Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Clayton Utz
The dispute resolution clause in AS2124-1992 General Conditions doesn't bar defendants from raising a counterclaim.
Clayton Utz
A failure to pay its share of the advance on costs does not mean a respondent has given up its right to arbitration.
Rockwell Olivier
In commercial transactions, only the lawyer's advice, and not that of third party advisors, may attract legal privilege.
Coleman Greig Lawyers
In a landmark decision, the court ordered a former school student to pay $105,000 to a teacher for defamatory tweets.
King & Wood Mallesons
The article discusses the use of injunctions in IP arbitration, the legal basis and its problems in China's IP trade.
King & Wood Mallesons
As litigation becomes more sophisticated, this will likely lead to more and larger "class action" -type suits in China.
King & Wood Mallesons
The article examines the potential flexibility and convenience for arbitrating parties, such as multinational companies.
Mayer Brown JSM
The District Court of Hong Kong recently convicted a solicitor and a recovery agent for champerty, sending a clear message to recovery agents and solicitors that litigation funding in return for a fee is illegal.
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.
Nishith Desai Associates
Hong Kong International Arbitration Centre has updated its model arbitration clause to include specific words "The law of this arbitration clause shall be ... (Hong Kong law)".
Nishith Desai Associates
Law Commission releases proposed amendments to the Arbitration & Conciliation Act, 1996
Nishith Desai Associates
LCIA Rules 2014 provides for appointment of Emergency Arbitrator, thus bringing LCIA in tune with other comparable institutional rules.
Nishith Desai Associates
The Delhi High Court in Progetto Grano S.P.A. v. Shri Lal Mahal Limited has resolved two long standing issues with respect to enforcement of arbitral awards.
Nishith Desai Associates
The Bombay High Court has held that ad interim orders passed by the courts under Order 39 Rule 1 of the Code of Civil Procedure are appealable under Section 37 of the Act.
GRATA Law Firm
Kazakhstan is a unitary state, and every piece of legislation adopted by relevant bodies of the state applies within its entire territory.
GRATA Law Firm
Specialised district courts focus on specific categories of cases, such as administrative, commercial, criminal and juvenile.
Chapman Tripp
Analysis of a recent decision from the Supreme Court of Canada on a confidentiality clause in a mediation agreement.
Chapman Tripp
The main lesson from the case was that parties must draft and agree to a valid arbitration agreement from the outset,.
Rockwell Olivier
Papua New Guinea (PNG) has enacted specific legislation which deals with time limits on when a party may make a claim.
Russin & Vecchi
The article describe the special problems in-house counsel face in Vietnam, particularly in an international context.
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Singh & Associates
Under India Legal System, the law relating to injunction has been provided in the Specific Relief Act, 1963.
Singh & Associates
The Constitution of India is the supreme law of the land.
Sparke Helmore Lawyers
The High Court's previous insistence on unambiguous language in statutes to curtail fundamental rights may be waning.
Nishith Desai Associates
Supreme Court considers the meaning of "Court" under Section 2 (1) (e) of the Arbitration and Conciliation Act, 1996.
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
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.
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.
Coleman Greig Lawyers
In a landmark decision, the court ordered a former school student to pay $105,000 to a teacher for defamatory tweets.
Singh & Associates
Freedom of Press is not specifically mentioned in Part III of Indian Constitution, however the Hon'ble Supreme Court in a number of judgments has recognized that freedom of speech and expression also includes freedom of press.
Swaab Attorneys
The privilege belongs to the client and can be waived or lost by the client's actions in relation to the communication.
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