Asia: Litigation, Mediation & Arbitration

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Mere General Reference To Tender Documents Does Not Incorporate An Arbitration Clause Into The Contract
In a recent ruling , the Supreme Court examined whether a Letter of Intent (LOI), read together with tender documents containing an arbitration clause, was sufficient to constitute a concluded contract and a valid arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996. The appeal arose from an order of the Bombay High Court appointing a sole arbitrator under Section 11 of the Act.
India Litigation
C
Clasis Law
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Article
Product Recall Expenses Under CGL Insurance: Coverage Issues And Insights From A Recent Chinese Court Decision
Commercial General Liability insurance (“CGL”) is one of the most widely used forms of commercial liability insurance internationally. Originating from the standardized policy forms developed by the Insurance Services Office (“ISO”) in the United States, CGL policies generally provide coverage for third-party claims arising from bodily injury or property damage caused by an “occurrence” in connection with the insured’s business operations. In China, CGL insurance has increasingly been adopted by manufacturing enterprises, particularly those engaged in export-oriented businesses.
China Insurance
AB
AnJie Broad Law Firm
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Article
Flexible Work Requests – Lessons For The APS
Recent Australian Public Service census data reveals a growing trend in flexible work arrangements, supported by new enterprise agreement provisions. Two landmark Fair Work Commission decisions in Naden and Westpac now provide critical guidance on how employers must handle flexible work requests, highlighting the mandatory requirements and potential consequences of non-compliance that could result in orders granting employee requests even when business grounds exist for refusal.
Australia Employment
HR
Holding Redlich
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Article
Navigating The Rules Of Discovery
Discovery in litigation requires parties to identify, preserve and produce thousands of documents over expansive time periods, from emails to hard-copy records. Failing to properly disclose relevant documents can result in adverse costs orders, evidence exclusion and even contempt proceedings. Understanding the four key questions to ask of every document—whether it qualifies as a document, if you control it, its relevance, and whether it's privileged—can help navigate this burdensome and expensi
Australia Litigation
M
McCabes
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