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Arbitration in Belgium published in Thomson Reuters' Practical Law

The Arbitration Global Guide gives a structured overview of the key practical issues concerning arbitration in Belgium, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim.

Read the full overview on Thomson Reuters' website.

Flip Petillion writes an article on the Terms of Reference

Here is what we discuss in more detail in the article.

 

The Terms of Reference are meant to enhance efficiency and effectiveness in arbitration proceedings. They contain the scope and limitations of the arbitration proceedings. They define the structure of a project in which people have agreed to work together to accomplish a shared goal. In contrast with a charter which only defines high-level requirements, the Terms of Reference are more detailed. They show how the project in question is defined and how it will be developed and verified. They also define success factors. Detailed Terms of Reference define the objectives and deliverables and the role and responsibility of each participant in the project, the resources, the budget and funding, and the time schedule for the deliverables.

 

Whereas the Terms of Reference may have become common practice in national and international commercial arbitration, we will demonstrate that it is not a simple formality that parties fulfil before commencing formal proceedings. Instead, the Terms of Reference play an important role in the conduct of the proceedings and their outcome, not the least with regard to the purpose to come to an enforceable decision which ends a dispute in a way that respects the rights of the parties all along the proceedings, and which parties had declared from the outset to accept as a final and binding outcome to their dispute.

 

The notion Terms of Reference is somewhat imperfect. ‘Terms’ are conditions, provisions, requisites, stipulations. ‘Reference’ suggests that the parties have agreed that the detailed terms will serve as a point of reference, a guide. However, in practice, the concept means much more than that. They are binding specifications that parties and the arbitral tribunal must respect throughout the project. Parties agree to refer a dispute to an arbitral tribunal for resolution under the agreed specifications. The French ‘Acte de Mission’ and the Dutch ‘Akte van Opdracht’ or ‘Opdrachtsakte’ much more reveal that the Terms of Reference are there to define the role of the arbitral tribunal and the goal that the tribunal is expected to achieve within a certain time frame.

PETILLION writes Belgian chapter for the eDiscovery and Information Governance Law Review

PETILLION has written the Belgian chapter of the first eDiscovery and Information Governance Law Review edition published by Law Business Research.

 

The first  edition of The eDiscovery and Information Governance Law Review provides an overview of the complex and ever-evolving e-discovery and information governance obligations in key jurisdictions around the world. It is intended as a cross-border guide for companies facing a wide array of overlapping and competing e-discovery and information governance laws and regulations, impacting the use, retention and disposition of electronically stored information (ESI).

To this end, PETILLION joined a geographically diverse group of leading experts each providing a chapter of commentary on their own jurisdiction.

 

You can read PETILLION's contribution on The Law Reviews' website or download it in PDF format here.

Flip Petillion introduces first edition of annual case law overview on ICT law in Belgium

Flip Petillion has edited the first edition of the annual case law overview on ICT law in Belgium. The 2019 edition contains contributions on current ICT topics including:

- Privacy and data protection

- The liability of online intermediaries in the digital single market (Alexander Heirwegh)

- Hyperlinks and the liability of news websites (Karel Janssens)

- Injunctions in domain name proceedings (Flip Petillion)

You can read more on the newest edition on Larcier website or download the table of contents here.

Kluwer Arbitration Blog publishes Flip Petillion's article on the understaffing of the Brussels Enterprise Court and its effect on Arbitration

 

In the new article published on Kluwer Arbitration Blog, Flip focusses on arbitration as the new normal for resolving commercial disputes. Since the Brussels enterprise court has been systematically left understaffed, the trend towards resolving disputes through arbitration may only be enhanced.

You can read the full article here.

"Enforcement of Intellectual Property Rights in the EU Member States" published by Intersentia

The book counts 1272 pages and is a collaborative effort of PETILLION and lawyers from top tier firms from all 28 EU Member States. It is edited by Flip Petillion and includes 28 chapters on IP enforcement in each respective Member State, as well as in the EU in general.

 

The book provides a timely overview and thorough analysis of intellectual property rights enforcement in the EU Member States.It is a valuable resource for both practitioners – who are active cross-border and internationally – and general counsel – who seek an in-depth analysis of the legal landscape across the EU.

You can find more information and order the book on Intersentia's website.

For a preview of the book click here.

Law Business Research publishes PETILLION's chapter on TMT law in Belgium

PETILLION has written the Belgian chapter of the Technology Media and Telecommunications Law Review published by Law Business Research.

