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Tag: high court

Judging retirement

Mandatory retirement ages for judges may be depriving the system of its finest assets. What are the pros and cons?

References not enough to compel arbitration

Where there is merely a possibility of the parties agreeing to arbitration in the future, in contrast to an obligation to refer disputes to arbitration, there is no valid and binding arbitration agreement

Top court steps in to settle jurisdiction disputes

The tug of war over jurisdiction has surfaced many times in arbitration proceedings, necessitating the Supreme Court to step in repeatedly to settle disputes

Solving the problem of interest and insolvency

As the IBC clearly differentiates between financial debt and operational debt obligations, the question becomes whether interest can be included in both these types of debt for the admission of a company into insolvency under the IBC

Jayashree Dasgupta quits Dhir & Dhir to launch independent litigation chambers

Dhir & Dhir Associates’ partner Jayashree Dasgupta has left the firm after serving an 18-year career to open her own independent litigation chambers in South Delhi

Traversing IP regime in time of war and crisis

By Tusha Malhotra and Yamini Jaswal, Anand and Anand in New Delhi

Arbitral awards bound by contract

The Indian Supreme Court has set aside an arbitral tribunal’s award for acting beyond the confines of a contract executed between parties

Ignoring precedent risks stability in real estate

By Pratik Ghose and Avishek Roy Chowdhury, HSA Advocates

Service of extraterritorial judicial documents in mainland China

By Zhang Guanglei and Zhang Jinhui, Jingtian & Gongcheng

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Knowing is half the battle

Sadaff Habib, an independent arbitrator based in Dubai, points out the major challenges in local arbitration and offers key tips for Chinese businesses

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