Evidential contract: Can the parties limit the evidences they might rely on?

In case of disagreement, the proof of the issues put forward by the parties depends on the evidences; which has been obtained and submitted legitimatelly; since the courts or arbitration boards decide by evaluating the evidence of the party with the burden of proof, and if it is suitable for clarifying the dispute.

Related briefings

Examination of the relationship between e-sports and violence

It is of great importance to examine acts of violence resulting from the competitive environment in e-sport games where the games are played individually as well as a team, also where the physical and mental attributions are prominent, and the legal character of such acts. The sanctions for acts of violence caused by e-sports players or third parties involving in the games without playing are, in general, determined by the respective publishers of the game based on the tournament rules.

Digitalisation of the health services in Turkey

With the developing technology and changing consumer behaviors and demands, we see that many sectors have undergone profound changes in recent years, some sectors have completely disappeared, and new ones have emerged.

Localisation of data storage through cloud computing systems

The article includes legal assessments for institutions that receive data storage services through cloud computing systems regarding whether there is an obligation to keep data in storage centers domestically within the scope of data storage services to be received through cloud computing systems.

Latest Briefings

Swiss Federal Supreme Court follows the practice of EPO’s Board of Appeal on singling out

In a recent decision (4A_613/2019, 11 May 2020), the Swiss Federal Supreme Court (Supreme Court) followed the practice of the Board of Appeal of the European Patent Office (EPO) as it held that the singling out of single features from two separate lists of features and therefore the combination of these  two specific features constitutes an extension of the subject-matter of the patent application leading to its nullity.

Recent Commercial Court decision highlights the importance of strict compliance with claim notification provisions in share and business sale and purchase agreements

In a recently delivered decision, Dodika Limited & Others v. United Luck Group Holdings Limited [2020] EWHC 2101 (Comm), Mr Peter MacDonald Eggers QC (sitting as a Deputy Judge of the Commercial Court) has ruled that a notice of claim under a tax covenant contained in a share sale and purchase agreement (SPA) failed to comply with the requirements of the claim notification provisions in the SPA. As a result, a sum of USD 50 million held in escrow was liable to be released to the SPA sellers.

Cyber security: Proactivity vs reactivity

Worried about the rise in cyber crime? Peter Yapp explains to Counter Terror Business Magazine how to “expect the unexpected” and get proactive when it comes to cyber security.

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