Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Orrick
The Court of First Instance has confirmed that Mainland entities controlled by the PRC Central People's Government benefit from "crown" immunity from suit and execution...
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.
Clyde & Co
The Hong Kong Legislative Council has passed amendments to the Arbitration Ordinance to permit third party funding of arbitration in Hong Kong.
Khaitan & Co
The endeavour in the present article is to analyse and understand the Indian law concerning international arbitrations.
Singh & Associates
Vide the amendment of the Arbitration and Conciliation Act in 2015 following the 246th Law Commission Report, many provisions of the Act were amended suitably to smoothen...
IndusLaw
The question of whether two Indian parties can have a seat of arbitration outside India and choose foreign law to resolve disputes continues to remain a vexed issue.
ARA LAW
In yet another investor friendly move, the Delhi High Court in the case of Cruz City 1 Mauritius Holdings v. Unitech Limited, upheld the enforcement of foreign arbitral award in India ...
Vaish Associates Advocates
The distinction between "basic facts" which are essential factual constituents of the "grounds" and their further particulars or subsidiary details is important.
Vaish Associates Advocates
The Supreme Court of India in AIR 1974 SC 183 : Prabhu Dayal Deorah vs. District Magistrate, Kamrup, has held that the detenu has a right under Article 22(5) of the Constitution to be afforded...
Infini Juridique
The Government of India has recently notified "The Arbitration and Conciliation (Amendment) Ordinance, 2015". The notification was issued on October 23, 2015 and came into effect from the same date.
Nishith Desai Associates
Once a court has set aside the arbitral award, it cannot relegate the parties back to arbitral tribunal.
Phoenix Legal
One of the most significant legal changes made by the Indian legislature in recent years has been the introduction of the Arbitration and Conciliation (Amendment) Act, 2015 (Amendment Act).
Shardul Amarchand Mangaldas & Co
Indian public sector undertaking (PSUs) account for a large part of India's GDP. Naturally, therefore, PSUs are parties to many Indian disputes (whether in courts or arbitration).
PSA Legal Counsellors
This newsletter summarizes the key points discussed in the judgment that could impact contracts between an Indian and a non-resident party.
Lakshmikumaran & Sridharan Attorneys
1.Enforcing an arbitral award given by London Court of Arbitration ("LCIA"), the Delhi High Court on 20th April, 2017 settled the Tata-Docomo dispute by its judgment in NTT Docomo Inc. v. Tata Sons Ltd...
Luthra & Luthra Law Offices
In the space of a month, the Delhi High Court has delivered two judgements that significantly impact the interplay between enforcement of foreign arbitral awards in India and the foreign exchange regime
Dhaval Vussonji & Associates
Largely, under the provisions of Civil Procedure Code, 1908 any party is permitted to amend its pleadings in order to bring out the true and correct facts necessary for determining...
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...
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