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Tag: Arbitration

Factual witnesses in commercial arbitration

In commercial arbitration, the claimant and the respondent shall each provide evidence for the facts on which they apply, reply or counterclaim. Witness testimony often plays an indispensable role in providing facts and restoring the truth of a case

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

Adjusting to internet arbitration cases

The oral hearings of arbitration cases in mainland China were cancelled after the spring festival due to social distancing measures to control the COVID-19 pandemic. Since then, arbitration institutions have been seeking an alternative to hear cases while complying with the epidemic prevention policy.

Pandemics unforeseen

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

Can video links in arbitration hearings help in a pandemic?

Many arbitration cases have been paused due to social distancing measures, which are widely regarded as the key to fighting the ongoing COVID-19 pandemic.

‘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?

Overlap between insolvency code and arbitration law

By Charanya Lakshmikumaran and Puneeth Ganapathy, Lakshmikumaran & Sridharan

Shifting landscape of international arbitration in China

This article tries to debrief the developments of its international cases in the past five years and to demonstrate the landscape changes of international arbitration practice in China

A case of intervention?

Has a recent Malaysian federal court decision watered down the non-interventionist policy enshrined within its arbitration regime?

Courting mediation

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

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

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Home and safe?

Are companies facing higher cybersecurity risks with most employees working from home?

KICA

KICA hosts webinar on COVID-19 legal issues

The Korea In-house Counsel Association (KICA) has hosted a sponsored webinar on pandemic-related legal issues with White & Case, Kim & Chang, Jipyong and Yulchon participating. Topics discussed included US contract and domestic contract law issues (including force majeure), personnel labour issues related to COVID-19, and in-house data management compliance

Using integrated IP strategies to realize business objectives

By Frank Liu, Tiantai Law Firm

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India

Indian Law Firm Awards 2020

In this difficult and dynamic environment, India Business Law Journal’s editorial team was once again tasked with selecting the winners of the Indian Law Firm Awards. Our decisions are based on thousands of nominations and endorsements received from in-house counsel, other senior corporate executives and legal professionals around the world, as well as hundreds of submissions from Indian law firms

top 100 lawyers

The A-List 2020: Indonesia

Asia Business Law Journal reveals the top 100 lawyers practising in Indonesia

non-compete

Keeping competitors at bay

It is well-settled law that a non-compete obligation in an employment contract in India is unenforceable after termination of the employment. However, an acquirer in an M&A transaction can require a promoter to not compete with the business that he is selling

home

Home & safe?

With COVID-19 forcing companies to implement work-from-home policies, Jim Fitzsimmons helps us understand the cybersecurity risks posed by a remote workforce

woman lawyers

Power & parity

Senior women lawyers across Asia share personal stories of successes and struggles for a more inclusive legal profession

relief

Slowing the free fall

With the COVID-19 outbreak, the government has introduced a lockdown to limit the spread of the virus among the population, while introducing a raft of measures to protect businesses