis of French regulatory procedures and market practices to determine whether Merz had acted with reasona
France IP
CR
Carpmaels & Ransford LLP
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Court Procedure

Article
Competition And Regulated Markets - Antitrust Litigation
Our team combines specialist competition law knowledge with practical litigation experience to represent clients in complex antitrust disputes before Irish courts. We handle everything from appeals of infringement decisions and procedural challenges to follow-on and standalone damages actions. With expertise spanning case assessment, pleadings, expert strategy, discovery, and interlocutory relief, we navigate the full spectrum of competition litigation matters.
Ireland Anti-trust
AC
Arthur Cox
Article
[UPCKat] When Is Imminent Infringement More Likely Than Not? Decision Of The UPC Court Of Appeal In Merz v Viatris
The UPC Court of Appeal recently overturned a first instance decision in the first case of SPC enforcement at the UPC, granting Merz a preliminary injunction against Viatris. The decision clarifies when a patentee must act to avoid undue delay in seeking provisional measures, emphasizing that applicants need sufficient certainty of imminent infringement before filing. The Court conducted a detailed analysis of French regulatory procedures and market practices to determine whether Merz had acted with reasona
France IP
CR
Carpmaels & Ransford LLP
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Latest Videos

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