Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Jones Day
Australia's largest class action, in which about 43,000 customers of ANZ sought to recover more than $50 million for alleged "excessive" bank fees, has ended with a High Court decision in favour of the bank.
Shardul Amarchand Mangaldas & Co
The last decade has seen a concerted effort by the Indian legislature, the executive and the judiciary to promote alternative dispute resolution in India.
Vaish Associates Advocates
Adding one more kind of dispute to the list of non-arbitrable disputes, the Supreme Court of India has held that any dispute pertaining to affairs of a trust cannot be decided by an arbitrator under the Arbitration and Conciliation Act, 1996.
Trilegal
With Indian Courts adopting a conflicting position on whether two Indian parties can agree to a foreign seat or foreign governing law in an arbitration, the question still remains unanswered...
LexCounsel Law Offices
The question of arbitrability of disputes is often raised by parties in arbitration proceedings and the arbitrators have always faced difficulty in settling this question.
Khaitan & Co
Indian Courts are increasingly recognising and implementing the ‘minimum interference' doctrine in context of international arbitrations.
Nishith Desai Associates
Strict application of time-lines stipulated under The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015
Khaitan & Co
In the recent years, particularly 2014 and 2015, the High Courts of different States in India were faced with the submission or issue: ‘Whether two Indian parties to a dispute can choose a foreign seat'.
Duane Morris LLP
The courts in India will now need to legislate whether or not paying out such amounts will amount to a breach of the fundamental policy of Indian law.
Nishith Desai Associates
Investment treaty arbitration has become a popular method for enforcing investor rights against a government which has denigrated foreign investment to the extent protected under the relevant treaties.
Nishith Desai Associates
The Supreme Court of India, in Vimal Shah & Ors. vs Jayesh Shah & Ors., recently held that disputes arising between beneficiaries or trustees of a Trust cannot be referred to arbitration.
Nishith Desai Associates
The Supreme Court in the case of Etizen Bulk A/S v Ashapura Minechem Ltd. has stated that the mere choosing of a juridical seat of arbitration would automatically attract the law applicable to such a location.
Tuli & Co
A Single Judge bench of the Bombay High Court, in a recent judgment in Montana Developers Private Limited v Aditya Developers and Ors.
Tuli & Co
In its judgment of Booze Allen & Hamilton Inc. v SBI Home Finance Ltd. and Ors [ ] the Supreme Court of India had listed six categories of disputes which are non – arbitrable, these included (i) disputes which give rise to or arise out of criminal offences, ..
Singh & Associates
Per incuriam, literally translated as "through lack of care", refers to a judgment of a court which has been decided without reference to a statutory provision or earlier judgment which would have been relevant.
Signum Law Firm
On 31 October 2015, the President of the Republic of Kazakhstan (hereinafter – the "RK") signed the new Civil Procedure Code (hereinafter – the "CPC"), which came into force on 1 January 2016.
Michael Wilson & Partners
MWP believes that the Central Asian and Caucasus legal markets are ripe for the expansion of its disputes practice.
GRATA Law Firm
Kazakhstan gained its independence in 1991 from the USSR. Kazakhstan's judicial system is young, relatively underfinanced, and thus not sufficiently strong or independent.
GRATA Law Firm
The Federal Law dated 29 December 2015 No. 382-FZ 'On Arbitration in the Russian Federation' (hereinafter - the 'Arbitration Law'), became a new step in the development of legislation governing the...
BMF Partners Law Firm LLP
One of the main objectives of a biy elected by an aul was reconciliation of conflicting parties.
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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.
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.
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
In its judgment of Booze Allen & Hamilton Inc. v SBI Home Finance Ltd. and Ors [ ] the Supreme Court of India had listed six categories of disputes which are non – arbitrable, these included (i) disputes which give rise to or arise out of criminal offences, ..
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.
Cooper Grace Ward
Although injuries were found to be sustained in the course of employment, the employee was not entitled to compensation.
HBA Legal
A plaintiff's evidence about an event will almost always be accepted over others because they would best remember it.
Stacks Law Firm
Travellers who book accommodation online and are injured overseas may have a right to compensation from various sources.
Sparke Helmore Lawyers
Head contractors cannot reasonably be expected to continuously supervise or intervene in all activities at a work site.
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