Asia: Litigation, Mediation & Arbitration

In Bharat Udyog Ltd. v. Ambernath Municipal Council through Commissioner [2026 INSC 288], the Supreme Court examined whether an arbitral award could survive where there was no arbitration agreement between the parties and the arbitrator had been appointed unilaterally by the State Government.

In Rajiv Gaddh v. Subodh Parkash [2026 INSC 302], the Supreme Court considered whether a party that had abandoned earlier arbitral proceedings could later file a fresh application under Section 11 of the Arbitration and Conciliation Act, 1996 on the same cause of action.

In Maharashtra State Electricity Distribution Company Limited & Ors. v. R Z Malpani [2026 INSC 342], the Supreme Court examined whether a Letter of Intent issued pursuant to a tender process created a concluded contract and incorporated the arbitration clause contained in the tender documents.

Australian charities operate in a position of significant trust. They safeguard public funds, deliver essential services and support some of the most vulnerable members of the community.

The New South Wales Court of Appeal's decision in The Owners Strata Plan No 66375 v King clarified critical aspects of statutory warranties under the Home Building Act 1989 (NSW), particularly regarding design defects and developer liability. The case examined whether developers could be held liable for defects originating in architectural design rather than construction workmanship, and whether statutory warranties extend beyond the express terms of building contracts.

The Supreme Court has delivered clarification and detailed reasoning regarding the practical application of section 36 of the Civil Liability Act 2003 (Qld) with respect to a claim for negligence against a Council performing works, which included placing a barricade across a footpath.

On 14 May 2026, the Federal Court of Australia (the Court), in a prosecution commenced by the Australian Competition and Consumer Commission (ACCC), found that Coles Supermarkets Australia Pty Ltd (Coles)...

The Federal Court of Australia has ruled that Coles Supermarkets' 'Down Down' promotional pricing was misleading to consumers, despite the advertised prices being factually accurate. The case examines whether temporary price increases followed by promotional discounts constitute genuine savings, and establishes critical standards for how long a higher price must be maintained before retailers can legitimately advertise it as a discount reference point.

In the United States, companies increasingly include arbitration clauses in contracts to mitigate the substantial legal risks posed by class action lawsuits. These clauses often explicitly prohibit collective arbitration...

24–25 сентября 2026 года в The Ritz-Carlton Almaty пройдет Kazakhstan Legal Forum 2026 — одно из крупнейших юридических событий региона, ежегодно объединяющее...

The High Court of Australia held that India had not waived sovereign immunity in respect of enforcement proceedings by ratifying the New York Convention...

A Decree Holder seeks to execute an arbitral award of ₹385 crore through attachment and sale of properties, while Judgment Debtors argue they are undergoing Personal Insolvency Resolution Process under IBC, 2016. The central question is whether execution proceedings can continue when the statutory moratorium has expired but insolvency proceedings remain active, and whether this would grant preferential treatment disrupting the proposed repayment plan.