Mondaq Asia Pacific: Litigation, Mediation & Arbitration
HBA Legal
The court held that a reasonable person in the same position would not have done anything more than it had already done.
Marque Lawyers
The Singapore Convention on Mediation permits most settlement deeds or arrangements to be enforced in signatory states.
Orrick
Hong Kong's top court has confirmed that the status of same-sex couples who have entered civil partnerships overseas is to be recognised when considering the grant of dependent visas.
Carey Olsen
The Grand Court of the Cayman Islands has decided that a minority shareholder may not pursue a winding-up petition in order to delay or prevent a Board approved privatisation of the company.
Herbert Smith Freehills
Two key developments emerge from the long-running proceedings in Xiamen Xinjingdi Group Co Ltd v Eton Properties Ltd [2016] 2 HKLRD 1106 and Xiamen Xinjingdi Group Co Ltd v Eton Properties [2018] HKCFI 910.
Mayer Brown JSM
With the rapid growth of commercial and investment activities in the Asia-Pacific region, the number of cross-border disputes has increased correspondingly.
Herbert Smith Freehills
Following our report on the Global Pound Conference series, which brought together over 4000 stakeholders at 28 conferences worldwide, our analysis of the Asia Pacific results reveals different demands in Asia and Oceania.
Nishith Desai Associates
Court appoints a commission to a foreign country to record the evidence of a witness; Evidence recorded on commission in another country does not amount to a change in venue of arbitral proceedings;
S.S. Rana & Co. Advocates
Therefore, it was alleged this Court has no territorial jurisdiction to entertain this suit and the plaint be returned.
Singhania & Partners LLP, Solicitors and Advocates
The SC in the aforesaid case had the opportunity to pen down the rules and directions that govern a Contractor's ‘Right of First Refusal' in a tender process.
Khaitan & Co
The Ordinance proceeds to lay down the procedure by which matters pending under Section 9A of the Code are to be dealt with.
Nishith Desai Associates
With an arbitration-friendly ecosystem shaping up in India, the judiciary has consistently followed the footsteps of the legislature's pro-arbitration regime, introduced by the Arbitration...
Nishith Desai Associates
The District Court of Columbia in recent proceedings between Hardy Exploration & Production (India) Inc. ("HEPI") v. Government of India (Ministry of Petroleum and Natural Gas) ...
NovoJuris Legal
Commercial Disputes: It means any disputes which is commercial in nature.
Vaish Associates Advocates
The Supreme Court of India, in a path breaking dynamic judgment, ( Shafhi Mohammad Vs. The State Of Himachal Pradesh SLP (Crl.)No.2302 of 2017) , has rationalized the law relating to the admissibility...
S.S. Rana & Co. Advocates
The Supreme Court of India held in the case of AnilKumar Jinabhai Patel(D) v. Pravinchandra Jinabhai Patel on March 29,2018 that the limitation period for filing of the application...
Selvam and Selvam
As we all know, advocates and solicitors ought to obtain a power of attorney from their clients including non-resident clients, in order to facilitate the Advocate's firm ...
Singh & Associates
In two recent judgments, the Delhi High Court dismissed the challenges to the decisions of Arbitral tribunal terming it as ‘unnecessary challenges' ...
Singhania & Partners LLP, Solicitors and Advocates
The journey towards India becoming a desirable hub for International commercial arbitration has been and continues to be a long and arduous done.
Singh & Associates
After the recent amendments in the Arbitration and Conciliation Act, 1996, regarding fixation of time period within which a dispute must be adjudicated upon, more and more parties are flocking towards,arbitration.
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Cooper Grace Ward
Resource companies are failing to adequately compensate for the disruption to the business activities of the landowner.
Trilegal
On 24 August 2017, the Supreme Court of India in a historic judgement declared the right to privacy as a fundamental right protected under the Indian Constitution.
Khurana and Khurana
The Corporate Debtor/Respondent (Uttam Galva Metallics) defaulted in the payment to the Operational Creditor/Appellant (Macquarie Bank) amounting to USD 6,321,337 equivalent to Rs. 43,11,15,190.
Coleman Greig Lawyers
This brand dispute is highlighting the importance of properly drafted Intellectual Property Licence Agreements.
Carroll & O'Dea
If you are injured, you can still make a claim if you don't know the registration number of the vehicle that hit you.
Worrells Solvency & Forensic Accountants
This article examines challenges to the entitlement of creditors in bankrupt estates to vote at meetings of creditors.
Vaish Associates Advocates
The flow chart is indicative & for general guidance only.
Shardul Amarchand Mangaldas & Co
The Court in the last part of this judgement noted that the court in Anvar has not applied the principle of prospective ruling.
Carroll & O'Dea
The appeal addressed how the trial judge could properly choose between competing expert opinions on mental harm.
Vaish Associates Advocates
The normal law relating to the Burden of Proof and its onus is given under the provisions of the Indian Evidence Act, 1872.
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