Mondaq Asia Pacific: Litigation, Mediation & Arbitration
HBA Legal
A plaintiff's evidence about an event will almost always be accepted over others because they would best remember it.
Nishith Desai Associates
The Supreme Court of India, in Vimal Shah & Ors. vs Jayesh Shah & Ors., recently held that disputes arising between beneficiaries or trustees of a Trust cannot be referred to arbitration.
Nishith Desai Associates
The Supreme Court in the case of Etizen Bulk A/S v Ashapura Minechem Ltd. has stated that the mere choosing of a juridical seat of arbitration would automatically attract the law applicable to such a location.
Tuli & Co
A Single Judge bench of the Bombay High Court, in a recent judgment in Montana Developers Private Limited v Aditya Developers and Ors.
Tuli & Co
In its judgment of Booze Allen & Hamilton Inc. v SBI Home Finance Ltd. and Ors [ ] the Supreme Court of India had listed six categories of disputes which are non – arbitrable, these included (i) disputes which give rise to or arise out of criminal offences, ..
Singh & Associates
Per incuriam, literally translated as "through lack of care", refers to a judgment of a court which has been decided without reference to a statutory provision or earlier judgment which would have been relevant.
Nishith Desai Associates
Upholds the sanctity of the arbitration agreement
Khaitan & Co
The Indian judicial system today is burdened with lakhs of pending cases, most of which are pending since long periods of time.
Singhania & Partners LLP, Solicitors and Advocates
Under the Arbitration and Conciliation (Amendment) Act, 2015. There are two avenues available for the enforcement of foreign awards in India, viz., the New York Convention and the Geneva Convention, as the case may be.
Nishith Desai Associates
Court cannot go behind an order of an arbitral tribunal under Section 27 of the Arbitration & Conciliation, Act, 1996.
Singhania & Partners LLP, Solicitors and Advocates
A significant change that has been brought about in Section 11 of the Arbitration & Conciliation Act, 1996, is the insertion of the words "High Court" and "Supreme Court " instead of "Chief Justice" and "Chief Justice of India".
S.S. Rana & Co. Advocates
On July 5, 2016, The Union Cabinet approved a change in the names of the Madras, Bombay and Calcutta High Courts to reflect the alterations in the official nomenclature of these cities to Chennai, Mumbai and Kolkata, respectively.
GRATA Law Firm
Kazakhstan gained its independence in 1991 from the USSR. Kazakhstan's judicial system is young, relatively underfinanced, and thus not sufficiently strong or independent.
GRATA Law Firm
The Federal Law dated 29 December 2015 No. 382-FZ 'On Arbitration in the Russian Federation' (hereinafter - the 'Arbitration Law'), became a new step in the development of legislation governing the...
BMF Partners Law Firm LLP
One of the main objectives of a biy elected by an aul was reconciliation of conflicting parties.
AB Legal LLP
The main purpose of the new law is to promote pre-trial settlement of disputes procedures and raising the status of arbitration pleadings and approximation of the legislation to the international practice.
Chapman Tripp
The case is a timely reminder of the importance of properly locating and disclosing all relevant documents in litigation.
Dentons
Dentons Rodyk acted for Mdm Harianty Wibawa, the settlor of an offshore discretionary trust which has a value exceeding US$45 million.
Clyde & Co
The High Court of Singapore has, in the recent decision of JVL Agro Industries Ltd v Agritrade International Pte Ltd [2016] SGHC 126, set aside an SIAC arbitral award on the basis that there had been...
Morrison & Foerster LLP
The sixth edition of the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC") comes into force today, August 1, 2016.
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Alpha Partners
This paper attempts to delineate various aspects of Section 138 of the Negotiable Instruments Act. Section 138 is the principal section dealing with dishonor of cheques.
Khaitan & Co
Historically, the Hindu Succession Act, 1956 (HSA), did not confer any rights on a daughter to the ancestral property of her father.
Singhania & Partners LLP, Solicitors and Advocates
The Government of India decided to amend the Arbitration and Conciliation Act, 1996 by introducing the Arbitration and Conciliation (Amendment) Bill, 2015 in the Parliament.
Clyde & Co
The plaintiff, Mr Berryman, was a self-employed carpenter who suffered an injury at work on 7 July 2009 when a large rock crushed his foot.
Tuli & Co
The Arbitration and Conciliation (Amendment) Act, 2015 ('Amendment Act') was passed by both houses of parliament in the winter session, pursuant to which it has received Presidential assent on 31 December 2015.
Chofn Intellectual Property
The SPC has recently published a new judicial interpretation with regards to the applicability of relevant laws when patent infringement cases are handled, which took effect from April 1, 2016.
DSK Legal
Hon'ble Supreme Court in its judgment dated August 1, 2014 in the case of Dashrath Rupsingh Rathod vs. State of Maharashtra and another inter alia held that the territorial jurisdiction for dishonor of cheques is restricted to the Court within whose local jurisdiction the offense was committed.
HSA Advocates
GSK had planned to challenge these generic versions of paroxetine as the generic drugs would have infringed GSK's patents.
Corrs Chambers Westgarth
This article explores practical issues associated with the use of 'without prejudice' communications.
Hassans
On the 15 June 2016, Nigel Feetham, partner of Hassans, published an article on a judgment concerning PCC cells recently handed down by the Courts of Guernsey.
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