Litigation Law, Mediation Law and Arbitration Law

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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
Limits To Iura Novit Curia: Chilean Court Sets Aside International Arbitral Award For Exceeding The Scope Of The Parties’ Submissions
A Chilean appellate court annulled a major international arbitration award in a salmon-farming acquisition dispute, ruling that the tribunal exceeded its mandate by recharacterizing the buyers' contractual damages claim into an unpleaded restitutionary price adjustment claim. The decision explores the boundaries of the iura novit curia principle and its limits when tribunals reshape claims beyond what parties actually submitted for arbitration.
Chile Litigation
BB
Baker Botts LLP
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Article
Divisional Patent Practice In Brazil: Analysis Of A Developing Landscape
Brazilian courts have fundamentally transformed divisional patent practice through a series of landmark rulings that challenged the Brazilian Patent and Trademark Office's restrictive administrative rules. Four influential cases from the Federal Court for the Second Circuit established that applicants can file divisional patent applications at the appellate level, not just during first-level examination, creating a more predictable legal framework for patent prosecution in Brazil.
Brazil IP
LA
Licks Attorneys
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Article
Brazil Takes A Stand Against Judicial Imperialist In Patent Litigation
Senator Carlos Portinho has introduced Amendment #8 to Bill No. 2,210/2022, proposing significant measures to protect Brazilian judicial sovereignty in patent disputes. The amendment introduces mechanisms to counter foreign anti-suit injunctions and interim licenses that interfere with Brazilian court proceedings, including business suspension powers and substantial financial penalties. How will this legislative initiative reshape Brazil's approach to international patent litigation and strengthen its innov
Brazil IP
LA
Licks Attorneys
Article
Divisional Patent Practice In Brazil: Analysis Of A Developing Landscape
Brazilian courts have fundamentally transformed divisional patent practice through a series of landmark rulings that challenged the Brazilian Patent and Trademark Office's restrictive administrative rules. Four influential cases from the Federal Court for the Second Circuit established that applicants can file divisional patent applications at the appellate level, not just during first-level examination, creating a more predictable legal framework for patent prosecution in Brazil.
Brazil IP
LA
Licks Attorneys
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