Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Carroll & O'Dea
Partners have rights and obligations to each other partner even after a partnership is dissolved.
Corrs Chambers Westgarth
This decision could very likely assist in promoting Australia as a desirable venue for commercial arbitration.
DeHeng Law Offices
China's foreign investment has shown a steep rise in recent years and China has become one of the world's major outbound investment countries.
Proskauer Rose LLP
In the past several months, China has adopted new arbitration rules and unveiled a new arbitration center to help resolve the inevitable international disputes arising from the development of The Silk Road Economic Belt...
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.
WilmerHale
On 15 September 2017, the Parliament of the Republic of Fiji enacted the International Arbitration Act 2017 (the "Act").
Baker & McKenzie
Under the new Apology Ordinance, the evidence of an apology is not admissible in any judicial, arbitral, administrative, disciplinary and regulatory proceedings for determining fault or liability.
Clyde & Co
Following the passing of the Apology Bill on 13 July this year, Hong Kong has become the first jurisdiction in Asia to enact apology legislation.
Clyde & Co
Clyde & Co and Clasis Law secure a landmark judgment for Doosan India from the Delhi High Court sending GMR Energy Limited back to SIAC ...
Dhir & Dhir Associates
The object of introducing Section 138 in the Negotiable Instruments Act, 1881 (hereinafter referred to as "NI Act") is to enhance the acceptability of cheques in the settlement of liabilities.
Singhania & Partners LLP, Solicitors and Advocates
The National Judicial Appointments Commission Act, 2014 ("NJAC Act") has been notified in the official gazette on the 13th of April, 2014.
Nishith Desai Associates
Bhatia International v Bulk Trading S.A. Bhatia International v Bulk Trading (2002) 4 SCC 105 (not reported by Lexis Nexis® UK), entailed that Part I of the Arbitration and Conciliation Act, 1996 will apply to all arbitrations....
Khaitan & Co
The Supreme Court, which is the Apex Court of India, recently ruled on whether Section 5 of the Limitation Act, 1963 could be invoked to seek a condonation of delay in filing an appeal before the Debt Recovery Tribunal...
Khaitan & Co
On 10 October 2017, the Supreme Court of India in the matter of Duro Felguera, S.A. v. Gangavaram Port Limited has upheld the legislative policy and purpose to minimize the Court's intervention at the stage of appointing an arbitrator...
S.S. Rana & Co. Advocates
In today's world, numerous commercial transactions take place in a routine fashion. With the passage of time we have evolved from barter system in the ancient age to a uniform mode of currency
Nishith Desai Associates
The Supreme Court of India ("Supreme Court") has upheld the ruling of the Delhi High Court in DIT v. E-Funds IT Solution1 (our Hotline on the ruling of the Delhi High Court is available here).
Vaish Associates Advocates
The Supreme Court of India in the case of Aravali Power Company Private Limited vs. M/s. Era Infra Engineering Limited (decided on September 12, 2017) held that if the appointed arbitrator is an employee of one party ...
Dhaval Vussonji & Associates
Therefore, if a winding up order is made then it is in fact likely that all debts of the debtor creditor will have to take a serious haircut to maintain even a possibility of repayment.
Singhania & Partners LLP, Solicitors and Advocates
This is a ready reference for certain important provisions common to most Institutional Arbitrations.
Singhania & Partners LLP, Solicitors and Advocates
This is a ready reference for certain important provisions of ICC International Court of Arbitration opted by parties.
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Corrs Chambers Westgarth
The case sets out guiding principles for insolvency practitioners to distribute trust assets, but uncertainty remains.
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.
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 :
Corrs Chambers Westgarth
The case provides useful guidance as to relevant principles that will apply in a "material change in circumstances" case.
Norton Rose Fulbright Australia
A recent NSWLEC decision has clarified the process to be followed for formally amending a development application (DA).
DibbsBarker
AFCA will replace FOS, CIO and SCT, the three dispute resolution services currently in the banking and finance sector.
Baker & McKenzie
In the last week, there have been three reported matters which demonstrate the material consequences that Australian companies and individuals may face as a result of involvement in corrupt conduct.
Norton Rose Fulbright Australia
The case confirmed that in the end, the natural and ordinary meaning of a word is still the key to policy interpretation.
Gilchrist Connell
A tenant could bear some responsibility if they did not act as a reasonable tenant to avoid the risk of personal injury.
Carroll & O'Dea
The appeal addressed how the trial judge could properly choose between competing expert opinions on mental harm.
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