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Tag: Dispute resolution

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

Determining authenticity on electronically signed contracts

By Zheng Lucai, CIETAC South China Sub-Commission

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

Restatements

Gauging substantive similarity in software copyright disputes

By Chen Jing, Commerce & Finance Law Offices

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

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

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

ClCC: New approach to resolving cross-border disputes

By Craig Zhou, Chris Wang, MHP Law Firm

Foreign seat of arbitration for domestic Indian disputes

By Ravi Singhania and Gunjan Chhabra, Singhania & Partners

Decision marks another step widening the arbitration net

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

Right of action for integrated circuit design licencees

By Blake Yang and Chancy Chen, MHP Law Firm

LATEST ON VANTAGE ASIA

Challenges and future for India’s neo-banks, Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas

Challenges and future for India’s neo-banks

By Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas

Digitisation and the growing use of mobile technology have led to a seismic shift in the banking and payments industry

Cryptocurrency-regulation-in-Taiwan,-Abe-Sung-and-Eddie-Hsiung,-Lee-and-Li

Cryptocurrency regulation in Taiwan

By Abe Sung and Eddie Hsiung, Lee and Li

At the time of writing this article, cryptocurrencies are currently not accepted as currencies in Taiwan

SCCA well-being

SCCA discusses workplace well-being

The Singapore Corporate Counsel Association (SCCA) is holding its first series of discussions to promote better well-being in the workplace and tackle unnecessary sources of stress, especially when lawyers have to deal with long hours of work during deals and transactions

Two major defences in patent infringement cases, 专利侵权案件中的两种抗辩的适用, Chen Jianmin, Gaowo IP Law Firm

Two major defences in patent infringement cases

By Chen Jianmin, Gaowo IP Law Firm
Legal due diligence before equity investment, 股权投资阶段,如何做好法律尽职调查, Cai Zongxiu, AnJie Law Firm

Legal due diligence before equity investment

By Cai Zongxiu, AnJie Law Firm 

MOST READ ON VANTAGE ASIA

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Indonesia’s top 100 lawyers

Asia Business Law Journal presents its A-List of the top 100 lawyers practising in Indonesia

Continual vigilance, 持续警惕

Continual vigilance

Controlling legal risk goes beyond the legal department, and in-house counsel need a pragmatic approach, without letting perfection be the enemy of progress. Prominent counsel Peter Zhang offers advice from his decades of experience 

Vaccinating your staff

Vaccinating your staff?

The government has allowed the private sector to step in and vaccinate staff. Pharma legal expert Shantanu Mukherjee and co-author Sampreetha Kumar explain how to navigate setting up a vaccination facility for your employees

Fighting fund

Fighting fund

Litigation financing has found favour in developed markets, but Asian jurisdictions remain guarded. With Hong Kong and Singapore leading the way, will others follow?

Zoom John Miersvideo

Spinning your Zoom

Communications expert John Miers offers some practical advice for engaging and retaining your virtual audience

SIAC Lim Seok Huivideo

Singapore’s secret recipe

The SIAC’s CEO talks about strategies for the centre’s success and emerging trends in arbitration