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Appeals courts confirm procedural public policy violations

Introduction
A violation of public policy is grounds to refuse the enforcement or recognition of an arbitral award (Article V(2)(b) of the New York Convention) and set it aside (Article 1206(2)(2) of the Code of Civil Procedure (CCP)). Public policy encompasses the basic principles of both substantive and procedural law. The Polish courts rarely confirm violations of the latter. In two cases before the Gdansk(1) and Warsaw(2) Courts of Appeal, the courts found that procedural errors in arbitration were grave enough to justify setting aside the awards in question.
Warsaw case
Facts
The claimant initiated a case before an arbitration tribunal specialised in internet domain claims. The claimant argued that the respondent s registration of certain domains violated its trademark. ....

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Data protection regulation amendments: cross-border transfers

Introduction
On 12 June 2020 the Diet promulgated the Amendment Act of the Act on the Protection of Personal Information, which will come into force by June 2022.(1) Many of the act s provisions have been delegated to subordinate regulations, including:
the Cabinet Order to Enforce the Act on the Protection of Personal Information; and
the Personal Information Protection Commission s (PPC s) Enforcement Rule for the Act on the Protection of Personal Information.
In December 2020 further proposed amendments to these regulations were published.(2) This article outlines the effect that these proposed amendments will have on businesses disclosure requirements when transferring personal data to overseas third parties.(3) ....

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Cape Town Convention: court rules that AirAsia X restructuring scheme is insolvency-related event

In its recent decision in
AirAsia X Berhad v BOC Aviation Limited (Originating Summons WA-24NCC-467-10/2020), the high court held that a scheme of arrangement under Section 366 of the Companies Act 2016 is an insolvency-related event for the purposes of the Convention on International Interests in Mobile Equipment (the Cape Town Convention) and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (Aircraft Protocol).
The Cape Town Convention is an international treaty intended to standardise transactions involving movable property. Malaysia acceded to the convention and the Aircraft Protocol on 2 November 2005 and they both entered into force in Malaysia on 1 March 2006. The International Interests in Mobile Equipment (Aircraft) Act 2006, which was enacted to implement the convention and the Aircraft Protocol, came into force on 19 October 2006. ....

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Carsharing – shared-use vehicle system in legislative process

Carsharing is a well-known initiative globally which continues to gain popularity. In Poland, the Ministry of Transport, Construction and Maritime Economy recently prepared a proposal for a legal definition of carsharing . According to the glossary of terms provided for the Transport Development Strategy to 2020 (with an outlook to 2030),(1) carsharing is a system of shared use of passenger cars, which by definition leads to a significant reduction in the number of registered private cars. Vehicles in the system may be made available for a fee and the operators of the system which facilitate this include companies, public agencies and individuals.(2)
In addition, according to the draft amendment to the Act of 11 January 2018 on Electromobility and Alternative Fuels,(3) the Ministry of Climate and Environment plans to include a carsharing initiative in the statutory regulations and provide a statutory definition of this activity therein. Carsharing will be added to the legal ....

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Operating virtually in pursuit of greater effectiveness

Virtual courts
Despite all of the challenges that the pandemic has brought, the Brazilian judicial sector has not slowed down.
The need to adapt to a new way of life almost overnight forced the state courts to expedite the scanning of lawsuits which were not yet digitised. Further, on 27 October 2020 the National Council of Justice announced the implementation of the 100% Digital Court project,(1) which the Rio de Janeiro State Court was first to introduce. The project aims to execute the procedural acts of lawsuits digitally. Despite most lawsuits being processed electronically at the time of its implementation, many presential acts (eg, conciliatory and judgment sessions) still used physical documentation. ....

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