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Arbitration & Dispute Resolution
Australia
Kells
Early planning is not a vaccine for litigation, but it can significantly reduce exposure to legal costs in disputes.
China
DeHeng Law Offices
信息技术的高度发展导致证据领域产生了新类型的证据...
Herbert Smith Freehills
The Chinese Supreme People's Court (SPC) issued a series of judicial interpretations and opinions in December 2019 in relation to the rules of evidence
DeHeng Law Offices
根据《中华人民共和国仲裁法》,...
DeHeng Law Offices
2020年1月1日起,《境外仲裁机构在中国(上海)自由贸易试验区临港新片区设立业务机构管理办法》(下称《管理办法》)开始生效实施了,符ࡧ
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
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&
Hong Kong
R&P China Lawyers
In contracts between Chinese and international clients, an important question is where and how disputes are resolved.
Gall
In our article dated 5th October 2019, we introduced the newly in force "Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR".
India
IndusLaw
The Court herein noted that the arbitral tribunal had entered upon reference on May 26, 2018.
Singh & Associates
As per Section 36 of the Arbitration and Conciliation Act, 1996
King, Stubb & Kasiva
The presence of such clauses in an agreement can be highly beneficial to the party with the right to designate a sole arbitrator.
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.
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.
Economic Laws Practice
This week, we examine the decision of the Bombay High Court in Chetan R. Shah. v. Emkay Fincap Ltd., which interprets the recently introduced section 87 of the Arbitration and Conciliation Act 1996.
IndusLaw
It is not uncommon for parties to incorporate arbitration clauses that give them the unilateral power to appoint a sole arbitrator.
Khaitan & Co
Section 13 read with Section 44A of the CPC lays down the law in respect of execution of foreign judgements / decrees in India.
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...
Nishith Desai Associates
In two cases before Indian courts involving investment treaty arbitration, the Courts have opined that the Arbitration & Conciliation Act, 1996 does not apply to investment treaty arbitration.
Economic Laws Practice
On the other hand, the Petitioner argued that the limitation period should be the same as for execution of a decree, i.e. twelve years.
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.
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.
The Law Point
Thus, most of the agreements have a specific clause related to arbitration.
GameChanger Law Advisors
The Bombay High Court ("Court") on November 28, 2019, in the case S. Satyanarayana & Co. v. West Quay Multisport Private Limited, passed an order clarifying that, if an arbitration agreement specifies a state ...
Economic Laws Practice
This week, we take a look at a very significant decision of the Supreme (SC) in BGS SGS Soma JV v. NHPC Ltd.This case was centered around an arbitration clause which, inter alia
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
The Law Point
As a matter of general practice, the parties, upon reaching a consensus, reduce the terms of their understanding in writing by way of an agreement,…
Nishith Desai Associates
As we brace to face a global economic slowdown and plummeting GDPs, the flow of FDI across the globe offers a somewhat sanguine picture.
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 ...
Wakhariya & Wakhariya
Arbitration is broadly defined as a non-judicial process of resolving disputes. The key word here is "non-judicial", meaning outside the rigid structures of court processes.
Phoenix Legal
The Supreme Court by a significant judgment on 10 April 2019 , clarified that the power of the court to impound an unstamped document containing an arbitration clause...
Singh & Associates
The legislature has over the past years shown its intention to keep pace with the growing popularity of arbitration as the most preferred mode for resolution...
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
Economic Laws Practice
Perkins Eastman Architects DPC and Another v. HSCC (INDIA) LTD. (Perkins Eastman)
Nishith Desai Associates
This article was first published in the opening issue of MARC Insights, the review magazine started by Mauritius Arbitration and Mediation Centre.
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.
Nishith Desai Associates
Confidentiality of arbitral proceedings is often attributed as the driving force behind the growth of international arbitration in the last sixty years.
Khaitan & Co
The 2015 Amendment Act which came into force from 23 October 2015 introduced certain game-changing amendments to the Arbitration Act.
Samvad Partners
The issue of appointment of arbitrators under Section 11 of the Arbitration & Conciliation Act, 2016, was discussed by the Supreme Court of India in Perkins Eastman Architects DPC & Anr. v. HSCC (India) Ltd.
Juscontractus
Of late, there has been the emergence of a disturbing trend whereby Indian contracting parties are choosing foreign jurisdictions to arbitrate their disputes.
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
Joseph Lopez LLP
Enforcement of Foreign Judgments Comparative Guide for the jurisdiction of Singapore, check out our comparative guides section to compare across multiple countries
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
Clyde & Co
On 7 August 2019, Singapore hosted the signing ceremony for the "Singapore Convention on Mediation" (the "Singapore Convention").
Singh & Associates
Applications for appointment of Emergency Arbitrators ("EA") are lately gaining popularity among parties...
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