 

The ninth edition of The TMT Law Review provides an overview of evolving legal constructs in 26 jurisdictions around the world. It is intended as a business-focused framework rather than a legal treatise, and provides a general overview for those interested in evolving law and policy in the rapidly changing TMT sector.

To this end, PETILLION joined a geographically diverse group of leading TMT experts each providing a chapter of commentary on their own jurisdiction.

 

You can read PETILLION's contribution on The Law Reviews' website or download it in PDF format here.

Thomson Reuters publishes Flip Petillion's article on choosing an arbitrator 

The article, which is part of Thomson Reuters' Global Guide to Arbitration, considers and gives further insight into the importance of the choice of arbitrator, what the parties should look for in an arbitrator, and where to find the relevant information.

In his article, Flip discusses the motive for interested parties to find out who will be part of their deciding bench, as well as the qualities and characteristics that are important for a suitable arbitrator. The article further elaborates on how parties can address problems in the nominating process. 

 

You can read the article on Thomson Reuters' website here.

Flip Petillion finishes 12th annual case law overview on intellectual property

Flip Petillion has edited the 2018 edition of the annual case law overview on IP. The newest edition contains contributions on actual IP topics including:

- Interpretation of case law on copyright in information and communication technology (Bart Van Besien)

- International jurisdiction in copyright matters (Jan Janssen)

- Acquired distinctiveness of trademarks in the European Union - Kit Kat (Alexander Heirwegh)

- Rebranding and the use in commerce of EU trademarks - Mitsubishi (Thierry Van Innis)

You can read more on the newest edition on Larcier website or download it in PDF format - soon available here.

PETILLION writes Belgian chapter for the 2nd edition of the Trademarks Law Review 

PETILLION has written the Belgian chapter of The Trademarks Law Review's 2nd edition published by Law Business Research. The Trademark Law Review aims to provide an annual snapshot of trademark law across a broad range of jurisdictions, including Belgium, summarising key legal provisions and also examining recent developments and trends from the courts. It also identifies areas of expected legal activity and legislative change going forward.

 

You can read PETILLION's contribution on The Law Reviews' website or download it in PDF format here.

PETILLION writes an article on WIPR on the potential impact of the proposed changes to the .eu TLD regulatory framework on online brand protection

The EU institutions are seeking to implement potentially wide-ranging restrictions on publicly-accessibly information in the .eu WHOIS database which threaten to severely restrict the ability to investigate and tackle online trademark infringements. PETILLION reports in World Intellectual Property Review (WIPR).

Read the full article here.

We also wrote a letter to the EU institutions, challenging the proposed amendments. Read more here.

PETILLION publishes another guide on investigating and tackling IP infringements in a post-GDPR environment

This guide aims to provide rightsholders with practical insight and solutions on how to investigate online IP

infringements and enforce their rights in the post-GDPR landscape without expeditious access to essential WHOIS information. We also determine essential positions and actions points to ensure the effectiveness of IP protection online.

Read the guide here.

PETILLION publishes a guide on actions needed after 25 May to enforce IP rights in a post-GDPR environment

For those who have been hiding under a rock for the last two years, the highly anticipated EU General Data Protection Regulation (GDPR) finally came into effect. While many companies have dreaded this day (often afraid of considerable fines or influenced by fearmongering rhetoric), 25 May is unlikely to be the day of judgment.

 

One thing is for sure: over-extensive compliance efforts by different entities will make it considerably harder for rightsholders to enforce their intellectual property and commercial rights. This is particularly true in an online world, where it will be harder to obtain crucial information from the WHOIS system.

 

This guide offers practical insight to this issue and highlights the actions needed after 25 May to enforce your rights in a post-GDPR environment.

Read the guide here.

Bifurcation of Disputes at Transaction Level

 

Traditionally, authors have addressed the choice between court litigation and arbitration proceedings either at the moment that a conflict arises or when drafting a jurisdiction clause in a contract. They also tend to only analyse the pros and cons of both alternatives.

 

However, there is another way to look at this. Twenty years ago, we adopted an approach that may have been unconventional at the time. Now, many years later, we can easily conclude that this way of handling possible disputes has been very successful, especially with a view to avoiding disputes all together. We named it the escalation approach.  The approach aims at avoiding further escalation of a conflict. This article will consider this approach and give further insight.

Read the full text here.

