Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Corrs Chambers Westgarth
The Supreme Court found that none of the arguments raised provided a sufficient basis to decline the grant of approval.
Kemp Strang Lawyers
The decision affirms that conduct capable of constituting duress is limited to threatened or actual unlawful conduct.
Stacks Law Firm
The truck driver made a claim against the electricity company, and the farm owner, for the injuries he had sustained.
Carroll & O'Dea
This Act introduces a new NSW CTP Scheme to replace the scheme under the Motor Accidents Compensation Act 1999 (NSW).
The Court of First Instance has confirmed that Mainland entities controlled by the PRC Central People's Government benefit from "crown" immunity from suit and execution...
Hong Kong has traditionally been reluctant to allow claimants' legal costs to be paid by third parties who have no direct legitimate interest in the outcome of the dispute.
Clyde & Co
The Hong Kong Legislative Council has passed amendments to the Arbitration Ordinance to permit third party funding of arbitration in Hong Kong.
Infini Juridique
The Government of India has recently notified "The Arbitration and Conciliation (Amendment) Ordinance, 2015". The notification was issued on October 23, 2015 and came into effect from the same date.
Khaitan & Co
The endeavour in the present article is to analyse and understand the Indian law concerning international arbitrations.
Singh & Associates
Vide the amendment of the Arbitration and Conciliation Act in 2015 following the 246th Law Commission Report, many provisions of the Act were amended suitably to smoothen...
The question of whether two Indian parties can have a seat of arbitration outside India and choose foreign law to resolve disputes continues to remain a vexed issue.
In yet another investor friendly move, the Delhi High Court in the case of Cruz City 1 Mauritius Holdings v. Unitech Limited, upheld the enforcement of foreign arbitral award in India ...
Vaish Associates Advocates
The distinction between "basic facts" which are essential factual constituents of the "grounds" and their further particulars or subsidiary details is important.
Vaish Associates Advocates
The Supreme Court of India in AIR 1974 SC 183 : Prabhu Dayal Deorah vs. District Magistrate, Kamrup, has held that the detenu has a right under Article 22(5) of the Constitution to be afforded...
Nishith Desai Associates
Once a court has set aside the arbitral award, it cannot relegate the parties back to arbitral tribunal.
Phoenix Legal
One of the most significant legal changes made by the Indian legislature in recent years has been the introduction of the Arbitration and Conciliation (Amendment) Act, 2015 (Amendment Act).
Shardul Amarchand Mangaldas & Co
Indian public sector undertaking (PSUs) account for a large part of India's GDP. Naturally, therefore, PSUs are parties to many Indian disputes (whether in courts or arbitration).
PSA Legal Counsellors
This newsletter summarizes the key points discussed in the judgment that could impact contracts between an Indian and a non-resident party.
Lakshmikumaran & Sridharan Attorneys
1.Enforcing an arbitral award given by London Court of Arbitration ("LCIA"), the Delhi High Court on 20th April, 2017 settled the Tata-Docomo dispute by its judgment in NTT Docomo Inc. v. Tata Sons Ltd...
Luthra & Luthra Law Offices
In the space of a month, the Delhi High Court has delivered two judgements that significantly impact the interplay between enforcement of foreign arbitral awards in India and the foreign exchange regime
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Norton Rose Fulbright Australia
Given the proliferation of such marketing class actions in the United States, this could be a growth area in Australia.
Holding Redlich
The consultation paper suggests that Government will crack down on phoenix activity and corporate restructuring rorts.
Colin Biggers & Paisley
Parties who wish to draw a Jones v Dunkel inference should ensure they plead and/or particularise their case clearly.
The counter-argument that this ‘objective' interpretation would, in the context of delay or failure by the superintendent to certify practical completion...
Pointon Partners
Lawyers and advisors who don't advise their clients to obtain tax advice may be found liable for professional negligence.
Coleman Greig Lawyers
The term refers to legal privilege attached to communication specifically used for the purpose of negotiating settlement.
Colin Biggers & Paisley
There are strict thresholds of reasonableness and knowledge to be met before a public authority can be found negligent.
In our earlier update concerning the decisions in Southern Han1 and Shade Systems2 we noted the NSW Court of Appeal decision in Shade Systems was under appeal to the High Court.
Bartier Perry
These are issues to be aware of when considering whether to pursue an action for defamation for an online statement.
Norton Rose Fulbright Australia
The use of the class action forum for "marketing" claims represents a new dimension in this type of case in Australia.
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