Summary
The Federal Court of Australia recently handed down a judgement
which provides some insight into issues surrounding the
enforceability and effect of internet contracts :
Dialogue Consulting Pty Ltd v Instagram, Inc [2020] FCA
1846.
Dialogue is alleging in these proceedings that Instagram has
breached its Terms of Use by excluding Dialogue from access to its
platform. Instagram, which alleges that Dialogue was engaged in
unauthorised data scraping , sought a stay of
proceedings under section 7(2) of the
International Arbitration
Act 1974 (Cth) on the grounds that a version of the Terms of
Use which was originally in place when Dialogue commenced using
Instagram required disputes to be submitted to arbitration.
To print this article, all you need is to be registered or login on Mondaq.com.
Readers of this blog will remember that we have discussed previously a declaratory
judgment lawsuit filed by Fairview Health Services against Quest
Software, Inc. and Quest s affiliate One Identity LLC arising
out of an audit by Quest. Essentially Fairview contends
that when it notified Quest that it was canceling maintenance &
support, Quest immediately issued an audit notice and made
multi-million non-compliance findings, which Fairview vigorously
disputes. Tactical Law has been monitoring the case and
we now have a ruling by Judge Susan Nelson on Quest s Motion to
To print this article, all you need is to be registered or login on Mondaq.com.
Following the expiry of the transition period which ended on 31
December 2020 at 11pm GMT (known as IP Completion Day ),
the UK is no longer a member of the EU. During the transition
period (between 31 January 2020 when the UK has formally withdrawn
from the European Union) to the IP Completion Day, the UK has
implemented certain key pieces of legislation to ensure that
following its exit from the European Union, the majority of the EU
laws which apply in financing transactions in their current form
In a highly anticipated decision, which took over a year to release, the Supreme Court of Canada clarified the parameters of the duty to exercise contractual discretion in good faith in Wastech.
Introduction:
Recognising that an arbitration agreement between parties is an
agreement independent of the substantive contract, the Delhi High
Court in
Dholi Spintex Pvt. Ltd. v. Louis Dreyfus Company India
Pvt. Ltd.
1 has held that two Indian
parties can choose a foreign law as the law governing the
arbitration between them. The Court has also reiterated the legal
position on limited interference by Courts in international
arbitrations.
Factual Background:
Plaintiff ) had entered into a contract
with Louis Dreyfus Company India Pvt. Ltd. (the
Defendant ) for supply of 600 metric
tonnes of American imported raw cotton on May 30, 2019
(
Contract ). The Contract was entered