Clear all

Refine your search

Tags
Firm name
Author
Jurisdiction

7,618 results found

Commentary
Ask Lexy

Allen & Overy LLP | Slovakia | 16 Sep 2021

Slovak Supreme Court continues arbitration-friendly approach

A recently published order of the Supreme Court has continued the trend of courts deferring to arbitral findings and a general friendliness towards arbitration. The court order provides welcome reassurance that, on annulment, the Slovak courts will not interfere with substantive findings of arbitral tribunals, and that clerical errors are not grounds for annulment.
Commentary
Ask Lexy

Shearn Delamore & Co | Malaysia | 14 Sep 2021

Now you see me, now you don't: what can be done if a bank fraudster's identity is unknown?

In the age of the Internet and technology, banking scams and fraud abound. Where such bank fraud is committed, it is often the case that the fraudster disappears and their identity remains unknown. How courts grant relief where the identity of the perpetrator of a bank fraud is unknown was addressed in two Malaysian court decisions in 2021. It is hoped that the principles set down in these......
Commentary
Ask Lexy

RPC | Hong Kong | 14 Sep 2021

Witnesses overseas and trials during covid-19 pandemic

A couple of recent High Court decisions demonstrate some of the issues that arise when a party applies for one or more of their witnesses to give evidence at trial by videoconferencing facilities, or seeks an adjournment of a trial, because a witness is overseas and experiencing difficulties in returning to Hong Kong in time for a trial date given the covid-19 pandemic.
Commentary
Ask Lexy

Gan Partnership | Malaysia | 14 Sep 2021

Covid-19 act: inability to perform contractual obligations is tested in courts

Part II of the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Act 2020 offers relief to contracting parties that cannot perform contractual obligations. However, there are many uncertainties in the legal and business sectors regarding the precise scope of its operation. The cases discussed in this article show that the courts have generally been vigilant in......
Commentary
Ask Lexy

Gan Partnership | Malaysia | 7 Sep 2021

Winding-up petition based on adjudication decision under CIPAA – Court of Appeal reaffirms Likas Bay

The Court of Appeal recently affirmed the position that where a party has obtained an adjudication decision in its favour, that party may seek to bring a winding-up petition premised on that adjudication decision. This is in line with the fundamental principle that a winding-up petition need not be based on a judgment of court, and it is clear now that winding-up proceedings remain an option......
Commentary
Ask Lexy

RPC | Hong Kong | 7 Sep 2021

Important litigation updates in Hong Kong

August 2021 has seen two important developments relating to dispute resolution and court practice in Hong Kong: the abolition of the "fraud exception" to summary judgment, which removes the jurisdictional obstacle to applying for summary judgment where fraud is alleged against the defendant, and the passing of the Legal Practitioners (Amendment) Bill 2021, which allows senior legal officer......
Commentary
Ask Lexy

Clasis Law | India | 7 Sep 2021

Supreme Court holds that "financial debt" under IBC includes an interest-free loan

In a recent judgment, the Supreme Court clarified that a "financial debt" would include an interest-free loan advanced to finance the business operations of a corporate body. The Court held that having regards to the aims, objects and scheme of the Insolvency and Bankruptcy Code, there is no discernible reason why a term loan to meet the financial requirements of a corporate debtor for its......
Commentary
Ask Lexy

Wikborg Rein | United Kingdom | 1 Sep 2021

High Court provides further guidance on implied terms under English law

In the shipping and offshore industry, guarantees are frequently given as security to legally promise the performance of a separate or primary contract. If a party to a primary contract defaults on its obligations, the guarantee provides an additional and, in theory, less costly and complex avenue for recovering any amounts owed to a beneficiary. A recent High Court decision on this matter......
Commentary
Ask Lexy

Skadden Arps Slate Meagher & Flom LLP | Germany | 31 Aug 2021

Climate change litigation in Germany

This article analyses whether climate-related decisions against corporations may be possible in Germany by providing a summary of concluded and pending climate litigation as well as potential claims and their respective legal hurdles relating to claims for injunctive relief and damages. In brief, based on existing case law, potential claims often fail due to not establishing a sufficient......
Commentary
Ask Lexy

Clasis Law | India | 31 Aug 2021

Can courts adjourn proceedings if arbitral tribunals fail to address primary issues?

The Airports Authority of India approached the Delhi High Court to set aside an arbitral award passed in favour of Bentwood Seating Systems (BSS) Pvt Ltd under section 34 of the Arbitration and Conciliation Act 1996. BSS filed an application under section 34(4) of the act, seeking an adjournment of the petition so that the arbitral tribunal could resume proceedings and provide further reasons......
Previous page 1 2 3 ...