Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Kott Gunning
A party who commences an action within the limitation period may still have their claim dismissed as an abuse of process.
Clayton Utz
It is important at an early stage to understand the duty of disclosure and the sources of potentially relevant documents.
Colin Biggers & Paisley
This decision should be of particular interest to those involved in the use of helicopters in the agricultural industry.
Colin Biggers & Paisley
The Act limits the right to claim disputed variations where the contract provides for a "method of resolving disputes".
Harris Moure, PLLC
Because litigating and arbitrating against Chinese companies is rife with so many issues specific to China and to Chinese companies, I am going to make this the first post in an indefinite series on China Litigation and Arbitration.
Harris Moure, PLLC
If I were to list out the most common litigation-inducing problems our China lawyers have seen in the last few years, that list would consist of the following...
Harris Moure, PLLC
What can go wrong for China consultants that can lead to their incurring liability? And what can you as a China Consultant do to prevent or ameliorate such a problem?
HaoLiWen
The Interpretation on the Application of the Civil Procedure Law of PRC (the "Interpretation") was issued by the Supreme People's Court on January 30, 2015 and came into effect on February 4, 2015.
Dechert
The recent clarification of the CIETAC, SHIAC and SCIA jurisdictions can potentially clear the haze, while parties need to be specific in their arbitration clauses and be wary of how continuing tensions can affect disputes.
Zhong Lun Law Firm
In the recent years, conciliation has become an increasingly popular means of resolving international commercial disputes and attracted worldwide attention and discussions from the international community...
Clyde & Co
On 19 November 2015, the Hong Kong International Arbitration Centre (HKIAC) announced the opening of a representative office in Shanghai at an opening ceremony held at the Shanghai Aurora Museum.
Pinsent Masons LLP
The use of arbitration is growing in China, both in terms of the number of cases and the value of the claims involved.
Sheppard Mullin Richter & Hampton
On May 13, 2015, the highest judicial institution in China, the Supreme People's Court, issued the Detailed Rules of Implementation of the Provisions of the Supreme People's Court on Case Guidance Work...
Mayer Brown JSM
What is clear is that it will be difficult to establish such circumstances.
Clyde & Co
Third party funding has become increasingly common in numerous common law jurisdictions over the last decade.
PSA Legal Counsellors
An arbitration clause is a sine qua non for companies while executing commercial contracts.
Khaitan & Co
The Arbitration and Conciliation (Amendment) Act, 2015 (Amendment Act) was notified in the Official Gazette on 1 January 2016.
WilmerHale
The goal of the Amending Act is to improve the efficiency and reliability of arbitration as a private dispute-resolution mechanism in India.
Singh & Associates
Litigation in India has come to be a time-consuming and expensive affair, and justice usually arrives late or even eludes as justice delayed is justice denied.
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.
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Khaitan & Co
Historically, the Hindu Succession Act, 1956 (HSA), did not confer any rights on a daughter to the ancestral property of her father.
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.
DSK Legal
The President of India promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2015 on October 23, 2015 amending the Arbitration and Conciliation Act, 1996.
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.
Tuli & Co
The Union Cabinet on 21 October 2015 has approved the Arbitration and Conciliation (Amendment) Ordinance 2015 ('the Ordinance') which was promulgated on 23 October 2015 after having received Presidential assent.
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.
Khaitan & Co
The Payment of Bonus (Amendment) Act, 2015 (Amendment Act) was introduced on 1 January 2016 bringing reforms in the scope and calculation methodology and making Payment of Bonus Act, 1965...
Colin Biggers & Paisley
The Act limits the right to claim disputed variations where the contract provides for a "method of resolving disputes".
Corrs Chambers Westgarth
This was the first time in WA where an application for leave to enforce an adjudication determination was unsuccessful.
Khaitan & Co
On 23 October 2015, the President of India has promulgated The Arbitration and Conciliation (Amendment) Ordinance, 2015 (Ordinance) which provides for the amendments to the Arbitration and Conciliation Act, 1996 (Act).
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