Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Corrs Chambers Westgarth
Any party wishing to bring a civil appeal in the Supreme Court of Victoria will first need to obtain leave to appeal.
KordaMentha
A controversial ruling from a Canadian court could have implications for the way expert witnesses prepare their reports.
Cooper Grace Ward
An incapacitated plaintiff can recover from the defendant the costs associated with managing the fund management damages.
Cooper Grace Ward
A solicitor's request for reimbursement of substantial expenses to comply with a subpoena to give evidence was rejected.
King & Wood Mallesons
The Shanghai International Arbitration Center has issued the China (Shanghai) Pilot Free Trade Zone Arbitration Rules.
De Brauw Blackstone Westbroek N.V.
Disputes cannot always be prevented. Contracts must therefore provide for an effective means of dispute resolution.
King & Wood Mallesons
The article discusses the use of injunctions in IP arbitration, the legal basis and its problems in China's IP trade.
King & Wood Mallesons
As litigation becomes more sophisticated, this will likely lead to more and larger "class action" -type suits in China.
Mayer Brown JSM
The District Court of Hong Kong recently convicted a solicitor and a recovery agent for champerty, sending a clear message to recovery agents and solicitors that litigation funding in return for a fee is illegal.
Nishith Desai Associates
In contracts involving a state related entity and a private party, the arbitrators are usually officials of the entity.
Nishith Desai Associates
The recent judgments of the apex court of the land clearly highlighted the recognition of the policy of least judicial intervention in arbitrations.
Singh & Associates
Social media and networking websites have occupied an insurmountable space in our lives.
Nishith Desai Associates
The Supreme Court of United Kingdom has opined on whether a bribe or secret commission received by an agent is held by that agent on trust for his principal.
Nishith Desai Associates
The Supreme Court has analysed the scope and applicability of Section 2(1) (e) and Section 42 of the Arbitration and Conciliation Act, 1996.
Nishith Desai Associates
In the instant case, assignment agreement has been entered into to effectuate maintenance agreement and not to substitute the same.
Vaish Associates Advocates
The universally acceptable legal position is that once there is an arbitration clause in an agreement, the same shall be referred to arbitration.
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.
Nishith Desai Associates
Hong Kong International Arbitration Centre has updated its model arbitration clause to include specific words "The law of this arbitration clause shall be ... (Hong Kong law)".
Nishith Desai Associates
Law Commission releases proposed amendments to the Arbitration & Conciliation Act, 1996
Nishith Desai Associates
LCIA Rules 2014 provides for appointment of Emergency Arbitrator, thus bringing LCIA in tune with other comparable institutional rules.
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Singh & Associates
Under India Legal System, the law relating to injunction has been provided in the Specific Relief Act, 1963.
Singh & Associates
The Constitution of India is the supreme law of the land.
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.
Swaab Attorneys
The case highlights the need for all employers to handle performance processes and assessments with extreme caution.
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 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.
Coleman Greig Lawyers
In a landmark decision, the court ordered a former school student to pay $105,000 to a teacher for defamatory tweets.
Marque Lawyers
The ABC is defending the claim on the basis that Ian MacDonald's reputation was so bad that it couldn't get any worse.
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.
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