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Australia
Kells
Early planning is not a vaccine for litigation, but it can significantly reduce exposure to legal costs in disputes.
Stacks Law Firm
Compensation for a traumatic brain injury from a motor vehicle accident can assist a victim in moving on with their life.
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
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
India
Shardul Amarchand Mangaldas & Co
This paper aims to provide insight to a type of damages, i.e. 'exemplary damages', which is awarded by the judiciary on not so frequent occasions. This is followed by a comparison with various other types of damages.
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.
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.
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...
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.
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 present case is an appeal to the SC against the order passed by the Rent Control Authority.
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 ...
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...
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,…
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
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