Mondaq Asia Pacific: Litigation, Mediation & Arbitration
HBA Legal
Negligent drivers who cause an accident owe a duty of care to police officers who attend the accident scene.
Clyde & Co
China's Belt & Road Initiative (BRI) to increase trade and improve regional connectivity promises both excitement and uncertainty to all involved regions.
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.
This article considers the pro-arbitration approach of courts in Hong Kong in the context of two recent cases. It also considers other significant initiatives and developments in the arbitration
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.
Singh & Associates
The rapid growth in commerce and industry has led parties to settle their disputes by resorting to the alternate dispute resolution procedure, more particularly to arbitration, and one of the prominent reasons ...
Singh & Associates
The dictionary defines it as contradiction is the act of saying something that is opposite or very different in meaning to something else what is said earlier.
Nishith Desai Associates
The Arbitration & Conciliation ( Amendment) Bill, 2018 is due to be placed before the Rajya Sabha. If passed in its current form it will set up a regulator for arbitration in India …
Nishith Desai Associates
Legal advice given to avoid, or even settle proceedings which are reasonably contemplated, would receive the same level litigation privilege as in cases of defending or resisting litigation.
Nishith Desai Associates
The Arbitration Act does not disqualify a former employee from acting as an arbitrator, provided there are no justifiable doubts as to his independence and impartiality;
Nishith Desai Associates
An application to set aside arbitral award must be made within the strict statutory timeline. This time limit cannot be extended thereafter by using the leeway of "sufficient cause"
Nishith Desai Associates
Last year saw India jump 23 notches, ranking 77th worldwide in world bank's ease of doing business index.
Nishith Desai Associates
The latest legislative reforms dealing with arbitration in India have met with controversy.
M Mulla Associates
In practice, more often than not, in a dispute over title of a land/property, it is seen that the parties assert their title by placing reliance upon their name being reflected in the revenue records.
A Constitution Bench of the Allahabad High Court declined a reference made to reconsider the law laid down in Dr. Vishwajeet Singh and Ors. V. State of Uttar Pradesh, which dealt with the application of reservation of law ...
Vaish Associates Advocates
Under PMLA, a person is required to give truthful statement if such person is summoned by the Director.
Nishith Desai Associates
Exclusive Series Hosted By NDA – Bilateral Investment Treaties And International Commercial Arbitration
L&L Partners
Article 21 of the Constitution of India ("Constitution") confers, on every person, the fundamental rights of life and personal liberty.
The Petitioner had entered into three Time Charter Party Agreements (hereinafter referred to as the "Agreements") with the Respondent which were identical to each other.
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Vaish Associates Advocates
That is how, in a private complaint case, the accused will have two cross-examinations.
VGC Law Firm
The same have been briefly discussed in the present article.
Singh & Associates
The jurisdiction of 226 and 227 is vast and has to be exercised sparingly.
Singh & Associates
The Hon'ble Supreme Court of India in its recent judgment of Social Action Forum for Manav Adhikar and Another v Union of India Ministry of Law and Justice and Others revisited the important issue relating to ...
At the end of September, the Supreme Court of India, in Justice Puttaswamy (Retd.) and Anr. v Union of India and Ors., upheld the overall validity of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
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 ...
Law In Order
This client needed to review email data to provide a hyperlinked list of the most relevant documents for their barrister.
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.
LexCounsel Law Offices
International and cross border crimes pose a unique challenge with regard to detection, arrest, extradition and trial.
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 ...
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