UPC_CoA_3/2026

Decisions and documents (1)

• 2026-03-16procedural

  Appellant:

  Ecovacs Robotics Co., Ltd.

  Respondent:

  Roborock (HK) Limited

  Measures to preserve evidence without hearing the other party raise issues of due process. The applicant’s duty to disclose any material fact known to it which might influence the Court in deciding whether to make an order without hearing the defendant is there so that the Court can take due account of the interests of both parties, in spite of having to rely only on the facts presented in the Application. Representatives are generally obliged not to misrepresent facts (R. 284 RoP). R. 192.3 RoP imposes a heightened requirement where the applicant must disclose, and not leave out, any material facts that might be relevant for an ex parte order. This includes (for example) facts that may be relevant for the proportionality assessment. Omissions and distorted accounts of material facts which might be of central importance for the Local Division’s assessment on whether to allow the request at all cannot be compensated or circumvented by later submissions in response to a Request for review. K

  Judge: Rian Kalden • Panel: Ingeborg Simonsson, Steen Wadskov, Stefan Wilhelm, Patricia Rombach, Rian Kalden🔒 Unlock Official PDF