Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Holman Webb
This case reviewed the individual circumstances of each of the claimants' allegations and the liability of Wealthsure.
Corrs Chambers Westgarth
The Victorian Supreme Court confirms that an application to set aside a statutory demand can be served electronically.
Corrs Chambers Westgarth
In the chapter, the authors consider new developments in the Australian international commercial arbitration landscape.
Clayton Utz
Although they did not succeed in Allco, litigation funders will continue to seek common fund orders, and could succeed.
Corrs Chambers Westgarth
A recent case in Queensland (IPN Medical) has provided clear guidance for penalties and liquidated damages clauses.
Clayton Utz
There's more to protecting legal advice than just slapping a label on it ‒ and it may not be legal advice to begin with.
Morrison & Foerster LLP
In a welcome development, the PRC Supreme People's Court (the "SPC") issued on July 15, 2015 an interpretation addressing various jurisdictional issues arising from the decision in mid-2012 of the former CIETAC Shanghai and South China Sub-Commissions to become independent arbitral commissions.
Troutman Sanders LLP
A large part of the daily work of the courts in developed liberal democracies is to interpret and apply legislation.
King & Wood Mallesons
Hong Kong is attractive for commercial parties choosing international arbitration as a means to resolve their disputes.
Clyde & Co
In late 2012, South China Sub-Commission broke away from CIETAC Beijing and changed its name to Shenzhen Centre of International Arbitration (SCIA)...
King & Wood Mallesons
The launch of the SICC has cemented Singapore as a prime destination for resolving international commercial disputes.
Mayer Brown JSM
On 29 June 2015, the Court of Appeal handed down judgment in the case of Citic Pacific v. Secretary for Justice and rejected the narrow definition of "client" found in the leading English Court of Appeal case on legal advice privilege, Three Rivers (No.5).
Ropes & Gray LLP
On June 29, 2015, the Court of Appeal of the HKSAR handed down an important judgment relating to legal advice privilege.
Khaitan & Co
It is well settled law that two Indian parties cannot exclude the applicability of mandatory Indian substantive law as the same would be opposed to Indian public policy.
Khaitan & Co
Bombay High Court has no jurisdiction to resolve the issue. Though both parties are Indian, parties by agreement can agree to the seat of arbitration at Singapore and apply English law as the governing law.
Khaitan & Co
Arbitration in India has been one of the rather uncertain fields of jurisprudence.
PSA Legal Counsellors
The growth of international arbitration has helped in reducing the transaction costs of business through quick resolution of disputes.
With an increase in cross border transactions and open economic policies acting as a catalyst, commercial disputes have been steadily rising.
Singh & Associates
The Hon'ble Supreme Court of India has rightly decided the question relating to the need of sanction Under Section 197 of the Code of Criminal Procedure...
Nishith Desai Associates
The principles of Res Judicata are not applicable in cases where the reliefs sought are different in nature based on statutory rights and could not have been granted by an earlier court.
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Singh & Associates
The Hon’ble Supreme Court held that "Where partners lived together for a long spell as husband and wife, a presumption would arise in favour of a valid wedlock."
Law Senate Law Firm
India has been an arbitration friendly country right from the beginning, because arbitration was in practice in this country even before the codified law came into force.
Colin Biggers & Paisley
This decision reinforces the courts' attitude towards a solicitor's failure to keep records of advice and instructions.
Singh & Associates
The process of arbitration was devised as an alternative means of dispute resolution to the tedious process of litigation across the world.
Mansukhlal Hiralal & Company
The Hon`ble Supreme Court of India has now held that all the criminal matters relating to dishonour of cheques would only be entertained by the court where the cheque was dishonoured.
Singh & Associates
The legal nodus of determining the Jurisdistion of Courts in cheque bouncing cases has finally been resolved by the Supreme Court of India.
Vaish Associates Advocates
The two member bench of the Hon’ble High Court of Punjab and Haryana in the case of CHD Developers Limited, Karnal vs. State of Haryana and others, has vide its order dated 22nd April 2015.
Khaitan & Co
Bombay High Court has no jurisdiction to resolve the issue. Though both parties are Indian, parties by agreement can agree to the seat of arbitration at Singapore and apply English law as the governing law.
Singh & Associates
Freedom of movement is a Constitutional right. A citizen is given the liberty to travel, work and reside at any place where he or she wants.
Singh & Associates
The question of jurisdiction of specialized tribunals over the disputes arising out of arbitration agreements has been in much debate and interpreted by various courts on various occasions.
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