Mondaq All Regions: Litigation, Mediation & Arbitration
Norton Rose Fulbright Canada LLP
In what is typically referred to as a "clawback proceeding," a trustee in bankruptcy seeks to recover, or "claw back," funds paid to innocent investors in a Ponzi scheme lucky enough to make a profit (net winners) ...
Torys LLP
The Constitution Act, 1867 has suddenly become a hot topic in a range of industries across Canada. In R. v. Comeau, a unanimous decision ...
Will Davidson LLP
An unusually high number of pedestrians were struck and killed by vehicles in Toronto over the first three months of 2018, raising concerns among safety advocates, city planners, and personal injury lawyers.
Will Davidson LLP
Each year, thousands of Canadians are killed or seriously injured in motor vehicle accidents.
Torys LLP
Partner and Litigation and Dispute Resolution Practice head Andrew Bernstein has co-authored a piece for the Globe and Mail on federalism in the wake of some significant national issues...
Elias Neocleous & Co LLC
The need for clear and reliable guidelines to determine whether a first-instance criminal court judgment can be appealed arose in a recent application to the Supreme Court.
Shearman & Sterling LLP
The new international divisions of the Paris Commercial Court and the Paris Court of Appeal, also known as the "International Chambers," will start operating imminently.
Dhir & Dhir Associates
On 9th March, 2018, Supreme Court of India, in the matter Kerala State Electricity Board and Anr. Vs. Kurien E. Kathilal and Anr. (MANU/SC/0231/2018) ...
Khaitan & Co
This is because, the whole purpose of a central enactment is that it uniformly applies to the entire country, and this principle of uniformity has been safeguarded by Kusum Ingots.
Jones Day
The Government of India has announced possible amendments to the Indian Arbitration and Conciliation Act 1996.
Abril Abogados
Protocol for speedy judicial actions of the Commercial Courts of Barcelona for the "Mobile World Congress" (26 feb.- 1 mar. 2018)
Schellenberg Wittmer Ltd
L'Avant-Projet relatif à la révision partielle du Code de procédure civile suisse (CPC) a été soumis à consultation le 2 mars 2018. Il vise principalement à renforcer l'exercice collectif des droits.
Schellenberg Wittmer Ltd
Am 2. März 2018 wurde die Vernehmlassung zu einer Teilrevision der Schweizerischen Zivilprozessordnung (ZPO) eröffnet. Der Vorentwurf bezweckt insbesondere eine Stärkung des kollektiven Rechtsschutzes.
Schellenberg Wittmer Ltd
On 2 March 2018, the Swiss Federal Council initiated the consultation phase regarding a partial revision of the Swiss Civil Procedure Code (CPC).
BakerHostetler
On Feb. 6, 2018, the Article 29 Working Party (Working Party 29) published Working Paper 261 (WP 261), which provided guidance on the provisions of Article 49 ...
Withers LLP
Privacy has long been of utmost importance in the art world. But in the context of the recent global move towards transparency in business and finance...
Foley & Lardner
Federal district courts are supposed to grant leave to amend a complaint "freely … when justice so requires." Fed. R. Civ. P. 15(a)(2).
Carlton Fields
Jonathan Kessler brought a claim in arbitration against his former employer, Kent Building Services, after he was fired from his job as Kent's president, asserting that he had not been fired...
BakerHostetler
California District Court construes Illinois's statute more broadly than Illinois's own courts do.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Roughly around this time last year, the U.S. Supreme Court issued its ruling in Bristol-Myers Squibb v. Superior Court, 137 S. Ct. 1773 (2017)...
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Cooper Grace Ward
Resource companies are failing to adequately compensate for the disruption to the business activities of the landowner.
Khurana and Khurana
The Corporate Debtor/Respondent (Uttam Galva Metallics) defaulted in the payment to the Operational Creditor/Appellant (Macquarie Bank) amounting to USD 6,321,337 equivalent to Rs. 43,11,15,190.
Coleman Greig Lawyers
This brand dispute is highlighting the importance of properly drafted Intellectual Property Licence Agreements.
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.
Worrells Solvency & Forensic Accountants
This article examines challenges to the entitlement of creditors in bankrupt estates to vote at meetings of creditors.
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.
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.
Holley Nethercote commercial & financial services lawyers
The Australian Financial Complaints Authority becomes a 'one stop shop' for the resolution of all financial complaints.
Stacks Law Firm
Courts will to defend reputations against large media organisations and in response to abusive posts on social media.
Corrs Chambers Westgarth
The case provides useful guidance as to relevant principles that will apply in a "material change in circumstances" case.
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