Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Carroll & O'Dea
The full impact will be felt when payments cease after the five-year grace period, with many unprepared for the changes.
Holding Redlich
These two recent decisions have clarified how dispute resolution clauses could be interpreted by different courts.
Jones Day
The Chinese Arbitration Association ("CAA") adopted the Chinese Arbitration Association International Arbitration Rules 2017 ("CAAI Rules") on July 1, 2017.
Clyde & Co
On 16 May 2017, the China International Economic and Trade Arbitration Commission (CIETAC) launched its Public-Private Partnership Arbitration Centre in Beijing.
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
After the 2012 Lamma ferry disaster, the idea for "apology legislation" arose when the Director of the Marine Department apologised eight months after the incident.
Orrick
On 13 July 2017 the Hong Kong Legislative Council passed the Apology Ordinance.
Orrick
"This decision confirms Hong Kong's position as an arbitration-friendly jurisdiction".
Orrick
Hong Kong has traditionally been reluctant to allow claimants' legal costs to be paid by third parties who have no direct legitimate interest in the outcome of the dispute.
Clyde & Co
The Hong Kong Legislative Council has passed amendments to the Arbitration Ordinance to permit third party funding of arbitration in Hong Kong.
Nishith Desai Associates
Supreme Court clarifies that parties can be punished for contempt for any action/default in complying with Tribunal's order or during the conduct of the proceedings and not merely restricted to taking evidence
Vaish Associates Advocates
The normal law relating to the Burden of Proof and its onus is given under the provisions of the Indian Evidence Act, 1872.
LexOrbis
Damages, as the name implies, refers to a form of compensation as a result of breach, loss or injury.
Hammurabi & Solomon
It was further observed that Courts need to remind themselves that the trend is to minimize interference with arbitration process as that is the forum of choice.
Clyde & Co
In 2002, the Indian Supreme Court decided, in Bhatia International v Bulk Trading SA1 ('Bhatia') that Indian courts had exclusive jurisdiction to test the validity of an arbitral award made in India...
S.S. Rana & Co. Advocates
The Court stated that in the present case, neither the Agreement was signed by the Petitioner in his personal capacity, nor any of the communications produced provided a record of an agreement...
Nishith Desai Associates
Disputes governed by statutory enactments established for specific public purpose cannot be mandatorily referred to arbitration...
Shardul Amarchand Mangaldas & Co
The Court in the last part of this judgement noted that the court in Anvar has not applied the principle of prospective ruling.
S.S. Rana & Co. Advocates
Oftentimes it can be perceived that while technology progresses at an exponential rate, a majority of the world is still left to play catch-up. But this time, the same cannot be said about the Judiciary in India.
S.S. Rana & Co. Advocates
The Learned Magistrate after taking cognizance of offences in a complaint filed by the Complainant, alleging commission of offences punishable under Ss. 386, 406, 409, 420 and 120B of the IPC.
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Am Badar & Partners
Domain name is an internet address of the country organizer, person, business entity, and/or society which can be used in communication through internet, which is a code or character composition...
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
How do recent developments in third party arbitration regimes affect the international dispute resolution community?.
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.
Tuli & Co
It is well settled that arbitration agreements do not bar the jurisdiction of the National Consumer Disputes Redressal Commission ('NCDRC') and other consumer forums.
Seth Dua & Associates
The holders being aggrieved party filed a petition before the NCLT for the recovery of their deposits.
Kochhar & Co.
In a pivotal order, the NCDRC has held that the arbitration clause in a builder-buyer agreement cannot circumscribe the jurisdiction of consumer forums.
Kott Gunning
Litigation over the Forge collapse generated a number of interesting and informative decisions in the insolvency area.
Luthra & Luthra Law Offices
The recent order by the Hon'ble Supreme Court in Amit Sibal v. Arvind Kejriwal , has again brought to the forefront, the short but extremely important question as to :
Kachwaha & Partners
A little known fact is that India was amongst the only six Asian nations to have signed the Geneva Convention of 1927.
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