Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Kott Gunning
The hidden value of providing written submissions to Magistrates during prosecutions was highlighted in this recent case.
Clyde & Co
The dispute concerned a sale and purchase contract entered into between two PRC entities. Both of the entities were wholly foreign owned enterprises (categorized under PRC law as "WFOEs").
Nishith Desai Associates
Upholds the sanctity of the arbitration agreement
Singhania & Partners LLP, Solicitors and Advocates
Under the Arbitration and Conciliation (Amendment) Act, 2015. There are two avenues available for the enforcement of foreign awards in India, viz., the New York Convention and the Geneva Convention, as the case may be.
Khaitan & Co
The Indian judicial system today is burdened with lakhs of pending cases, most of which are pending since long periods of time.
Nishith Desai Associates
Court cannot go behind an order of an arbitral tribunal under Section 27 of the Arbitration & Conciliation, Act, 1996.
Singhania & Partners LLP, Solicitors and Advocates
A significant change that has been brought about in Section 11 of the Arbitration & Conciliation Act, 1996, is the insertion of the words "High Court" and "Supreme Court " instead of "Chief Justice" and "Chief Justice of India".
S.S. Rana & Co. Advocates
On July 5, 2016, The Union Cabinet approved a change in the names of the Madras, Bombay and Calcutta High Courts to reflect the alterations in the official nomenclature of these cities to Chennai, Mumbai and Kolkata, respectively.
Tuli & Co
The new amended Arbitration Act 2015 (‘Amended Act') was introduced on 23 October 2015 in the form of an Ordinance.
Singhania & Partners LLP, Solicitors and Advocates
The question of applicability of the provisions of Part I of the Arbitration and Conciliation Act 1996 (hereinafter referred as 1996 Act) to the international commercial arbitrations held outside India has time and again come up...
Singhania & Partners LLP, Solicitors and Advocates
The government is taking various routes to facilitate and broaden Foreign Direct Investment inflows into India.
Tuli & Co
The Delhi High Court has recently interpreted the Supreme Court judgement in Bharat Aluminium Company v Kaiser Aluminium Technical Services Inc. (2012) 9 SCC 552 (‘BALCO') to lay down which courts would have jurisdiction for proceedings under the Arbitration and Conciliation Act, 1996 (‘Act').
The constitution of the National Company Law Tribunal and the National Company Law Appellate Tribunal is a paradigm shift with the intention of establishing a specialized forum to adjudicate all disputes/issues pertaining to companies in India.
Khaitan & Co
This article attempts to address a common issue which arises in disputes arising from breach of commercial contracts executed by and between the Principal Employer and the Contractor.
PSA Legal Counsellors
On January 28, 2016, the Supreme Court of India gave its verdict in a case, which is actually a spin-off of the landmark case of Bharat Aluminium Company ("Balco") vs. Kaiser Aluminium...
Jayadeep Hari & Jamil
The respondent ("Kalairasi") sued the appellants ("PSSB") for defamation due to a misprint on an article in a newspaper known as Malaysia Namban (Sunday edition) owned and published by PSSB.
Chapman Tripp
The case is a timely reminder of the importance of properly locating and disclosing all relevant documents in litigation.
Chapman Tripp
The UK decision confirms the NZ approach but also reflects a reluctance to uphold allegations of apparent judicial bias.
Cavell Leitch
The joint statement sets out principles that EQC is obliged to follow in dealing with over claims for earthquake damage.
Duane Morris LLP
Singapore recently introduced new proposed legislation, the Public Consultation on the Draft Civil Law (Amendment) Bill 2016 and Civil Law (Third Party Funding) Regulations 2016, which would allow third-party funding in disputes.
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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.
Khaitan & Co
Historically, the Hindu Succession Act, 1956 (HSA), did not confer any rights on a daughter to the ancestral property of her father.
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.
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.
HBA Legal
The article examines the NDIS legislation with a view to understanding what these changes mean for compensation payers.
Khaitan & Co
The Ministry of Corporate Affairs vide a notification dated 1 June 2016 has constituted the National Company Law Tribunal and its appellate authority, the National Company Law Appellate Tribunal with effect from such date.
Tuli & Co
The Ministry of Corporate Affairs on 1st June 2016 notified the constitution of National Company Law Tribunal and National Company Law Appellate Tribunal in exercise of powers conferred under §408 and §410 of the Companies Act 2013.
Cooper Grace Ward
The Queensland Parliament passed legislation enabling the partial rollout of the National Injury Insurance Scheme (NIIS).
This recent WA decision will be an important decision in matters involving negligent acts of labour hire employees.
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