UPC CoA, 16 September 2024: Evidence duties of parties and discretion of the Court

Court may of its own motion disregard late filed requests, facts and evidence even if these were not objected to by the other party (Article 73(4) UPCA, R. 222.2 RoP). A party has a duty to provide available evidence (R. 172(1) RoP). Court has a discretionary power to request the production of evidence but is not obliged to do so (R. 172(2) RoP). Bank guarantee issued by a bank licensed in the US does not provide adequate security (R.158 RoP). 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, as ICPillar has suggested.

IPPT20240916, UPC CoA, ICPillar v ARM