Matthew Arnold & Baldwin LLP

Paul Gershlick

C contractually agreed to provide D with software and IT services. The dispute resolution clause in the contract provided for mediation and adjudication. A dispute arose. C suggested mediation, to which D agreed. D also gave notice of material default and required C to correct. C gave notice requiring adjudication. D gave notice of termination when the material default had not been corrected. Each party objected to the action taken by the other party. C sought an injunction to prevent D terminating until the adjudication process had been completed; meanwhile, D sought an injunction to prevent C going to adjudication while mediation was still in play.    

The High Court refused both injunction requests. Unless there was very clear wording in the contract to the contrary: the dispute resolution process did not stop a party exercising its contractual rights including the right to terminate; and different dispute resolution mechanisms provided for in the contract were not mutually exclusive.  

Presidium of the RF Supreme Arbitration Court has established an important precedent in the battle against unfair registrars of domain names. The court delivered the judgment under the rules of the World Intellectual Property Organization (WIPO) and upheld Denso Corporation of Japan.

November 13, 2008: After waging a monumental battle in court spanning over 25 years, an application is brought before the Court of Appeal, which will not conclude the matter but, further add to the growing body of literature in the case.

Posted on Monday, November 03, 2008

Washington, D.C. (November 3, 2008) – Paul, Hastings, Janofsky & Walker LLP, an international law firm, successfully defended Dong-A Pharmaceutical Co. Ltd., a leading Korean pharmaceutical company, in an international arbitration brought by a U.S. biotech venture. The claim, which sought damages in excess of $100 million, was terminated by the Tribunal on October 15, 2008.