Selecting an Arbitrator

 

How should you select someone you want to nominate as an arbitrator? What criteria should you use? Is a strategy useful at all? This article will consider these questions and give further insight. However, I should be clear from the outset: this is not an exact science. I have prepared this subject with an intellectual openness of mind: with the aim to be open to new ideas and to avoid partiality. And just such an intellectual openness is vital when making choices that concern the constitution of arbitration panels.

Read the full text here.

Dispute resolution in Belgium published in Thomson Reuters' Practical Law

 

The Dispute Resolution Global Guide gives a structured overview of the key practical issues concerning dispute resolution in Belgium, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals.

Read the full overview on Thomson Reuters' website.

Arbitration in Belgium published in Thomson Reuters' Practical Law

The Arbitration Global Guide gives a structured overview of the key practical issues concerning arbitration in Belgium, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim.

Read the full overview on Thomson Reuters' website.

Law Business Research publishes PETILLION's chapter on trademark law in Belgium

PETILLION has written the Belgian chapter of The Trademarks Law Review published by Law Business Research, a new title from the long-established Law Review series. The objective of this issue is an ambitious one: to provide an annual snapshot of the law in this area across a broad range of jurisdictions, not only summarising key legal provisions but also examining recent developments and trends coming from the courts, and identifying areas of expected legal activity and legislative change going forward.

To this end, PETILLION joined a geographically diverse group of leading trademark practitioners each providing a chapter of commentary on their own jurisdiction.

 

You can read PETILLION's contribution on The Law Reviews' website or download it in PDF format here.

PETILLION contributed to Chambers TMT Global Practice Guide

PETILLION has provided the Belgian chapter in Chambers & Partners' brand new Global Practice Guide 2018 on Telecom, Media & Technology (TMT). Our comprehensive chapter presents an expert commentary on key legal issues in the TMT sector.

 

The Guide provides companies, in-house lawyers and attorneys with a detailed and concise overview of aspects of telecommunications, media, and technology regulations that often are of the greatest practical significance to businesses, such as licensing requirements, spectrum allocations, opportunities for foreign participation, and preemption of local rules.

 

Our chapter covers the general structure of TMT regulation and ownership in Belgium, as well as particular rules for broadcasting/media, telecom, wireless, satellite, and internet/broadband services.

 

You can read PETILLION's contribution on Chambers and Partners' website or download it in PDF format - available here.

Flip Petillion finishes 11th annual case law overview on IP

Flip Petillion has edited the 2017 edition of the annual case law overview on IP. The newest edition contains contributions on actual IP topics including:

- Compensation of attorneys fees and costs in view of ECJ decision C-57/15

- The possible copyright protection of styles, trends and fashion

- Short proceedings and the urgency requirement

- Certification marks as a new kind of trade mark at EU level

- The relationship between trade marks and domain names

- UPC and the Belgian Regulatory Framework

You can read more on the newest edition on Larcier website.

Book on enforcement of IP law in Belgium

Flip Petillion has edited a book on the enforcement of IP law in Belgium.

 

Dutch title: Handhaving van Intellectuele Rechten in België - 10 jaar implementatie van de Europese Richtlijn 2004/48 - 334 pagina's.

French title: Respect des Droit Intellectuels en Belgique - 10 ans depuis la transposition de la Directive Européenne 2004/48 - 334 pages.

The book contains contributions by 28 experts, including three by the PETILLION team:

Directive 2004/48/EC: the road to adoption, implementation and revision

Alexander Heirwegh has contributed an article on the adoption and implementation of Directive 2004/48/EC.

Répétibilité des honoraires d’avocat dans un litige relatif aux droits intellectuels: état de la question et pistes de réflexion

Diégo Noesen has published an article on the recovery of costs and fees in IP infringement litigation in Belgium.

Arbitrage als alternatief voor het oplossen van geschillen over intellectuele rechten

Flip Petillion has contributed an article on arbitration as an alternative mechanism for resolving IP disputes.

Legal 500 Belgian Report on IP

PETILLION team prepared the Belgian Report on Intellectual Property for Legal 500's online publication IP Country Comparative Guide.

The report was published early October 2017. It deals with essentials of Intellectual Property in 32 Questions & Answers.

Legal 500 is the provider of comprehensive worldwide coverage on recommended Law firms, Lawyers, Attorneys, Advocates, Solicitors and Barristers.

Competing for the Internet. ICANN Gate - An Analysis and Plea for Judicial Review Through Arbitration

 

Flip Petillion and Jan Janssen wrote a book on Internet Governance.

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