COBALT advised a client in a cross-border contractual dispute concerning disagreements between business partners over the use of intellectual property. The agreement between the parties was governed by foreign law, and disputes were subject to arbitration in a foreign jurisdiction.
To protect the client’s position, COBALT applied to an Estonian court for interim measures to secure the claim to be pursued in the foreign arbitration proceedings. The court granted the application and secured the client’s claim to the extent requested. The interim measure remained in force throughout the arbitration proceedings, helping to protect the client’s position both during the resolution of the dispute and in settlement negotiations between the parties.
The dispute illustrates the important role Estonian courts can play in cross-border disputes where the underlying dispute is subject to resolution by a foreign court or arbitral tribunal and governed by foreign law. The existence of foreign arbitration or court proceedings does not preclude the need or the possibility of protecting a client’s interests in assets located in Estonia through the Estonian courts.
The client was advised by Partner Annika Peetsalu and Senior Associate Laura Viira.
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