Litigation and Alternative Dispute Resolution


Contact: Antony Morris

COURTS SUPPORT ENFORCEMENT OF NON-COMPETE COVENANT AGAINST DEPARTING EMPLOYEE

The recent interim judgment of the High Court in the case of Ropner Insurance Services Limited -v- Wood and Clearwood International Limited has emphasised once again that courts are willing in appropriate cases to grant injunctions to prevent employees breaching restrictive covenants. Although interim injunctions are intended to hold the position until a final decision of the court is made, in practice they can signal the end of the case, as the ex-employee is then prevented from competing and left without resources to fight the litigation. As a result, such orders can be extremely powerful weapons for employers. However, enforcing restrictive covenants through the courts is not straightforward: they need to be drafted very carefully to ensure that they go no further than is necessary to protect the employer’s legitimate business interests.

Read more: Will The English Courts Enforce Non-Compete Covenants?


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Useful guidance has been given by the courts on the management of procurement challenges where the complaint relates to the tender documents themselves.

Bidders involved in regulated tenders have only a 30 day period in which to bring legal proceedings alleging a breach of the Public Contracts Regulations 2015 (the Regulations). In the case of challenges to the design of the tender, this usually means that proceedings must be issued before the outcome of the tender is known. This can present unique case management difficulties for the courts.

Read more: Public Procurement: Challenging the Tender Documents


Contact: Fatih Isik 

Introduction

The International Court of Arbitration of the International Chamber of Commerce (ICC Court”) has recently announced important amendments to the ICC Rules of Arbitration (“Rules”). Among others, the amendments also contain inclusion of expedited procedure to the Rules. The press release states that the amendments are made “with the aim of further increasing the efficiency and transparency of ICC arbitrations.” The revised rules will apply from March 1st, 2017[1].

Read more: ICC Rules on Expedited Procedure


Prof. Dr. H. Ercument Erdem

Document production requests in international arbitration play an important role, since they ensure that the parties have access to documents that are not in their possession, in order to provide sufficient proof for their claims. In parallel with this important role, document production requests are closely related to the parties’ right to due process, since the documentation of an issue may totally depend on a document production request.

Read more: Document Production Requests in International Arbitration and Due Process Concerns


Last week, the Kardashian sisters lost their bid in the United States Court of Appeals for the Eleventh Circuit to compel Kroma Makeup EU, LLC (“Kroma EU”) to arbitrate a dispute. As background, Lee Tillett, Inc. (“Tillett”) developed and registered a trademark more than a decade ago for a line of cosmetics known as “Kroma” cosmetics. Tillett gave Kroma EU the exclusive right to sell the Kroma cosmetics line in the United Kingdom and European Union, as well as the right to use the Kroma trademark. The licensing agreement between Tillett and Kroma EU contained an arbitration provision requiring these two parties to arbitrate all “disputes arising between them” under the licensing agreement.

Read more: Exclusive Arbitration Clauses and Non-Parties to Agreements: The Eleventh Circuit Holds That the...