Will private litigants be able to enforce the CCPA compliance provisions?
October 1, 2020 by Teresa Michaud and Alexander Davis 7 Mins Read
Now that the California Consumer Privacy Act is in effect, it is imperative to consider the potential litigation risks that many companies are likely to face as a result of the new law. While many commentators have analyzed the CCPA's express private right of action for data breaches that occur in the absence of reasonable security measures, it's important to note that class litigation may be used in an attempt to privately enforce the other…
In Enforcement
Australian court enforces ICSID awards against Spain
April 23, 2020 by Jo Delaney and Charlotte Hendriks 5 Mins Read
The Federal Court of Australia (FCA) has enforced two ICSID awards against the Kingdom of Spain (Spain) in Eiser Infrastructure Ltd v Kingdom of Spain. [1] The FCA rejected Spain's argument that it was immune from the jurisdiction of the Australian courts (asserted pursuant to sections 9 and 10(7) of the Foreign States Immunities Act 1985 (Cth) (Immunities Act)). The investors (Investors) involved in two ICSID arbitrations applied under s35(4) of the International Arbitration Act…
In Competition Litigation
Will the proposed amendment to the Chilean Competition Law open a new stage to cartel enforcement in the country?
April 23, 2020 by Juan Ignacio Donoso 6 Mins Read
On March 13, 2020, the President of the Republic of Chile submitted to the Congress a bill to increase criminal sanctions to cartels, and to provide the Fiscalía Nacional Económica (FNE), the Chilean Competition Authority, with new techniques for their investigations. If this bill is approved, will it open a new stage to cartel enforcement in the country? Background On October 18 2019, a social unrest began in Chile. Millions of Chileans took to the…
In Asia Pacific
Recent Amendments to the Japanese Civil Enforcement Act
December 6, 2019 by Yuko Kai and Kengo Nishigaki 4 Mins Read
In order to file a petition for a compulsory enforcement, a petitioner is required to identify the location of the obligor's property. If a creditor wins a civil case against a debtor but cannot identify the debtor's property, then the creditor would not be able to enforce the judgment against the debtor. In this regard, the Japanese legal system has been unsuccessful in obliging the debtor to disclose its assets. Traditionally, the creditor would be…
Singapore Court of Appeal clarifies conditions for granting Mareva injunctions in support of foreign court proceedings
December 4, 2019 by Nandakumar Ponniya and Daljit Kaur 4 Mins Read
In the recent Court of Appeal decision in Bi Xiaoqiong (in her personal capacity and as trustee of the Xiao Qiong Bi Trust and the Alisa Wu Irrevocable Trust) v China Medical Technologies, Inc (in liquidation) and another [2019] SGCA 50, the Court of Appeal dismissed an appeal against the grant of a Mareva injunction in support of foreign court proceedings. Background The second respondent, CMED Technologies ("CMED") was the wholly owned subsidiary of the…
Enhancement of Singapore's Reciprocal Enforcement of Foreign Judgments Act
On October 3, 2019, the Reciprocal Enforcement of Foreign Judgments (Amendment) Act ("Act") came into force. It consolidates and expands Singapore's regime for statutory recognition and enforcement of foreign judgments by repealing the Reciprocal Enforcement of Commonwealth Judgments Act and amending the Reciprocal Enforcement of Foreign Judgments Act. The Act enables a broader range of judgments to be enforced in Singapore. Previously, the scope of judgments receiving recognition and enforcement was limited to final money…
Swiss Federal Court: A contract with several characteristic performances can be enforced at each place of characteristic performance
June 3, 2019 by Valentina Hirsiger-Meier and Lukas Innerebner 5 Mins Read
On 13 March 2019, the Swiss Supreme Court (case No. 4A_444/2018, selected for official publication) held that a contract may contain several characteristic performances, each of which establishes territorial jurisdiction at the place of performance under the Swiss Code of Civil Procedure (CCP) or the Swiss International Private Law Act (PILA). Although this finding follows the prevailing view of the scholars, it partially conflicts with the principles enacted under the Lugano Convention. A Swiss court's…