Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Norton Rose Fulbright Australia
The High Court found that advocate's immunity did not apply to this claim for negligent advice not to settle a case.
Cooper Grace Ward
We discuss Project Gas Services Pty Ltd v Leaseplus Operations Pty Ltd [2017] VSCA 55.
Mr Defteros claimed damages for defamation against both Google Inc and its Australian subsidiary...
Norton Rose Fulbright Australia
Though it is still early days, the Insurance List appears to be providing a useful route to judgment for some parties.
In early 2005, a subsidiary of listed Hong Kong and China Gas Company Limited (0003.HK) bought a controlling stake in a Chinese joint venture company.
Clyde & Co
恩尼德建筑师事务所诉富力南京地产开发有限公司仲裁裁决案, (2016)苏01认港1号 (2016年12月13日),(江苏省南京市中级人民法院)
Clyde & Co
An analysis of the "Ennead" decision: the first CIETAC Hong Kong arbitral award been recognised and enforced in the Mainland
Han Kun Law Offices
Welcome to Han Kun's Monthly Newsletter (Issue 119 - March 2017). In this month's edition, we look at..
Han Kun Law Offices
Taylor Wessing
On 15 March 2017, China's General Provisions of Civil Law ("General Provisions") were adopted at the 5th Session of the 12th National People's Congress...
Han Kun Law Offices
Watson & Band Law Offices
It is generally accepted that the first explicit use of the term "public figure" in Chinese court documents was in a case heard by the Shanghai Jing'an District Court
Supreme Court recently in the case of I-Max Vs E-City has removed the judicial anomaly in relation to enforcement of foreign arbitral awards in India.
Vaish Associates Advocates
Under the Indian laws, any power of attorney executed outside India needs authentication, as it is a requirement that a power of attorney has to be executed in the presence of certain designated officers.
Khaitan & Co
The Respondent was supplying goods to the Appellant at Chennai via New Delhi.
S.S. Rana & Co. Advocates
This initiative is motivated towards reducing the pendency of ongoing litigation in India and to reduce the burden on the Indian judiciary in order to facilitate speedy justice.
Khaitan & Co
On 11 April 2017, the Hon'ble High Court of Delhi (High Court), pronounced its judgment in a case where the enforcement of a foreign arbitral award was opposed inter alia on the ground that the enforcement of the said award would be contrary to the public policy of India ...
Foley & Lardner
The Indian court system has gained an unfortunate reputation for being notoriously slow, cumbersome, unpredictable, and unreliable, which makes solving commercial disputes in India a challenging ordeal.
PSA Legal Counsellors
In today's business contracts, arbitral provisions are preferred due to various factors.
Khaitan & Co
Recently, the Hon'ble Supreme Court of India in the case of Imax Corporation versus E City Entertainment India Private Limited has affirmed the significance of the relationship between the seat of...
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Sibenco Legal & Advisory
Information Governance and Data Governance are both important as the volumes of data held by organisations increase.
Singhania & Partners LLP, Solicitors and Advocates
Under the Arbitration and Conciliation (Amendment) Act, 2015. There are two avenues available for the enforcement of foreign awards in India, viz., the New York Convention and the Geneva Convention, as the case may be.
Luthra & Luthra Law Offices
The recent order by the Hon'ble Supreme Court in Amit Sibal v. Arvind Kejriwal , has again brought to the forefront, the short but extremely important question as to :
S.S. Rana & Co. Advocates
The Bombay High Court has recently refused to grant an injunction on trade mark infringement and passing off where the only basis for the application for injunction was the existence of phonetic similarity...
Singhania & Partners LLP, Solicitors and Advocates
Legitimacy of invocation of bank guarantees has always been a bone of contention between the parties who have entered into commercial arrangements.
On February 27, 2017, Law No. 49-VI on Amendments to Certain Legislative Acts of the Republic of Kazakhstan in Relation to Issues of Improvement of the Civil Law, Banking Law...
The Income Tax Appellate Tribunal recently upheld a capital gains tax levy of INR 10,247 Crore against Cairn U.K Holdings Limited in an order dated 9 March 2017 in relation to a group restructuring...
Shardul Amarchand Mangaldas & Co
This article provides an analysis of the roles, duties and responsibilities of a karta in a HUF in light of a landmark verdict delivered by the Delhi High Court which established that the eldest female member of the family can be a karta in a HUF.
Cooper Grace Ward
The plaintiff attempted to amend her statement of claim to make her pleaded case consistent with the expert opinion.
Singh & Associates
Per incuriam, literally translated as "through lack of care", refers to a judgment of a court which has been decided without reference to a statutory provision or earlier judgment which would have been relevant.
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