Worldwide: 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
High Court Orders Claimant To Pay Defendant's Costs After Recovering Just 1.6% Of Its Professional Negligence Claim
The High Court has ruled that a company in liquidation must pay 85% of its former auditor's costs despite winning a professional negligence claim, after recovering only 1.6% of the damages sought. The decision examines when a claimant can be considered the 'successful party' for costs purposes and reinforces the high threshold for avoiding standard Part 36 offer consequences.
United Kingdom Litigation
KL
Herbert Smith Freehills Kramer LLP
Article
Court Of Appeal, July 16, 2026, Order, UPC-CoA-42/2026
The Court of Appeal addresses whether the deadline for submitting a Statement of response to an appeal can be extended when new information becomes available after the Statement of grounds of appeal was received. This procedural decision involves an appeal between Fives ECL and REEL GmbH concerning European Patent EP 1 740 740, examining the application of specific UPCA articles and Rules of Procedure governing extension of time limits in UPC appeal proceedings.
Germany Litigation
BP
Bardehle Pagenberg
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Article
LD Paris, July 20, 2026, Order – Modification Of Security For Costs (R. 158 RoP), UPC_CFI_530/2025
KEEEX SAS has initiated infringement proceedings before the Paris Local Division of the Unified Patent Court against major technology companies including Adobe, OpenAI, Truepic, and the Coalition for Content Provenance and Authenticity. The case involves European Patent EP 2 949 070 and centers on a procedural order regarding modification of security for costs under Rule 158 of the Rules of Procedure.
France IP
BP
Bardehle Pagenberg
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Article
High Court Orders Claimant To Pay Defendant's Costs After Recovering Just 1.6% Of Its Professional Negligence Claim
The High Court has ruled that a company in liquidation must pay 85% of its former auditor's costs despite winning a professional negligence claim, after recovering only 1.6% of the damages sought. The decision examines when a claimant can be considered the 'successful party' for costs purposes and reinforces the high threshold for avoiding standard Part 36 offer consequences.
United Kingdom Litigation
KL
Herbert Smith Freehills Kramer LLP
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Article
English Court Of Appeal Confirms New York Convention Ratification Does Not Waive State Immunity In Enforcement Proceedings
The English Court of Appeal has ruled that a state's ratification of the New York Convention does not constitute a waiver of sovereign immunity in enforcement proceedings. Does this decision create obstacles for investors seeking to enforce arbitral awards against states, and what strategies should parties employ when contracting with state entities?
Worldwide International
KL
Herbert Smith Freehills Kramer LLP
Article
Enforcement Of Awards Against Sovereigns - UK Court Of Appeal Clarifies Scope Of Waiver Of State Immunity
The Court of Appeal has ruled that ratifying the New York Convention does not waive a state's sovereign immunity in enforcement proceedings, creating a significant distinction from ICSID Convention protections. This decision clarifies the complex interaction between international arbitration treaties and state immunity rules, with important implications for investors seeking to enforce arbitral awards against sovereign states. The judgment contrasts sharply with recent Supreme Court precedent on ICSID award
United Kingdom Litigation
W
WilmerHale
Article
French Court Of Cassation Limits Enforcement Against State-Linked Assets Where EU Stability Objectives Are At Stake
The French Court of Cassation has established a critical limitation on enforcing arbitral awards against State-linked entities when EU financial stability objectives are at stake. In a landmark ruling involving Greece's asset management vehicle HCAP, the Court held that while creditors may generally pursue assets of State emanations, this doctrine must yield when enforcement would undermine EU-mandated restructuring and stabilization programs. This decision fundamentally reshapes enforcement strategy for ar
France Litigation
Aceris Law
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