Worldwide: Arbitration & Dispute Resolution

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.

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.

When a commercial agreement is terminated, businesses face immediate consequences including lost territories, revenue streams, and customer relationships. However, receiving a termination notice does not automatically mean the other party had the legal right to end the agreement. Understanding the contractual terms, alleged breaches, and available remedies under Cyprus law becomes critical to protecting your business interests and determining whether the termination itself constitutes a breach of contract.

The Italian Supreme Court of Cassation has ruled for the first time that Italian companies may validly include foreign-seated arbitration clauses in their articles of association for corporate disputes.

France has enacted its first substantive reform of arbitration law since 2011 through Decree No. 2026-741, introducing targeted modernizations to enhance its position as a leading arbitration hub. The amendments introduce a duty of proportionality, expand judicial support powers, establish standalone recognition proceedings, and modernize procedural rules including electronic awards and streamlined challenge procedures. These changes represent the initial phase of a three-stage reform process that will ulti

The Irish High Court has ruled on whether a foreign judgment creditor can invoke Irish courts to recognize and enforce an overseas judgment, examining whether rights under aircraft leasing arrangements—including maintenance reserve reimbursement rights, lease deposits, and interests in Irish aviation structures—constitute assets for jurisdictional purposes.

A recent order from the Paris Central Division of the Unified Patent Court establishes that parties may file UPC actions before the grant of underlying European patents, creating new strategic considerations for patent proprietors considering opt-outs. The decision in Omnia Technologies v Sidel Participations demonstrates how timing of opt-out requests has become critical, as the court found jurisdiction even when patents were not yet granted at the time of filing.

The Unified Patent Court is witnessing a significant shift toward English as the primary language of proceedings, with a recent Milan Local Division decision exemplifying this trend.

A Maltese court has ruled that BNF Bank plc can enforce its pre-existing security rights over property subject to a seizing and freezing order, marking the first instance where the Civil Court (Asset Recovery Section) released assets to protect a bona fide secured creditor. The judgment establishes that banking institutions holding legitimate security interests acquired in good faith are not automatically overridden by asset recovery measures.