Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Colin Biggers & Paisley
Where parties to a commercial contract agree to a dispute resolution procedure, they should comply with that procedure.
HHG Legal Group
Costs of individual risk taking are high notwithstanding laws limiting liability where the injured takes an obvious risk. .
Kott Gunning
An undetermined claim for insurance indemnity was declared not to be sufficient to set aside a statutory demand.
DeHeng Law Offices
China's foreign investment has shown a steep rise in recent years and China has become one of the world's major outbound investment countries.
Proskauer Rose LLP
In the past several months, China has adopted new arbitration rules and unveiled a new arbitration center to help resolve the inevitable international disputes arising from the development of The Silk Road Economic Belt...
Jones Day
A series of recent intellectual property case victories by foreign plaintiffs against Chinese companies in Chinese courts has relevance for the forum non conveniens doctrine as a critical defense motion in U.S. courts.
Baker & McKenzie
Under the new Apology Ordinance, the evidence of an apology is not admissible in any judicial, arbitral, administrative, disciplinary and regulatory proceedings for determining fault or liability.
Clyde & Co
Following the passing of the Apology Bill on 13 July this year, Hong Kong has become the first jurisdiction in Asia to enact apology legislation.
Dhir & Dhir Associates
The right to travel abroad has been recognised as an integral right of every Indian citizen. It would not be out of place to mention that it has in fact been recognised as a fundamental right under Article 21 of the Constitution of India.
Clyde & Co
The Supreme Court of India while deciding the civil appeal in Alchemist Asset Reconstruction Company Limited Vs. M/s Hotel Gaudavan Private Limited & Ors, Civil Appeal number 16929...
Singh & Associates
‘Witness may lie but the documents do not.' The production of documentary evidence holds major importance towards the outcome of any commercial dispute.
Singh & Associates
A divisional bench of Hon'ble Delhi High Court headed by Chief Justice Gita Mittal and Justice Anu Mehrotra recently delivered a landmark judgment and held that Compoundable Offences...
Singh & Associates
The Hon'ble Supreme Court recently in Srei Infrastructure Finance Limited v. Tuff Drilling Private Limited, Civil Appeal No. 15036 of 2017 held that the arbitral tribunal has power to recall its order terminating...
Nishith Desai Associates
opines that a foreign-seated arbitration between two Indian parties would attract Part II of the Act, and the resultant award would be a "foreign award";
Khaitan & Co
The Division Bench of the Supreme Court of India differed in their ruling on the applicability of the confessional statement given by Mr Ramalinga Raju in the arbitration proceedings between Venture and Satyam.
Clyde & Co
Clyde & Co and Clasis Law secure a landmark judgment for Doosan India from the Delhi High Court sending GMR Energy Limited back to SIAC ...
Dhir & Dhir Associates
The object of introducing Section 138 in the Negotiable Instruments Act, 1881 (hereinafter referred to as "NI Act") is to enhance the acceptability of cheques in the settlement of liabilities.
Singhania & Partners LLP, Solicitors and Advocates
The National Judicial Appointments Commission Act, 2014 ("NJAC Act") has been notified in the official gazette on the 13th of April, 2014.
Nishith Desai Associates
Bhatia International v Bulk Trading S.A. Bhatia International v Bulk Trading (2002) 4 SCC 105 (not reported by Lexis Nexis® UK), entailed that Part I of the Arbitration and Conciliation Act, 1996 will apply to all arbitrations....
Khaitan & Co
The Supreme Court, which is the Apex Court of India, recently ruled on whether Section 5 of the Limitation Act, 1963 could be invoked to seek a condonation of delay in filing an appeal before the Debt Recovery Tribunal...
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