Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Jones Day
During 2014, Australian class action suits in numerous areas—including shareholder matters, financial products and advice, cartel, product liability, and environment and government—were initiated, pursued and sometimes settled.
Marque Lawyers
A publication is defamatory if it causes people to think less of you or it is defamatory if it exposes you to ridicule.
Clyde & Co
The China International Economic and Trade Arbitration Commission recently revised its 2012 Arbitration Rules and will implement its new 2015 Arbitration Rules with effect from 1 January 2015.
Sheppard Mullin Richter & Hampton
The China International Economic & Trade Arbitration Commission (CIETAC) approved a new set of arbitration rules effective on January 1, 2015.
Clyde & Co
The EU ADR Directive and Online Dispute Resolution Regulation were formally published in the EU’s Official Journal on 18 June 2014.
Clyde & Co
The Brussels Regulation concerning European jurisdiction will be amended with effect from 10 January 2015.
Jones Day
The 2015 Rules also attempt to address the confusion that has surrounded the "split" with CIETAC's former Shanghai and Shenzhen sub-commissions.
Seth Dua & Associates
The main issue which arose for consideration in the present appeal before the Bombay High Court ("BHC") was whether an ad-interim order passed by a court under Section 9 of the Arbitration and Conciliation Act, 1996 ("Act") would be appealable under Section 37 of the Act.
Singh & Associates
The issue in question is whether delay in execution of death sentence can be a sufficient ground or reason for substituting such sentence by life imprisonment?
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.
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.
Economic Laws Practice
The Arbitrator's power to grant post-award interest on the total sum of principal plus interest awarded has had a chequered history in courts, dating back to decisions under Arbitration Act, 1940 ("1940 Act").
Economic Laws Practice
Justice Burroughs once described ‘public policy’ as an unruly horse; when once you get astride it you never know where it will carry you.
Economic Laws Practice
The judicial developments in arbitration in India in 2014 have been both encouraging and curious at the same time.
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.
Nishith Desai Associates
The Supreme Court held that the provisions of the Sick Industrial Companies Act, 1985 shall prevail over the provision for the recovery of debts in the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
Nishith Desai Associates
The High Court of Delhi granted an anti-arbitration injunction, wherein the Defendants were restrained from pursuing arbitral proceedings under the London Court of International Arbitration Rules ("LCIA").
Mansukhlal Hiralal & Company
This case was an appeal before the division bench of BHC from an order passed by the single judge of the BHC in arbitration petition...
Nishith Desai Associates
If there is a valid arbitration agreement between the parties there is no escape from arbitration.
Nishith Desai Associates
In its recent judgment of M/s Hyder Consulting (UK) Ltd v. Governor State Of Orissa through Chief Engineer, the Supreme Court has considered the much debated question of whether post-award interest can be awarded by an arbitral tribunal on pendite lite interest under Section 31(7) of the Arbitration and Conciliation Act, 1996 (" Act"). The majority decision has held in the affirmative.
Most Popular Recent Articles
Nishith Desai Associates
In cases of dishonour of cheque, only those courts within whose territorial limits the drawee bank is situated would have the jurisdiction to try the case.
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.
Singh & Associates
Under India Legal System, the law relating to injunction has been provided in the Specific Relief Act, 1963.
Nishith Desai Associates
Supreme Court considers the meaning of "Court" under Section 2 (1) (e) of the Arbitration and Conciliation Act, 1996.
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.
CBP Lawyers
The court's dismissal of the appeal showed that plaintiffs must be able to prove causation when suing for negligence.
Singh & Associates
The Constitution of India is the supreme law of the land.
Singh & Associates
Arbitration is a medium which provides an effective and expeditious dispute resolution framework unlike the Court proceedings which takes number of years in resolving disputes between the parties.
Nishith Desai Associates
The Supreme Court in Enercon v Enercon has rendered a landmark decision affirming the pro-arbitration outlook Indian courts have developed in the past few years.
Singh & Associates
The doctrine of Estoppels, precludes a person from denying or to negate anything to the contrary of that which has been constituted as truth, either by his own actions, by his deeds or by his representations or by the acts of judicial or legislative officers.
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