Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Holding Redlich
This column looks at the pattern of courts construing contractual obligations strictly, holding parties to their words.
De Brauw Blackstone Westbroek N.V.
In 2012, the internal struggle within China's arbitration institute, CIETAC, resulted in a split-off by the Shanghai sub-commission and the South China sub-commission in Shenzhen.
Dentons Worldwide
On 4 November 2014, CIETAC issued its revised arbitration rules to replace the previous version of the rules issued on 3 February 2012 (the 2012 Rules) in its continued quest to strive for international best practice.
Clyde & Co
China as an emerging economic superpower is an active player in the field of arbitration. The enforcement of arbitral awards in China has become an important topic not only in the legal community but also for those looking to do business with Chinese companies.
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)...
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).
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.
The question of whether or not Indian parties can choose foreign law to resolve disputes through arbitration has been much debated.
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.
Nishith Desai Associates
The review petition has therefore been admitted on grounds of semantics.
Solomon & Co.
The Arbitration and Conciliation (Amendment) Bill, 2015 is one of the bills listed for introduction during the current Parliamentary Budget Session between 23 February and 8 May 2015.
Nishith Desai Associates
•Coercive orders cannot be passed in execution of a foreign arbitral award against a party which has preferred proceedings before the Board for Industrial and Financial Reconstruction ("BIFR").
Seth Dua & Associates
In the present case, Ashapura Mine-Chem Ltd. ("Appellant") and the Gujarat Mineral Development Corporation ("Respondent") entered into a Memorandum of Understanding ("MoU") to constitute a joint venture along with Chinese Company namely; "M/s. Qing TongXia Aluminium Group Company Ltd., Ningxia of China for the purpose of setting up an alumina plant in the Kutch District of Gujarat.
Nishith Desai Associates
Latest Amendments Approved By The Union Cabinet To The Arbitration Act.
Nishith Desai Associates
India has been moving towards revamping its arbitration regime since the last two decades and it is no secret that she desires to be the next hub for international commercial arbitration.
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.
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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.
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.
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.
Singh & Associates
Social media and networking websites have occupied an insurmountable space in our lives.
Singh & Associates
The process of arbitration was devised as an alternative means of dispute resolution to the tedious process of litigation across the world.
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.
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.
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.
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