Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Hunt & Hunt
The court granted an extension of time where the cause of action arose 13 years prior to the commencement of proceedings.
Corrs Chambers Westgarth
Most securities litigation involves a claim for a loss allegedly suffered by a misrepresentation or non-disclosure.
KordaMentha
The case highlights issues in the evidence of experts who assessed the loss from the RSCPA wrongly putting down cattle.
Clyde & Co
The dispute concerned a sale and purchase contract entered into between two PRC entities. Both of the entities were wholly foreign owned enterprises (categorized under PRC law as "WFOEs").
AnJie Law Firm
In a voyage charter dispute between Jiarui Shipping Co., Ltd. and Sichuan Beifang Qinyuan Biological Engineering Co., Ltd., shanghai branch of China Maritime Arbitration Commissionrendered an award in favor of Jiarui.
AnJie Law Firm
On 14 March 2016, Hong Kong Court of First Instance (CFI) dismissed an application to set aside an order granting leave to enforce an arbitral award made in Malaysia. (T v C [2016] HCCT 23/2015).
AnJie Law Firm
On 12 February 2016, Bureau of the ICC Court unanimously adopted the Guidance Note for the Disclosure of Conflicts by Arbitrators ("the Note").
Clyde & Co
On the 3rd and 4th of March 2016, China hosted for the first time the International Bar Association Conference in Shanghai. The conference comprised a series of seminars and discussion panels on international arbitration and litigation with a focus on Chinese law and the Chinese legal system.
Tuli & Co
The new amended Arbitration Act 2015 (‘Amended Act') was introduced on 23 October 2015 in the form of an Ordinance.
Singhania & Partners LLP, Solicitors and Advocates
The question of applicability of the provisions of Part I of the Arbitration and Conciliation Act 1996 (hereinafter referred as 1996 Act) to the international commercial arbitrations held outside India has time and again come up...
Singhania & Partners LLP, Solicitors and Advocates
The government is taking various routes to facilitate and broaden Foreign Direct Investment inflows into India.
Tuli & Co
The Delhi High Court has recently interpreted the Supreme Court judgement in Bharat Aluminium Company v Kaiser Aluminium Technical Services Inc. (2012) 9 SCC 552 (‘BALCO') to lay down which courts would have jurisdiction for proceedings under the Arbitration and Conciliation Act, 1996 (‘Act').
Trilegal
The constitution of the National Company Law Tribunal and the National Company Law Appellate Tribunal is a paradigm shift with the intention of establishing a specialized forum to adjudicate all disputes/issues pertaining to companies in India.
Khaitan & Co
This article attempts to address a common issue which arises in disputes arising from breach of commercial contracts executed by and between the Principal Employer and the Contractor.
PSA Legal Counsellors
On January 28, 2016, the Supreme Court of India gave its verdict in a case, which is actually a spin-off of the landmark case of Bharat Aluminium Company ("Balco") vs. Kaiser Aluminium...
Nishith Desai Associates
The parties entered into a works contract ("Contract") under which the Petitioner undertook to carry out certain construction works ("Work") for the Respondent, to be completed by February 15, 2015.
Tuli & Co
The Delhi High Court has recently ruled that a party to an arbitration cannot nominate its serving or retired officer as its nominee arbitrator.
IndusLaw
The efficiency of the legal system and the pace at which disputes are resolved by courts are very important factors in deciding the growth of investment and the overall economic and social development of a country.
Jayadeep Hari & Jamil
The respondent ("Kalairasi") sued the appellants ("PSSB") for defamation due to a misprint on an article in a newspaper known as Malaysia Namban (Sunday edition) owned and published by PSSB.
Clyde & Co
On 2 June 2016, Singapore ratified the Hague Convention on Choice of Court Agreements (Convention) becoming the first Asian country to join the Convention.
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Khaitan & Co
Historically, the Hindu Succession Act, 1956 (HSA), did not confer any rights on a daughter to the ancestral property of her father.
Alpha Partners
This paper attempts to delineate various aspects of Section 138 of the Negotiable Instruments Act. Section 138 is the principal section dealing with dishonor of cheques.
Singhania & Partners LLP, Solicitors and Advocates
The Government of India decided to amend the Arbitration and Conciliation Act, 1996 by introducing the Arbitration and Conciliation (Amendment) Bill, 2015 in the Parliament.
Tuli & Co
The Arbitration and Conciliation (Amendment) Act, 2015 ('Amendment Act') was passed by both houses of parliament in the winter session, pursuant to which it has received Presidential assent on 31 December 2015.
Khaitan & Co
The Ministry of Corporate Affairs vide a notification dated 1 June 2016 has constituted the National Company Law Tribunal and its appellate authority, the National Company Law Appellate Tribunal with effect from such date.
DSK Legal
Hon'ble Supreme Court in its judgment dated August 1, 2014 in the case of Dashrath Rupsingh Rathod vs. State of Maharashtra and another inter alia held that the territorial jurisdiction for dishonor of cheques is restricted to the Court within whose local jurisdiction the offense was committed.
Khaitan & Co
This article attempts to address a common issue which arises in disputes arising from breach of commercial contracts executed by and between the Principal Employer and the Contractor.
Phoenix Legal
The constitutional validity of the NCLT and the NCLAT is an issue that was first tested before the Supreme Court of India in Union of India vs. R. Gandhi, President, Madras Bar Association (the 2010 Judgment).
Shook Lin & Bok
The Appellant is a shareholder and director of Timor Global LDA ("TG"). The Respondent, the Australia and New Zealand Banking Group Ltd, had extended banking facilities in the sum of $7.8 million to TG.
Khaitan & Co
The question before the Court was whether consideration paid by flat buyers to a builder/promoter/developer for acquiring a flat being constructed in a complex could attract service tax...
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