Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Sparke Helmore Lawyers
The Court of Appeal rejected a worker's argument that her employer was prevented from re-arguing the issue of causation.
Colin Biggers & Paisley
For pre-litigation or preliminary discovery in Queensland, litigants may seek interrogatories and Norwich Pharmacal orders.
Colin Biggers & Paisley
The NSW government passed legislation removing time limitations on claims for child sexual and serious physical abuse.
Corrs Chambers Westgarth
This decision is likely to give greater confidence to shareholders and their lawyers in pursuing claims against companies.
AnJie Law Firm
In a voyage charter dispute between Jiarui Shipping Co., Ltd. and Sichuan Beifang Qinyuan Biological Engineering Co., Ltd., shanghai branch of China Maritime Arbitration Commissionrendered an award in favor of Jiarui.
AnJie Law Firm
On 14 March 2016, Hong Kong Court of First Instance (CFI) dismissed an application to set aside an order granting leave to enforce an arbitral award made in Malaysia. (T v C [2016] HCCT 23/2015).
AnJie Law Firm
On 12 February 2016, Bureau of the ICC Court unanimously adopted the Guidance Note for the Disclosure of Conflicts by Arbitrators ("the Note").
Clyde & Co
On the 3rd and 4th of March 2016, China hosted for the first time the International Bar Association Conference in Shanghai. The conference comprised a series of seminars and discussion panels on international arbitration and litigation with a focus on Chinese law and the Chinese legal system.
Mayer Brown JSM
On 30 July 2008, one batch of machinery equipment belonging to Retech was found on display in Shanghai by Jwell Ltd.
WilmerHale
An article by Sabrina Lee, published by the Kluwer Arbitration Blog, examines two cases in the Beijing and Shanghai intermediate courts that suggest the tide may be turning.
Dentons Worldwide
Partner Keith Brandt and senior managing associate Michael Kan in Dentons' Hong Kong office, have authored the China chapter for the sixth edition of the International Arbitration Review...
IndusLaw
After much clamour, the Arbitration and Conciliation Act, 1996 ("Arbitration Act") finally stands amended.
Singhania & Partners LLP, Solicitors and Advocates
In recent times there has been a rapid increase in commerce and industry which has led to parties resorting to arbitration to avoid delayed and protracted litigation.
IndusLaw
The efficiency of the legal system and the pace at which disputes are resolved by courts are very important factors in deciding the growth of investment and the overall economic and social development of a country.
Singhania & Partners LLP, Solicitors and Advocates
The recent amendments (Amendment Act 2015) brought to the Arbitration and Conciliation Act 1996 (1996 Act) have brought about significant changes to the arbitration law in India.
Singhania & Partners LLP, Solicitors and Advocates
The arbitration law in India permits the passing of an interim award by the Arbitral Tribunal vide section 31(6) of the Arbitration and Conciliation Act, 1996 on any matter with respect to which it may make a final award.
Khaitan & Co
The Bombay High Court, by its order dated 23 March 2016, reversed the sale, by public auction, of the Park Hyatt (Goa) Hotel by IFCI Limited to ITC Limited.
Khaitan & Co
A three judge bench of the Hon'ble Bombay High Court has held that orders in case of a scheme of arrangement under Section 391 to 394 of the Companies Act, 1956 involving different High Courts in multiple states, are separate instruments in themselves.
Nishith Desai Associates
The Company Law Board, New Delhi Bench dismissed the petition for oppression and mismanagement under Section 397 & 398 of the Companies Act, 1956.
Clyde & Co
Prior to the amendment of the Indian Arbitration and Conciliation Act 1996 ("the Act"), India's journey towards becoming an international commercial hub that could rival Singapore and London was hampered...
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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.
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.
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...
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.
Khaitan & Co
The Arbitration and Conciliation (Amendment) Act, 2015 (Amendment Act) was notified in the Official Gazette on 1 January 2016.
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.
Singh & Associates
The Hon'ble Supreme Court of India has rightly decided the question relating to the need of sanction Under Section 197 of the Code of Criminal Procedure...
Singh & Associates
It is well settled that frustration automatically brings the contract to an end at the time of the frustrating event.
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