Mondaq Asia Pacific: Litigation, Mediation & Arbitration
HopgoodGanim
The court found that Woolworths did not owe a duty of care to users of the common area adjacent to their premises.
Stacks/The Law Firm
While waivers offer a large degree of protection to an organisation, each case is considered on its individual merits.
DibbsBarker
This article takes a look at the decision in The Commonwealth Bank of Australia trading as Bankwest v Ross & Ors [2014].
Sparke Helmore Lawyers
The High Court's previous insistence on unambiguous language in statutes to curtail fundamental rights may be waning.
King & Wood Mallesons
The article examines the potential flexibility and convenience for arbitrating parties, such as multinational companies.
Tanner De Witt
Nanjing Iron & Steel Group International Trade Co Ltd (HCAJ 177 of 2006)
Tanner De Witt
The revised rules, finalised after a revision process and consultation period lasting over a year, are effective from 1 November 2013.
Oldham, Li & Nie
"Class Action" is a term most people associate with the United States. It is a US phenomenon, and the birthplace of this kind of "representative" proceedings.
Tanner De Witt
X stole the money of Y, deposited the crime proceeds into Bank A and further transferred it to other banks.
Tanner De Witt
The judgment in the case of Lau Tat Wai v Yip Lai Kuen, Joey appears to be a watershed in the development of a general law of harassment.
Nishith Desai Associates
The Delhi High Court in Progetto Grano S.P.A. v. Shri Lal Mahal Limited has resolved two long standing issues with respect to enforcement of arbitral awards.
Nishith Desai Associates
The Bombay High Court has held that ad interim orders passed by the courts under Order 39 Rule 1 of the Code of Civil Procedure are appealable under Section 37 of the Act.
Singh & Associates
Hon'ble Apex Court has recently awarded a historic verdict having a major impact on medical negligence and standard of medical care in India.
Singh & Associates
One more question which arose before the Hon’ble High Court of Kerala was whether a block assessment can be completed without issuing a notice.
Makarim & Taira S.
As an electronically based management case system now exists, these cases should be examined and ruled on quickly.
GRATA Law Firm
Specialised district courts focus on specific categories of cases, such as administrative, commercial, criminal and juvenile.
Chapman Tripp
Analysis of a recent decision from the Supreme Court of Canada on a confidentiality clause in a mediation agreement.
Chapman Tripp
The main lesson from the case was that parties must draft and agree to a valid arbitration agreement from the outset,.
Hesketh Henry
Kim Dotcom's political party aspirations must have taken a hit when the court delivered this judgment against Dotcom.
Rockwell Olivier
Papua New Guinea (PNG) has enacted specific legislation which deals with time limits on when a party may make a claim.
Most Popular Recent Articles
Sparke Helmore Lawyers
There are nuances that plaintiffs must bear in mind when pleading their case to avoid losing an entitlement to damages.
Singh & Associates
Under India Legal System, the law relating to injunction has been provided in the Specific Relief Act, 1963.
DibbsBarker
This article takes a look at the decision in The Commonwealth Bank of Australia trading as Bankwest v Ross & Ors [2014].
Nishith Desai Associates
The Supreme Court in Enercon v Enercon has rendered a landmark decision affirming the pro-arbitration outlook Indian courts have developed in the past few years.
Nishith Desai Associates
Supreme Court considers the meaning of "Court" under Section 2 (1) (e) of the Arbitration and Conciliation Act, 1996.
Singh & Associates
The Constitution of India is the supreme law of the land.
Singh & Associates
Arbitration is a medium which provides an effective and expeditious dispute resolution framework unlike the Court proceedings which takes number of years in resolving disputes between the parties.
Singh & Associates
Freedom of Press is not specifically mentioned in Part III of Indian Constitution, however the Hon'ble Supreme Court in a number of judgments has recognized that freedom of speech and expression also includes freedom of press.
Singh & Associates
‘Multiplicity of Proceedings of Patent cases’ happens in the form of simultaneous ‘revocation petitions’, ‘infringement suits’ and ‘Counter claims’ in different fora. The Supreme Court Bench comprising of Justice A.K. Patnaik and Justice Jagdish Singh Khekhar on June 2, 2014 in a landmark decision offered simplified course of action to be adopted in Enercon India versus Dr. Alloy Wobben patent dispute.
CBP Lawyers
Subcontractor negligence was covered by the contractor's liability insurance policy through contract arrangements.
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