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Australia
Jones Day
The operation of independence in relation to privilege is uncertain due to different approaches by courts at first instance.
Stacks Law Firm
Compensation for a traumatic brain injury from a motor vehicle accident can assist a victim in moving on with their life.
Carroll & O'Dea
These two decisions are of interest, but this "pathway" would benefit from judicial consideration at the appellate level.
China
DeHeng Law Offices
《最高人民法院关于民事诉讼证据的若干规定》(以下称《证据规定》)于2001年12月6日经最高人民法院审判委员会第1201次会议通过,2001年12月21日以最&
DeHeng Law Offices
2020年01月03日,最高法院发布了《关于在执行工作中进一步强化善意文明执行理念的意见》(简称《善意执行意见》)。对此,很多自媒体以"突发
King & Capital Law Firm
2019年12月4日,中华人民共和国最高人民检察...
DeHeng Law Offices
作为内地与香港之间商签的第七份司法协助安排文件[1]以及内地与其他法域签署的第一份有关仲裁保全协助文件,《关于内地与香港特别行政区&
King & Capital Law Firm
接受委托后,李志广律师第一时间复制案卷卷宗...
King & Capital Law Firm
近日,京都律师事务所合伙人刘洋律师...
King & Capital Law Firm
近日,北京市京都律师事务所李志广律师接受彭某家属委托
Hong Kong
Herbert Smith Freehills
As part of the Legislative Council's Information Technology Strategy Plan, The Court Proceedings (Electronic Technology) Bill (Bill), which was gazetted on 27 December 2019
Gall
Hong Kong follows the common law system with a combination of statutory laws as well as laws developed through judgments.
DLA Piper
For a second time in two months, the Hong Kong Court of Appeal was asked to consider the correctness of the controversial approach adopted in the case of Lasmos Limited v. Southwest ...
India
Singh & Associates
As per Section 36 of the Arbitration and Conciliation Act, 1996
Aggarwals & Associates
Every developed legal system possesses a judicial organ which adjudicates the rights and obligations of the citizens of the nation. At earlier stage, the courts were guided by customs and their own sense of justice.
Singhania & Co
The Courts exercise supervisory jurisdiction over the arbitration proceedings. This supervision is limited to granting interim measures, appointment of arbitrator, assistance in evidence taking and setting aside of the arbitral award.
STA Law Firm
The Ministry of Law and Justice of India has passed a notification on 17 January 2020 in the official Gazette of India declaring United Arab Emirates to be a reciprocating territory...
Economic Laws Practice
This week, we analyze the decision of Supreme Court in the case of Central Organisation for Railway Electrification V. ECI-SPIC-SMO-MCML (JV) A Joint Venture Company.
Economic Laws Practice
Arbitration weekly update -The State of Jharkhand & Ors. v. M/s HSS Integrated SDN & Anr.
Phoenix Legal
On 17 January 2020, India paved way for the execution of decrees and judgments passed by certain UAE courts in India.
Cyril Amarchand Mangaldas
There has been constant confusion with respect to admissibility of unstamped documents. Section 35 of the Indian Stamp Act, 1899 ("Stamp Act"), provides that...
LexCounsel Law Offices
The Ministry of Law and Justice, Government of India vide its Notification dated January 17, 2020 declared United Arab Emirates a "reciprocating territory" for the purposes of enforcing foreign civil decrees in India.
Vaish Associates Advocates
The sole objection herein, was with reference to claim No. (2), that is, with respect to losses due to unproductivity of the men and machineries.
Vaish Associates Advocates
The present case is an appeal to the SC against the order passed by the Rent Control Authority.
Economic Laws Practice
In the last seven days, the Supreme Court of India has rendered two decisions which are possibly the inflection point in the journey of arbitration in India.
Shardul Amarchand Mangaldas & Co
It is evident from the record that these twin exceptions did not arise in the BGS case.
DSK Legal
The applicants of all Intellectual Property Rights (IPRs) can directly file Special Leave Petition (SLP) before the Hon'ble Supreme Court against any order of Intellectual...
DSK Legal
In the suit filed by Late AIADMK chief Jayalalithaa's niece, Deepa Jayakumar, before the Madras High Court, seeking a stay on two in-production projects, allegedly based...
