Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Kott Gunning
The Supreme Court held that the SAT did not have the power to 're-characterise' the complaint or the appellant's conduct.
Corrs Chambers Westgarth
The rapid growth of the litigation funding industry has placed a spotlight on the funding of class actions in Australia.
Clayton Utz
The Court held that bringing a class action with the predominant purpose of generating legal fees is an abuse of process.
Clayton Utz
This decision highlights the risks and consequences for decision-makers who are required to remake decisions on remittal.
KordaMentha
This case illustrates the difference between an expert opinion and a subjective call best left to a judge or jury.
Clyde & Co
Shanghai Court recently ruled SHIAC has jurisdiction on disputes arising from a clause referring the disputes to "CIETAC Shanghai Sub-Commission".
Clyde & Co
The China International Economic and Trade Arbitration Commission recently revised its 2012 Arbitration Rules and will implement its new 2015 Arbitration Rules with effect from 1 January 2015.
Clyde & Co
The EU ADR Directive and Online Dispute Resolution Regulation were formally published in the EU’s Official Journal on 18 June 2014.
PSA Legal Counsellors
The perplexity over jurisdiction of courts in cheque bouncing cases has finally been resolved by the three judge bench of the apex court in Dashrath Rupsingh Rathod v State of Maharashtra & Anr.
Nishith Desai Associates
The Supreme Court in the case of M/s MSP Infrastructure Ltd v/s M.P. Road Development Corporation Ltd has, in very clear terms, elaborated on the scope of Section 16 of the Arbitration and Conciliation Act, 1996.
Nishith Desai Associates
A three judge bench of the Bombay High Court has resolved the question pertaining to the appealability from an order passed under Section 8 of the Arbitration and Conciliation Act, 1996.
Singh & Associates
Few other judgments have also come where advocates of Supreme Court of Pakistan had followed the rulings of Supreme Court of India.
Nishith Desai Associates
The primary issue before the Supreme Court was to decide the correctness of the Impugned Judgment.
Seth Dua & Associates
The main issue which arose for consideration in the present appeal before the Bombay High Court ("BHC") was whether an ad-interim order passed by a court under Section 9 of the Arbitration and Conciliation Act, 1996 ("Act") would be appealable under Section 37 of the Act.
Singh & Associates
The issue in question is whether delay in execution of death sentence can be a sufficient ground or reason for substituting such sentence by life imprisonment?
Singh & Associates
The question of jurisdiction of specialized tribunals over the disputes arising out of arbitration agreements has been in much debate and interpreted by various courts on various occasions.
Law Senate Law Firm
India has been an arbitration friendly country right from the beginning, because arbitration was in practice in this country even before the codified law came into force.
Economic Laws Practice
The Arbitrator's power to grant post-award interest on the total sum of principal plus interest awarded has had a chequered history in courts, dating back to decisions under Arbitration Act, 1940 ("1940 Act").
Economic Laws Practice
Justice Burroughs once described ‘public policy’ as an unruly horse; when once you get astride it you never know where it will carry you.
Economic Laws Practice
The judicial developments in arbitration in India in 2014 have been both encouraging and curious at the same time.
Most Popular Recent Articles
Nishith Desai Associates
In cases of dishonour of cheque, only those courts within whose territorial limits the drawee bank is situated would have the jurisdiction to try the case.
Singh & Associates
The legal nodus of determining the Jurisdistion of Courts in cheque bouncing cases has finally been resolved by the Supreme Court of India.
Law Senate Law Firm
India has been an arbitration friendly country right from the beginning, because arbitration was in practice in this country even before the codified law came into force.
Nishith Desai Associates
Supreme Court considers the meaning of "Court" under Section 2 (1) (e) of the Arbitration and Conciliation Act, 1996.
Jones Day
During 2014, Australian class action suits in numerous areas—including shareholder matters, financial products and advice, cartel, product liability, and environment and government—were initiated, pursued and sometimes settled.
Holding Redlich
This article is a review of recent decisions dealing with more unusual situations in which legal privilege may be lost.
Singh & Associates
The doctrine of Estoppels, precludes a person from denying or to negate anything to the contrary of that which has been constituted as truth, either by his own actions, by his deeds or by his representations or by the acts of judicial or legislative officers.
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
The Constitution of India is the supreme law of the land.
Clayton Utz
A "matter" in section 8 of the Commercial Arbitration Act does not include an application for preliminary discovery,.
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