Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Shepherd and Wedderburn LLP
The competition for dispute business around the world seems to be gaining momentum
Herbert Smith Freehills
In U v S [2018] HKCFI 2086, the Hong Kong Court of First Instance (Court) dealt with an application to adjourn an application to set aside an enforcement order. In granting the adjournment,
Herbert Smith Freehills
In Paloma Co. Ltd. v. Capxon Electronic Industrial Co. Ltd [[2018] HKCFI 1147], the Hong Kong Court of First Instance rejected a public policy challenge ...
Herbert Smith Freehills
In Baosteel Engineering & Technology Group Co. Ltd. v. China Zenith Chemical Group Ltd. [HCCT 7/2018], the Hong Kong Court of First Instance granted a temporary stay of enforcement of an arbitral award.
The Petitioner, IBI Consultancy India Private Limited is the Indian subsidiary of the IBI Group based in Canada.
The Appellant-Respondent used to supply goods to Union of India (the Respondent-Petitioner, the "UOI") under contracts from November from 1987 to 1991.
The Petitioner is a Consortium of M/s Larsen and Toubro, an Indian company, together with Scomi Engineering Bhd, a Company incorporated in Malaysia, that had entered into an agreement with the Respondent ...
Lakshmikumaran & Sridharan Attorneys
KCPL came in appeal before the Supreme Court.
Tuli & Co
The Supreme Court in its recent judgment in Vedanta v Shenzen Shandong Nuclear Power Construction Co has laid down guidelines to be followed by arbitrators for awarding interest in international commercial arbitrations which have a seat in India.
Clarus Law Associates
On 10.10.2018, a division bench of the Supreme Court of India in its judgment in the matter of Radha Chemicals v Union of India, has clarified and reaffirmed that "the court while deciding a Section 34 (Arbitration and Conciliation Act, 1996) petition has no jurisdiction to remand the matter to the Arbitrator for a fresh decision".
Singhania & Partners LLP, Solicitors and Advocates
In a recent judgment, the Apex Court examined whether a Clause appearing in MOU was arbitration agreement.
M Mulla Associates
A foreign award was passed in London on 12th February 2015 ordering the Appellant to pay damages and interest thereon.
Deviation can be made from arbitration agreement for appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.
In an international commercial arbitration, in the absence of an agreement between the parties on interest, the rate of interest shall be governed by the law of the Seat of arbitration.
Limitation period prescribed under Section 34(3) of the Arbitration Act is to be computed from the time the party receives the copy of the award.
Khaitan & Co
A three-judge Bench of the Hon'ble Supreme Court of India has by its judgment dated 25 September 2018 in Union of India v Hardy Exploration and Production (India) Inc, (Civil Appeal No. 4628 of 2018) ...
The Negotiable Instruments (Amendment) Act, 2018 (the "Amendment") was recently passed by parliament and came into effect from September 1, 2018.
An arbitration award was passed pursuant to arbitration Rule No.125 of the Grain and Feed Trade Association (GAFTA) directing the Appellants, who were the sellers, to pay the Respondents.
Singh & Associates
The Hon'ble Supreme Court of India, recently, while setting aside a judgment of the High Court of Judicature at Madras opined that an arbitration clause needs to be interpreted strictly and the matter shall not be referred ...
Singh & Associates
The Division Bench of the Hon'ble Supreme Court of India in the matter of M/s. Shriram EPC Limited vs. Rioglass Solar SA has uphold that the payment of stamp duty under the Indian Stamp Act, 1899 ...
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