Mondaq Asia Pacific: Litigation, Mediation & Arbitration
This recent decision, subject to a special leave application, highlights the risks inherent in the discovery process,
The decision in Waller v James should provide useful future guidance in wrongful birth claims.
On 19 April the Federal Court of Australia handed down judgment in Eopply New Energy Technology Co Ltd v EP Solar Pty Ltd.
A discussion on the dispute between the China International Economic and Trade Arbitration Commission in Beijing and its Shanghai and South China Sub-Commissions.
The article discusses the Court Guidelines which will regulate the adjudication of independent bank guarantee disputes.
A discussion on the fast-growing arbitration industry in China.
As cross-border business in China has exploded, so has the frequency of business disputes there.
A discussion on a recent judgment which held that the right to appoint an Arbitrator is forfeited if the same is not exercised in accordance with the procedure agreed upon by the parties.
A discussion on a number of judicial decisions.
Law of arbitration as it has developed globally, recognizes that there is a difference between the law of contract and the law governing the conduct of the Arbitral Tribunal.
This article discusses LEADR, a mediation model, an alternative process to litigation to resolve commercial disputes.
The Law Commission has given the Evidence Act 2006 a warrant of fitness in the first of the mandatory five-year reviews.
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The decision highlights the importance of timing and the need to serve Calderbank offers once evidence has been served.
The Part I of the Arbitration Act is applicable only to all the arbitrations which take place in the territory of India.
The Court considered the circumstances when exemplary damages would be awarded in professional negligence proceedings.
The selection criteria for In House Counsel choosing mediators is 'a-changin'.
Assume all communications between legal advisers and experts have the potential to be disclosed to the opposing party.
There are new requirements in NSW for witnessing the signing of affidavits, statutory declarations and affirmations.
Part 2A required parties to take reasonable steps to resolve or narrow the dispute before commencing court proceedings.
With Anshun estoppel, a party can be prevented from making claims which should have been pursued in former proceedings.
Alternative dispute resolution processes provide businesses with options to put them in control of resolving disputes.
With international trade and commerce growing rapidly across continents and borders, international commercial arbitration flows naturally.