ICPillar LLC v. ARM Limited et al., Order UPC Court of Appeal, 16 September 2024, Case no. UPC_CoA_301/2024
HEADNOTE
– The Court of Appeal shall of its own motion consider how to exercise its discretion under R.222.2 RoP. The Court of Appeal may therefore decide to disregard late filed requests, facts, and evidence even if these were not objected to by the other party.
– From R.172.1 RoP it clearly follows that there is a duty to provide evidence that is already available to a party.
– The Court has a discretionary power to request the production of evidence pursuant to R.172.2 RoP. It is not obliged to do so.
– A bank guarantee issued by a bank licensed in the US does not provide adequate security, as R.158 RoP requires. As the reason for not allowing a bank guarantee to be issued by a US licensed bank is not solely based on nationality, but on substantive grounds, this is not contrary to any prohibition of discrimination.
The Order (in English) can be read here.
