Litigation

High Court confirms correct test for serious irregularity under section 68 of the Arbitration Act 1996

Maass v Musion Events Ltd and others [2015] EWHC 1346 (Comm) is a rare example of a successful challenge to an arbitration award under section 68 of the Arbitration Act 1996 on the grounds of serious irregularity affecting the tribunal, the proceedings or the award.  The case confirms the correct test to be applied by the court in deciding if there has been a serious irregularity.

Trademark

Genuine Use In Only One Member State Is Not Sufficient To Maintain A CTM

Facts
The Claimant, Sofa Workshop, owned two CTMs for the word mark SOFA WORKSHOP. The registrations covered various types of furniture, textile, homeware accessories and retail services of a general store specialising in household furniture. The Claimant used the CTMs extensively in the UK but their use outside the UK was limited to advertisements in UK magazines which were distributed across Europe.

Remember, remember, remember: the need to challenge arbitral awards promptly

The Commercial Court’s recent decision in Emirates Trading Agency LLC v Sociedade De Fomento Industrial Private Limited [2015] EWHC 1452 (Comm) is a poignant reminder of the need for parties to challenge arbitral awards (whether partial or final) promptly and within 28 days under section 70(3) of the Arbitration Act 1996.

Guest Posts

@Olswang

RT @munmax: For all data protection fans:the official #EUdataP reform app.And it's so #DataProtection friendly! @OLSWANG_Germany http://t.c…