Mondaq Asia Pacific: Litigation, Mediation & Arbitration
Carroll & O'Dea
This analysis adopts a comparative approach to damages for treatment of wrongful birth cases in Australia and in the UK.
Kott Gunning
If a party moves interstate at any time before the resolution of the matter, the Tribunal ceases to have jurisdiction.
Holding Redlich
The OLC is a virtual court room designed to minimise costs of in-person Court appearances by online requests for orders.
Herbert Smith Freehills
The Supreme People's Court of China (SPC) has released a new set of judicial interpretations concerning interim injunction applications for intellectual property rights (IP Rights)-related disputes.
Herbert Smith Freehills
On 1 July 2018, the Supreme People's Court of China (SPC) promulgated Provisions on Several Issues Regarding the Establishment of International Commercial Courts
AFD China
Chinese courts heard 213,480 IP cases last year, 40.4 percent more than in 2016, and double the number in 2013.
Herbert Smith Freehills
As discussed in this post, Xiamen Xingjingdi Group Co Ltd (XJ) and various co-defendants affiliated with Eton Properties Ltd have been involved in a long-running dispute in multiple fora, including a PRC-seated CIETAC...
Herbert Smith Freehills
As noted in our earlier post, Hong Kong published its long-awaited Code of Practice for Third Party Funding of Arbitration on 7 December 2018.
Herbert Smith Freehills
Hong Kong has published its long-awaited Code of Practice for third party funders, and announced that amendments to the Arbitration Ordinance which permit funding of Hong Kong
Herbert Smith Freehills
In N v W [2018] HKCFI 2405, the Hong Kong Court of First Instance refused to remit or set aside an award on the basis that an arbitrator had misconducted proceedings, demonstrating its reluctance...
Withers LLP
The Hong Kong International Arbitration Centre ("HKIAC") has recently introduced several new provisions to the 2013 HKIAC Administered Arbitration Rules which came into force on 1 November 2018.
Singh & Associates
Thus, the power under Section 8 was restricted to the ‘prima facie' enquiry into the existence of valid Arbitration agreement.
Nishith Desai Associates
The Arbitration and Conciliation (Amendment) Act, 2015 does not apply retrospectively to arbitration proceedings commenced prior to it coming into force, unless the parties otherwise agree.
Khaitan & Co
The Appellant's main contention in support of its application was the wording of Section 8(1) of the Arbitration Act after the 2015 Amendment.
Tuli & Co
The disputes between the Appellant, Caravel Shipping and the Respondent, Premier Sea Foods arose from a Bill of Lading.
Nishith Desai Associates
Arbitration agreements must be read in a holistic manner to determine the seat and correspondingly the jurisdiction of the supervisory court, if the seat or place of arbitration is not specified in the arbitration...
AMLEGALS
The appellant (hereinafter referred to as Emaar MGF) is a company which has acquired and purchased land to develop an integrated township in District Mohali, Punjab.
AMLEGALS
The Appellant in the present case is an Agent who facilitates transport. The Respondent is the Consignor/ Shipper.
AMLEGALS
The Appeal was filed against the Delhi High Court order dated 18.02.2005. The order was in the favor of an enforcement petition of AUSTBULK SHIPPING SDN BHD regarding a Foreign Arbitral award dated 30.05.2001.
IndusLaw
Earlier this month, a five-judge bench of the Delhi High Court held that two causes of action, one for relief with respect to passing off, and another with respect to design infringement under the Designs Act, 2000, ...
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Singh & Associates
The jurisdiction of 226 and 227 is vast and has to be exercised sparingly.
Vaish Associates Advocates
That is how, in a private complaint case, the accused will have two cross-examinations.
Krishnomics Legal
The Negotiable Instruments Act, 1881 ("the Act") was enacted to characterize and define the law relating to authoritative records like Promissory Notes, Bills of Exchange and Cheques.
VGC Law Firm
The same have been briefly discussed in the present article.
Dhir & Dhir Associates
he Code of Criminal Procedure, 1973 (hereinafter called "CrPC") defines Bailable Offence to "mean an offence which is shown as bailable in the First Schedule, or which is made bailable ...
IndusLaw
On October 30, 2018, the Supreme Court of India (the "Supreme Court") in Star India Private Limited v Department of Industrial Policy and Promotion & Ors., upheld the validity of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 ...
Singh & Associates
This article is a brief outline of how and what happens once a crime takes place and how the investigation machinery leads the investigation under Cr.P.C and ultimately rests its case before the Judiciary...
Fair & Just Legal Solutions LLP
The real estate sector has been one of the top-most contributors to the country's Gross Domestic Product (GDP) and employment creation.
Singh & Associates
S482, under the 37th Chapter of the Code – titled ‘Miscellaneous' deals with Inherent powers of the Court.
S.S. Rana & Co. Advocates
The Consumer Protection Bill, 2017 which was approved by the Union Cabinet last year (as already discussed in our previous titled "India: The Union Cabinet Approves The Consumer Protection Bill, 2017"...
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