Mondaq Asia Pacific: Litigation, Mediation & Arbitration
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...
The High Court has recently dismissed an application for special leave to appeal the Western Australian Court of Appeal's decision in Mercanti v Mercanti [2016] WASCA 206...
Clyde & Co
Justice Beach determined that in circumstances where the competing proceedings presented many similar...
Corrs Chambers Westgarth
The case is a warning to applicants for leave to issue examination summons that they must make full and frank disclosure.
Holman Fenwick Willan LLP
In the recent case of TNB Fuel Services Sdn Bhd v China National Coal Group Corporation, the Hong Kong Court of First Instance has rejected an attempt by a PRC state-owned enterprise...
K&L Gates
On 14 June 2017, the Legislative Council of Hong Kong passed the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016.
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.
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...
A settlement between the disputing parties is a much needed resort in the modern day commercial world. A settlement ensures that the disputes between the parties end in amicable terms leaving each party satisfied.
Shardul Amarchand Mangaldas & Co
A Single Judge of the Madras High Court recently, in K. Raghupathy v The Commissioner of Police [Crl.O.P. SR.No. 28352 of 2017] on 10.07.17, held that a petition under Section 482 of the Criminal Procedure Code...
Nishith Desai Associates
India has long been regarded as an unappealing centre for arbitration – be it as the seat of arbitration or as the place of final enforcement of the arbitral award.
Nishith Desai Associates
The Commercial Court in London ruled back in 2009 that London was the seat of arbitration and the courts in London had supervisory jurisdiction in relation to the proceedings in question (2009 ruling).
Nishith Desai Associates
Union of India v Vodafone Group PLC United Kingdom and Anor, I.A.9460/2017 in CS(OS) No. 383/2017; order dated August 22, 2017 (not reported by Lexis®Nexis UK)...
Clyde & Co
The question before the Hon'ble Supreme Court of India ("Apex Court") in Criminal Appeal No. 1265/2017 (Rajesh Sharma & Ors. vs State of UP) was whether any directions are called for to prevent the misuse...
Khaitan & Co
On 31 August 2017, the Supreme Court put to rest the controversy surrounding the course to be adopted in case of circumstances giving rise to justifiable doubts as to the independence or impartiality of an arbitrator.
Mansukhlal Hiralal & Company
The permissibility of agreements containing a two-tier arbitration clause had been under doubt for quite some time.
Singh & Associates
Relevant provisions of Arbitration and Conciliation Act, 1996 Act (hereinafter referred to as "the Act") in this context have been reproduced as follows...
Advaya Legal
In the recent case of IMAX Corporation vs. E-City Entertainment (I) Pvt. Ltd., the Supreme Court of India has emphasized that Indian courts cannot exercise jurisdiction over foreign seated international commercial arbitrations.
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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.
Solomon & Co.
The Information Technology Act, 2000 (ITA-2000) is the primary legislation in India which deals with cybercrime and electronic commerce.
Norton Rose Fulbright Australia
The stated objective of AFCA is to provide a 'one stop shop' for external dispute resolution for all financial disputes.
K&L Gates
A recent decision of the Court of Appeal has potentially far reaching implications for industrial and commercial leasing practice in Victoria.
HBA Legal
Subjective evidence provided after the fact must not be dismissed, if important to determine a critical fact in issue.
Kott Gunning
Smartphones have made it easier to record life, with photographs, videos and audio recordings captured for evidence.
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 :
Gilchrist Connell
If a reasonable system of inspection is in place, the Courts are more likely to find in favour of owners and occupiers.
Norton Rose Fulbright Australia
A litigation funding agreement may not protect an insolvent or impecunious plaintiff from a security for costs order.
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