The Law Point
An arbitration agreement is governed by the same principles as of contract law, that if an arbitration agreement is entered into by one of the companies in a group
S.S. Rana & Co. Advocates
The Hon'ble Supreme Court vide its judgement dated December 10, 2019, has clarified the position of intermediaries under Section 79 of the Information Technology Act, 2000 prior to its amendment.
DSK Legal
The Supreme Court extended the term of Justice (Retd.) Manmohan Singh as Chairman of the Intellectual Property Appellate Board (IPAB).
Singh & Associates
Litigation Financing is the idea of a third party independently providing funds to parties to a dispute ...
Economic Laws Practice
On 27 November 2019, the Supreme Court of India, delivered a seminal verdict in the case of Hindustan Construction Company Limited & Anr. v. Union of India & Ors. wherein, inter alia, the constitutional validity of ...
Singh & Associates
Quoting the words of Benjamin Cardozo, "A judge is not a legislator in general but highlights how the judge does...
Singh & Associates
The principle behind arbitration proceeding is to provide parties an opportunity to resolve a dispute ...
Economic Laws Practice
Union of India v. Pradeep Vinod Construction Company with Union of India v. BM Construction Company.
Economic Laws Practice
A key issue under the Act was that a petition for setting aside the award, filed under section 34 by an award debtor, meant an automatic stay against the enforcement of the award3
ARA LAW
The Reserve Bank of India ("RBI") vide Circular No.131 dated February 12, 2018 ("Circular") issued a generic framework and instructions to resolve the stressed assets in the economy.
Singhania & Partners LLP, Solicitors and Advocates
In yet another decision, reversing the judgement of Delhi High Court, the Supreme Court held that once parties consciously and with full understanding executed an amendment of agreement
Phoenix Legal
It also reaffirmed that the legislative intent of the Arbitration Act is party autonomy and minimal judicial interference in the arbitration process.
PSL Advocates and Solicitors
With increasing cross-border transactions international commercial and investment arbitrations have also increased concurrently. Though
Khaitan & Co
On 21 November 2019, a full bench of the Nagpur Bench of the Bombay High Court in its judgement in Motilal s/o Khamdeo Rokde & Ors v Balkrushna Baliram Lokhande & Ors (Letters Patent Appeal No 177 of 2012), ...
LexOrbis
Article 300A of the Constitution of India recognises and guarantees every person a right to property which is construed by the Supreme Court to be not only a constitutional or statutory right, but also a human right.
Obhan & Associates
Rule against bias is one of the fundamental principles of natural justice which applies to all proceedings, compliance with which is the pivot point of a judicial process.
Tuli & Co
The Supreme Court in a pro-arbitration move has stuck down §87 of the Arbitration & Conciliation Act, 1996 (Act) in Hindustan Construction Company Limited v Union of India, which was inserted earlier this year ...
AZB & Partners
The Delhi High Court's recent judgment in Global Infonet v. Lenovo and Ors.[1] ("Global Infonet") is significant in the context of consolidation of arbitration proceedings.
M Mulla Associates
Recently, a full bench of the Supreme Court of India in its decision in Nusli Neville Wadia v. Ivory Properties & Ors., [SLP (Civil) Nos. 31982 – 31983 of 2013] held that under the provisions of Section 9A and ...
Indonesia
Herbert Smith Freehills
Since 2016, the international community has followed the disputes involving BANI (Badan Arbitrase Nasional Indonesia), one of the oldest and most established arbitral institutions in Indonesia, and...
Singapore
McCarthy Tétrault LLP
In ST Group Co Ltd v Sanum Investments Limited , the Singapore Court of Appeal ruled that in the absence of waiver of the wrong seat, an arbitral award granted by a ...
Herbert Smith Freehills
In BNA v BNB and Anor [2019] SGCA 84, the Singapore Court of Appeal (the "COA") confirmed that the phrase "arbitration in Shanghai" meant that Shanghai was the seat of arbitration
Dentons
In Armstrong, Carol Ann (executrix of the estate of Peter Traynor, deceased and on behalf of the dependents of Peter Traynor, deceased) v Quest Laboratories Pte Ltd and another and other appeals [2019
WongPartnership LLP
International Arbitration Comparative Guide for the jurisdiction of Singapore, check out our comparative guides section to compare across multiple countries
Alpha Partners
and Ssangyong Engineering ("Appellant") entered into an agreement pursuant to a tender process for construction of a four-lane bypass.
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