Page 83 - Arbitration Act News Today

Regulation Is third-party litigation funding permitted? Is it commonly used? Third-party litigation funding is permitted and endorsed by the judiciary and policymakers as a tool of access to justice. Consistent with modern public policy, English courts have a generally positive attitude to third-party funding. The Competition Appeal Tribunal recently described third-party litigation funding as ‘a well-recognised feature of modern litigation that facilitates access to justice for those who oth...

Guyana to become arbitration hub Hits: 1245 From left: Retired Justice Courtney Abel and Attorney General and Minister of Legal Affairs, Mohabir A. Nandlall. GEORGETOWN, Guyana--A proposal to revamp Guyana’s arbitration laws and practice has been accepted by the government of Guyana. The Attorney General and Minister of Legal Affairs, Anil Nandlall has engaged the services of retired Justice of the Supreme Court of Belize, Courtney Abel, to undertake the task of upgrading Guyana’s...

To print this article, all you need is to be registered or login on Mondaq.com. The words of J. Burrough aptly justify the unpredictability of the interpretation of the term public policy when he says, " Public Policy is an unruly horse where once you stride on it you do not know where its going to take you." For decades India has been perceived as a jurisdiction which is not arbitration friendly and where enforcement of foreign arbitral awards is problematic. As per sec...

Himangi Enterprises) 2 and held that the tenancy disputes are now arbitrable as the Transfer of Property Act, 1882 ( TP ACT) does not foreclose arbitration, save and except for those tenancy disputes which are governed by rent control legislations as specific forums have been given exclusive jurisdiction to decide the special rights and obligations of the parties. 3 and held that while deciding an issue of public policy or public interest, reference to dispute resolution mechanisms cannot be he...

Arbitration and landlord-tenant disputes: What you need to know about the recent Supreme Court ruling The Supreme Court has clarified that, unless it is specifically determined by a court of law that a landlord-tenant dispute cannot be referred to arbitration, an arbitration clause in an agreement shall be valid and fully enforceable. Supreme Court of India Here is an analysis of the practical implications arising from the recent judgment of the Supreme Court whereby it upheld the arbitrability...

Justices Sanjiv Khanna and in rem but pertain to subordinate rights in personam that arise from rights in rem. It further held that an award passed in such disputes can be executed and enforced like a decree of the civil court. " Such actions normally would not affect third-party rights or have erga omnes affect or require centralized adjudication. An award passed deciding landlord-tenant disputes can be executed and enforced like a decree of the civil court. Landlord-tenant disputes do...

Stevens & Bolton You have recruited a new sales person from your competitor. The new employee arrives on their first day and – smilingly – presents you with some rather useful information from their former employment... Stevens & Bolton Findings made against the claimants witnesses in the recent High Court decision of PJSC Tatneft v Gennady Bogolyubov and others [2021] EWHC 411 (Comm) underline the importance of taking... Stevens & Bolton In its recent judgment in the case of Okpabi v Ro...

Green Party President Peter Sinkamba has warned that the continued acts of KCM liquidator Milingo Lungu at KCM are illegal and that his continued activities at KCM will surely be costly not only to ZCCM-IH but the nation as well in the long run. Reacting to a media statement by Vedanta Resources Holdings Limited with regards to rumours in Zambia that the Provisional the Liquidator is set to split the KCM business into two separate units and is considering divesting one or both of these units to...

Dec.10.2020 Shortly after its important decision on the governing law of arbitration agreements in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38 (as covered in our recent alert here), the U.K. Supreme Court has handed down another judgment long awaited by arbitration participants and practitioners – namely, Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, which is set to become the leading authority on arbitrators’ duties of impartiality and ...

Attorney, you know, said that theyre going to refile a petition to depose trump. richard, like what happened? >> under the national arbitration act, hes going to get that ability to do that, and the judge will order it this time around. michael cohen, if he doesnt already have a relationship with the grievance committee, discipline committee in the state of new york, hes going to now, because you cant do these things on behalf of a client without advising them about it. so hes got problems with ...