Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Corrs Chambers Westgarth
To decide otherwise would have severely undermined the policy settings which serve as the basis for insolvency law.
Coleman Greig Lawyers
The term refers to legal privilege attached to communication specifically used for the purpose of negotiating settlement.
Clyde & Co
On 15 March 2017, The PRC General Provisions of Civil Law (the General Provisions) were formally adopted at the 5th Session of the 12th National People Congress of the People's Republic of China.
Orrick
In early 2005, a subsidiary of listed Hong Kong and China Gas Company Limited (0003.HK) bought a controlling stake in a Chinese joint venture company.
Clyde & Co
恩尼德建筑师事务所诉富力南京地产开发有限公司仲裁裁决案, (2016)苏01认港1号 (2016年12月13日),(江苏省南京市中级人民法院)
Clyde & Co
An analysis of the "Ennead" decision: the first CIETAC Hong Kong arbitral award been recognised and enforced in the Mainland
Han Kun Law Offices
Welcome to Han Kun's Monthly Newsletter (Issue 119 - March 2017). In this month's edition, we look at..
Han Kun Law Offices
长沙亚兴置业发展有限公司(以下称"亚兴置业")诉北京师大安博教育科技有限责任公司(以下称"安博教育")其他合同纠纷案(以下称"本案")௚
Nishith Desai Associates
The Delhi High Court (DHC), in its decision on 28 April 2017 allowed the enforcement of an LCIA arbitral award obtained by Docomo against Tata (Award), for a total sum of US$1.7bn in damages.
Singh & Associates
The parties cannot appeal against an arbitral award as to its merits and the court cannot interfere on its merits.
Singh & Associates
The prominent role of national courts in international arbitration has been recognized in almost every country, as because arbitrations are regulated pursuant to national laws and, accordingly...
Singh & Associates
Appointment of Emergency Arbitrator: It is the procedure by which parties seeking for an urgent interim relief may appoint an arbitrator even before the constitution of the tribunal.
Juris Corp
The Supreme Court, after hearing at the parties at length, concluded that the Divisional Bench committed a manifest error in issuing directions in the concluding part of its judgment.
Singh & Associates
There has been much controversy around the jurisdiction of the Courts in absence of a specific jurisdiction clause but a specific "seat" of Arbitration.
Vaish Associates Advocates
Recently courts have started a new trend acknowledging the utility of services like WhatsApp for service of court notice. The Hon'ble Mr. J. G.S. PATEL, of Bombay High Court in the case...
Singh & Associates
The Arbitration and Conciliation (Amendment) Act, 2015 was notified on 1st January 2016 and is deemed to have come into force on 23rd October 2015.
Vaish Associates Advocates
The Benami Transactions (Prohibition) Act, 1988 was amended by the Benami Transaction (Prohibition) Amendment Act, 2016, whereby substantial provisions were added to the existing Act...
Khaitan & Co
The Court held that there was nothing in the Consent Terms which was contrary to any provision of Indian law.
Nishith Desai Associates
Designating the seat in an arbitration agreement would confer Courts of the seat with exclusive jurisdiction over and in relation to the arbitral proceedings
Khaitan & Co
Aggrieved by the impugned order, the appellant challenged it before the Division Bench of the Delhi High Court.
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Singh & Associates
Appointment of Emergency Arbitrator: It is the procedure by which parties seeking for an urgent interim relief may appoint an arbitrator even before the constitution of the tribunal.
Cooper Grace Ward
The decision provides certainty as to when payment claims are valid and effective in triggering the adjudication process.
Singhania & Partners LLP, Solicitors and Advocates
Under the Arbitration and Conciliation (Amendment) Act, 2015. There are two avenues available for the enforcement of foreign awards in India, viz., the New York Convention and the Geneva Convention, as the case may be.
Coleman Greig Lawyers
The term refers to legal privilege attached to communication specifically used for the purpose of negotiating settlement.
IndusLaw
India's finance bill for the financial year 2016-2017 (the "Bill") was presented by the Finance Minister on February 1, 2017 and approved by the Lok Sabha with certain modifications on March 22, 2017.
LexCounsel Law Offices
With the above observations, the Bench admitted the insolvency application.
Singhania & Partners LLP, Solicitors and Advocates
Legitimacy of invocation of bank guarantees has always been a bone of contention between the parties who have entered into commercial arrangements.
S.S. Rana & Co. Advocates
On March 01, 2017, the Full Bench of the Honorable Bombay High Court in the case of CiplaLimited vs. M/s Cipla Industries Pvt. Ltd., passed a dictum on the inter play between Sections 29(4) and (5)...
Clayton Utz
Sensible and practical steps should help your business to reduce the risk of disputes from arising in the first place.
Clayton Utz
Online competitions or promotions could inadvertently expose businesses to financial penalties and reputational damage.
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