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
Streamlining Cheque Bounce Litigation: The Supreme Court’s Deepening In Sanjabij Tari v. Kishore S. Borcar.
The Supreme Court of India in its recent decision in Sanjabij Tari vs. Kishore S. Borcar and anr. , effectively reiterates and clarifies the legal position under Section 138 of the Negotiable Instruments Act, 1881 (NI Act). The judgment deals with several key aspects, including: (i) the scope and strength of the statutory presumptions under Sections 118 and 139, (ii) how and to what extent an accused can challenge the complainant’s financial capacity, (iii) the limited grounds on which revisional courts can interfere with concurrent findings, and (iv) broader directions issued to tackle the growing backlog of cheque dishonour cases.
India Litigation
Saga Legal
Article
The Extend­ed 6 Year Lim­i­ta­tion Peri­od For SSMA Sec­tion 106 Stra­ta Claims Is Not Retrospective
A recent NSW District Court decision has clarified that the extension of the limitation period for strata claims from 2 to 6 years does not apply retrospectively to claims that had already expired before the legislative change took effect on 1 July 2025. The case also raises important questions about when owners become aware of their loss for limitation purposes, potentially departing from established precedent.
Australia Litigation
S
Swaab
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Litigation Dispute Resolution
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International Arbitration

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Arbitration & Dispute Resolution

Article
SPC Released Guiding Cases On Boosting Judicial IP Protection For Technological Innovation
China's Supreme People's Court has released seven guiding cases that establish new precedents for intellectual property protection, addressing critical issues from trade secret theft through employee poaching to malicious patent litigation. These landmark rulings introduce detailed enforcement mechanisms, clarify liability standards for online seed sales platforms, and strengthen remedies for copyright holders facing evidence obstruction.
China IP
PP
Panawell & Partners
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Professional Negligence

Article
The Expanding Scope Of Developer And Builder Liability: Owners Strata Plan No 66375 v King [2018] NSWCA 170
The New South Wales Court of Appeal's decision in The Owners Strata Plan No 66375 v King clarified critical aspects of statutory warranties under the Home Building Act 1989 (NSW), particularly regarding design defects and developer liability. The case examined whether developers could be held liable for defects originating in architectural design rather than construction workmanship, and whether statutory warranties extend beyond the express terms of building contracts.
Australia Real Estate
S
Swaab
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Civil Law

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Court Procedure

Article
The Extend­ed 6 Year Lim­i­ta­tion Peri­od For SSMA Sec­tion 106 Stra­ta Claims Is Not Retrospective
A recent NSW District Court decision has clarified that the extension of the limitation period for strata claims from 2 to 6 years does not apply retrospectively to claims that had already expired before the legislative change took effect on 1 July 2025. The case also raises important questions about when owners become aware of their loss for limitation purposes, potentially departing from established precedent.
Australia Litigation
S
Swaab
Article
The Expanding Scope Of Developer And Builder Liability: Owners Strata Plan No 66375 v King [2018] NSWCA 170
The New South Wales Court of Appeal's decision in The Owners Strata Plan No 66375 v King clarified critical aspects of statutory warranties under the Home Building Act 1989 (NSW), particularly regarding design defects and developer liability. The case examined whether developers could be held liable for defects originating in architectural design rather than construction workmanship, and whether statutory warranties extend beyond the express terms of building contracts.
Australia Real Estate
S
Swaab
Article
SPC Released Guiding Cases On Boosting Judicial IP Protection For Technological Innovation
China's Supreme People's Court has released seven guiding cases that establish new precedents for intellectual property protection, addressing critical issues from trade secret theft through employee poaching to malicious patent litigation. These landmark rulings introduce detailed enforcement mechanisms, clarify liability standards for online seed sales platforms, and strengthen remedies for copyright holders facing evidence obstruction.
China IP
PP
Panawell & Partners
See more

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