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Tag: Dispute resolution

Looking to the East

The new president of the ICC Court, Claudia Salomon, discusses what changes she expects to see in the dispute resolution landscape in Asia

Rivals see red on biscuit packaging

By Manisha Singh and Dheeraj Kapoor, LexOrbis

Arbitration gets support in validity and fraud challenges

By Sonam Gupta, Sneha Jaisingh and Saloni Gupta, Bharucha & Partners

Challenges for dispute resolution services in 2021

By Cui Qiang, Commerce & Finance Law Offices

Finding middle ground

Singapore Mediation Centre’s executive director, Ban Jiun Ean, discusses the art of mediation, the impact of the Singapore Convention on Mediation, emerging trends in the sector and the possibilities for online dispute resolution

Finding middle ground

Singapore Mediation Centre chief Ban Jiun Ean offers his insights

Analysing the doctrine of forum non conveniens in judicial practice

By Zhang Guanglei and Cai Xiaoxia, Jingtian & Gongcheng

New judicial trends in objections to jurisdiction

By Li Chen and Wang Qiao, Dentons

Gauging substantive similarity in software copyright disputes

By Chen Jing, Commerce & Finance Law Offices

Extraterritorial public documentary evidence under new provisions

By Zhang Guanglei and Chen Cheng, Jingtian & Gongcheng

Defending rights via uniform domain name dispute resolution

By Frank Liu and Jerry Huang, Tiantai Law Firm

Impact of securities law revisions on China arbitration

The first Securities Law of the PRC come into effect on 1 July 1999, and has since undergone five amendments. The latest revision came into effect on 1 March 2020. It is more striking than all previous revisions, with many highlights.

A comparison of developments in dispute resolution

A close look at the emerging trends in litigation and alternative dispute resolution around Asia

Mediation for cross-border investment disputes in covid-19

By Jefferey Quan and Chen Congfa, ETR Law Firm

Litigation and other options in IP dispute resolution

By Frank Liu, Tiantai Law Firm

Beneficiaries of public welfare schemes are consumers

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

Focus on BAC rules appeal mechanism

A highlight of the BAC investment arbitration rules is that they provide an appeal mechanism under article 46 and appendix E, allowing the parties to appeal by consent

EAP proves a handy tool in uncertain times

The emergency arbitrator procedure (EAP) is a mechanism in the field of international commercial arbitration available to parties seeking interim relief

Pandemics unforeseen

How will the courts respond to an anticipated deluge of disputes relating to frustration of contracts in a post-COVID-19 world?

Cryptocurrencies avoid a KO and win on points

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

‘Transplant’ of the arbitration agreement

Is the arbitration agreement entitled to be “transplanted”? And would the transplanted one still be recognized as an effective arbitration agreement?

When the appointment of a sole arbitrator is invalid

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Court rules committee of creditors is supreme

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

New reasons for hope in domestic arbitral awards

By Manoj Kumar, Hammurabi & Solomon

Pecking order

This article explores the tensions that arise between the powers of the court in policing the implementation and proper interpretation of the Insolvency and Bankruptcy Code 2016 (code), the limits on the rights of the corporate debtor during the insolvency process, and the powers of the insolvency resolution professional (IRP) in these circumstances

Courting mediation

The Singapore Convention brings hope to businesses looking for a faster route to dispute resolution

When should companies recoup pension fund losses?

Exempted employers have to make good on payment defaults by issuers only in the event of a shortfall in interest payout

Multiple dimensions of mediation

A good settlement strategy evolves depending on the interplay between different aspects of the dispute

Auditor’s professional lapses not fraud

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Singapore convention on mediation

Cross-border settlement can be directly enforced in the courts of signatories

Sales suitability obligation for financial products

By Wang Weibin and Qiu Dongmei, AllBright Law Offices

Arbitration interim measures: Mainland-HK co-ordination (part 2)

By China International Economic and Trade Arbitration Commission

Service of arbitration documents on foreign parties

By Beijing Arbitration Commission/Beijing International Arbitration Centre (BAC/BIAC)

Arbitration: Six shades of wisdom

Interviews with leaders of six arbitration centres

Customized designs of arbitration clauses

By Li Fei and Wang Gongjing, Langfang Arbitration Commission

ADR for commercial disputes in China

By Quan Zhaohui and Mo Xinying, ETR Law Firm

Arbitrate, or petition for winding-up?

By Cheung Kwok Kit, Deacons

Connecting HK arbitrations to mainland interim measures

By Nick Gall and Chris Wong, Gall

Mutual assistance for interim measures in arbitration

By China International Economic and Trade Arbitration Commission

Energy DRM adds more confusion than clarity

By Abhishek Tripathi and Mani Gupta, Sarthak Advocates & Solicitors

Production of documents in international arbitration

By Arthur Dong and Vicky Zhao, AnJie Law Firm

Non-signatories of a group are bound to arbitrate

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

Equal treatment of all parties to legislation

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Pressing issue

Why India’s arbitration ambitions are a hard sell

Dispute resolution evolution

Maxwell Chambers chairman discusses his chambers’ new initiatives in Singapore

Unstamped agreements cannot trigger arbitration

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Courts play prudent role in IBC’s logical evolution

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

Tipping Point

Lord Goldsmith pans India's Arbitration Bill

Supreme Court: Place of arbitration not always seat

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Time-barred debts and the insolvency code

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

Existence of dispute under insolvency code

By Abhishek Dutta, Vineet V Shrivastava and Manish Parmar, Aureus Law Partners

Supreme Court says arbitral award not operational debt

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

World-scale resolution

Experts tackle international dispute resolution

Shared justice

Common ADR mechanism connects Belt and Road countries

Yin v Yang

Mediation can help turn conflict into consensus

Regional commercial arbitration for the new landscape

By Cheng Wen, Langfang Arbitration Commission

Judicial mediation

Judicial mediation in civil law and common law jurisdictions

Practical tips on using dispute resolution clauses

By Cui Qiang, Commerce & Finance Law Offices

LATEST ON VANTAGE ASIA

Challenges in implementing resolution plans in India

By Saurav Panda, Shardul Amarchand Mangaldas & Co

In spite of the strong emphasis in IBC regarding time-bound implementation, there have been several challenges that have mired timely implementation of resolution plans

CBLJ-2021-July-August-M&A

M&A

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