Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Sparke Helmore Lawyers
The test to be applied when deciding about summary judgment is whether there is a real or serious question to be tried.
Jones Day
A series of recent intellectual property case victories by foreign plaintiffs against Chinese companies in Chinese courts has relevance for the forum non conveniens doctrine as a critical defense motion in U.S. courts.
Clyde & Co
在中国法院申请执行外国仲裁裁决的时效
Clyde & Co
北京新规 – 是否会使公司重组变得更为困难?
WilmerHale
On 15 September 2017, the Parliament of the Republic of Fiji enacted the International Arbitration Act 2017 (the "Act").
WilmerHale
On 15 September 2017, the Parliament of the Republic of Fiji enacted the International Arbitration Act 2017.
Nishith Desai Associates
An arbitral tribunal has inherent power to recall its order of termination in the event of default in filing statement of claim.
Nishith Desai Associates
Recently, in N. Harihara Krishnan v. J. Thomas, the Supreme Court ("SC") has held that Section 1382 of the NI Act is self-contained, in so far as it creates an offence and prescribes necessary punishment.
S.S. Rana & Co. Advocates
The Supreme Court of India has held that all assets pertaining to Hindu Undivided Family (HUF) are to be treated as joint property of the HUF, unless the contrary is proved as self-acquisition of property through valid documents.
Nishith Desai Associates
Placing reliance on the preamble of the Code, the NCLAT clarified that an Insolvency Resolution process is not a money suitfor recovery nor a suit for execution of any decree or award...
Vaish Associates Advocates
While deciding the said appeal, the Hon'ble court held that the power of compounding is exercisable even when proceedings are pending.
Vaish Associates Advocates
Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice.
Khaitan & Co
The plea for quashing the FIR was advanced on the ground that the Appellants had amicably settled the dispute with the complainant. The Court after discussing various precedents on the subject summarised the broad principles in relation to Section 482 for quashing FIRs.
Khaitan & Co
The Supreme Court granted leave to appeal to the Appellant challenging the legality and correctness of the judgment and order dated 29 September 2011 passed by the Division Bench of the Calcutta High Court.
Khaitan & Co
A Single Judge of the Bombay High Court (Court), vide its Order and Judgement dated 19 September 2017, found that an arbitration clause in the draft concession agreement annexed to the bid document does not constitute a binding arbitration agreement between the parties.
Nishith Desai Associates
The Supreme Court of India ("Court") in its recent ruling, Aravalli Power Company Ltd. ("Appellant") v. Era Infra Engineering Ltd., ("Respondent"), clarified that the provisions of the Arbitration...
Khaitan & Co
The matter involved an interesting proposition of law in dealing with a challenge raised by Era Infra before the Delhi High Court in two separate petitions filed against Aravali Power under Section 14 and 11(6) of the 1996 Act...
S.S. Rana & Co. Advocates
In the recent order dated August 14, 2017, in Pradyuman bisht vs Union of India & Ors. (IA 10142/2015 arising out of Writ petition(s) (criminal) no(s). 99/2015).
LexCounsel Law Offices
The phrase "existence of dispute" assumes significance as it is largely the only legal defence that a corporate debtor can take to avoid insolvency/liquidation proceedings initiated by an operational creditor.
Aquilaw
A person entrusted with a duty to adjudicate must be independent and impartial. This two fold requirement becomes increasingly relevant in the context of arbitrations wherein the appointment...
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Gilchrist Connell
A tenant could bear some responsibility if they did not act as a reasonable tenant to avoid the risk of personal injury.
Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Code, 2016 (IBC) has consolidated and amended the laws relating to reorganization and insolvency of corporate persons, partnership firms and individual firms.
Corrs Chambers Westgarth
The case provides useful guidance as to relevant principles that will apply in a "material change in circumstances" case.
McCague Borlack LLP
On September 13, 2017, Justice John Dixon of the Supreme Court of Victoria, Australia, awarded Ms. Rebel Wilson an unprecedented $4,567,472 (AUD) in damages...
Stacks Law Firm
Australians do not have a Bill of Rights or legal rights to free speech guaranteed under the Australian constitution.
Kott Gunning
Smartphones have made it easier to record life, with photographs, videos and audio recordings captured for evidence.
Norton Rose Fulbright Australia
The modern trend is towards cleaner simpler writing and less capitalisation, so perhaps lawyers should prefer lower case.
Carroll & O'Dea
If you are injured, you can still make a claim if you don't know the registration number of the vehicle that hit you.
DibbsBarker
Disputes between shareholders can be costly and disruptive, so it is important that any disputes are resolved quickly.
Clyde & Co
Justice Beach determined that in circumstances where the competing proceedings presented many similar...
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