Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Jones Day
The shareholder class action against Leighton Holdings Ltd ("Leighton") was subject to a mediation within five months of commencement, and a settlement was reached within seven months of commencement. The settlement provided for Leighton to pay A$69.45 million, including A$3.9 million for the applicant's legal costs.
Swaab Attorneys
Courts in Australia need to see a clear connection between the person to be served and the social media account.
Rockwell Olivier
The Court found a breach of natural justice in one respect of the award, so severed that part and enforced the balance.
HopgoodGanim
What happens when a corporate entity makes a claim for loss of services of an injured person integral to its operations?
KordaMentha
The case highlights that an expert's overriding duty is to the Court and not to be an advocate for its instructing party.
King & Wood Mallesons
The Shanghai International Arbitration Center has issued the China (Shanghai) Pilot Free Trade Zone Arbitration Rules.
De Brauw Blackstone Westbroek N.V.
Disputes cannot always be prevented. Contracts must therefore provide for an effective means of dispute resolution.
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.
Vaish Associates Advocates
India has well defined substantive and procedural laws along with a well-established system of judicial enforcement of rights.
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.
Nishith Desai Associates
In contracts involving a state related entity and a private party, the arbitrators are usually officials of the entity.
Nishith Desai Associates
The recent judgments of the apex court of the land clearly highlighted the recognition of the policy of least judicial intervention in arbitrations.
Singh & Associates
Social media and networking websites have occupied an insurmountable space in our lives.
Nishith Desai Associates
The Supreme Court of United Kingdom has opined on whether a bribe or secret commission received by an agent is held by that agent on trust for his principal.
Nishith Desai Associates
The Supreme Court has analysed the scope and applicability of Section 2(1) (e) and Section 42 of the Arbitration and Conciliation Act, 1996.
Nishith Desai Associates
In the instant case, assignment agreement has been entered into to effectuate maintenance agreement and not to substitute the same.
Vaish Associates Advocates
The universally acceptable legal position is that once there is an arbitration clause in an agreement, the same shall be referred to arbitration.
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)".
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
Recently, the Supreme Court passed an ad-interim order in Unique Identification Auth. of India and anr. v. Central Bureau of Investigation.
Singh & Associates
The Constitution of India is the supreme law of the land.
Nishith Desai Associates
Supreme Court considers the meaning of "Court" under Section 2 (1) (e) of the Arbitration and Conciliation Act, 1996.
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.
Rockwell Olivier
The phrase "consequential loss" is very commonly used in exclusion and limitation of liability clauses.
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.
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