Blog

26 September 2020 | Post in: Arbitration - International and Domestic

BREVI NOTA: Trends in Investor-State Dispute Settlement in the Asia Pacific

Over the past decade, some states have become sceptical of investor-state dispute settlement (‘ISDS’) mechanisms. One of the recurring themes in the current debate around investor-state dispute settlement clauses is that they are tools of crafty multinationals or big capitalist investors, looking to dictate policy to governments or impede their sovereign regulatory power. There are […]

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09 September 2020 | Post in: General ADR Forums

BREVI NOTA: Transformation, Growth and Prospects of Asian International Arbitration Centre (AIAC)

I helmed the Asian International Arbitration Centre (‘AIAC’) from March 2010 to November 2018. AIAC was one of the first regional centres established in 1978 pursuant to Host Country Agreement with the Government of Malaysia and the Asian-African Legal Consultative Organisation (‘AALCO’). The other AALCO centres are located in Cairo (Arab Republic of Egypt), Lagos […]

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06 September 2020 | Post in: General ADR Forums

BREVI NOTA: Ring Side View on the Development of Arbitration in Malaysia

Over the last decade and half, Malaysia has been positioning itself as a safe seat for arbitration. Until 2018 there was a consistent and continued effort to fuse the legislative framework with the best international practices. While the journey starts much earlier, real progress was made when back in 2002, I was honored to be […]

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06 September 2020 | Post in: General ADR Forums

BREVI NOTA: Repeal of Section 42 of the Arbitration Act 2005

Last week, I shared a post about the development of arbitration legislation in Malaysia from its infancy to the current Act. Today, I would be writing about the major amendment made in 2018 to the Act, the cause and ramifications. One of the key amendments brought about by 2018 Amendments to the Arbitration Act 2005 […]

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18 August 2020 | Post in: Arbitration - International and Domestic

BREVI NOTA: A PRESIDENT’S SCRIBE: Key Takeaways of the Malaysia’s Covid-19 Bill 2020

Covid-19 Act How it differs from your jurisdiction? Malaysia recently tabled in parliament its Covid-19 Bill 2020 for first reading. The Bill aims to support the economic stimulus packages announced by the Malaysian government, mitigate the financial and social impact due to Covid-19 and seeks to provide temporary measures in reducing the impact of Covid-19 […]

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05 May 2020 | Post in: Miscellaneous

Vacancies for Immediate Appointments

Applications are invited from Malaysian candidates eager to be the pioneer in a young and rising Membership Based Institution of Asia, and with excellent communication skills (written and oral), capable of being self-starters and work independently with dedication and responsibility, without supervision. Head, Secretariat Eligibility Criteria: At least Degree/Advanced or Higher Graduate Diploma in Business […]

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01 March 2020 | Post in: Intellectual Property Rights

Exceptions and Copyrights for Authors and Artists

Copyright What is a fair use doctrine or standard? First noteworthy starting point is that to encourage learning from each other and for the benefit of the society, in certain laws, fair use of a copyrighted material is not an infringement of Copyrights of the author or creator of an art, music, phonogram, computer software, […]

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01 March 2020 | Post in: Intellectual Property Rights

Parallel Import – Dilution of Benefits for Intellectual Property Owners

First be clear about the concept of Parallel Import from Economist’s Perspective. It is not an illegal trade or counterfeit products but genuine, from original manufacturer or Intellectual Property Rights Owner! In the context of Intellectual Property Rights (“IPR”) in either Patented goods or branded products with Trademarks, owners of the IPR would like to […]

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14 June 2019 | Post in: Mediation and Conciliation

Farm Debt Mediation for India

By Krusch P Antony
Farm Debt Mediation is a hope for Indian farmers in distress, whereas the jargon of Farm Debt Waiver is the prevalent custom. Farm Debt write –off in the banking and finance segment are so common, and the terminology frequently find place in the election manifestos. This article is exploring the possibility of Farm Debt Mediation for India.

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13 June 2019 | Post in: Arbitration - International and Domestic

BOARD OF CONTROL FOR CRICKET IN INDIA V. KOCHI CRICKET PVT. LTD. – A MARCH TOWARDS EFFECTIVENESS OF ARBITRATION IN INDIA

By KARTIKEY SANJEEV BHALOTIA & SANDEEP GOLANI
This paper would analyse the Hon’ble court’s judgement and try to put forth its implications on the current scenario of dispute resolution in the country.

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10 May 2019 | Post in: Miscellaneous

Resolving Disputes in International Construction Contracts

The international nature of the construction sector coupled with the complexity of large projects is a fertile breeding ground for misunderstandings between the parties involved. Resolution of the disputes through the courts can be both time consuming and disruptive to the projects progress. Alternative dispute resolution methods are available which can be quicker and more […]

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20 April 2019 | Post in: Arbitration - International and Domestic

The Emergency Arbitrator

By Philip Teoh
Urgent action may need to be taken prior to the constitution of the tribunal to preserve evidence, goods which may be perishable, indirect publishing of confidential information by commencing legal action, all of which will defeat intended arbitration.

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20 April 2019 | Post in: Arbitration - International and Domestic

Arbitration Clause and Stamping of a Contract

By K. Singhania
“When an arbitration clause is contained “in a contract”, it is significant that the agreement only becomes a contract if it is enforceable by law. Under the Indian Stamp Act, 1899, an agreement does not become a contract, namely, that it is not enforceable in law, unless it is duly stamped”.

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20 April 2019 | Post in: Miscellaneous

Founders Agreement and Some Guidelines

By K. Singhania
In case of start-ups, the founders of a start-up enter into a founders’ agreement and thereafter upon getting investments enter into a shareholders’ agreement with the investor.

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20 April 2019 | Post in: Adjudication by Statute or Contract

Third Party Funding in International Arbitration

Alternative Forum of Gambling or ADR through Third Party Funding in International Arbitrations – what are your views? Share with us here!

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08 April 2019 | Post in: General ADR Forums

All About Disputes Avoidance and Resolution

Members are Invited to express their opinions and share with the fellow members of AIADR and visitors to your Institute!

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29 January 2019 | Post in: Adjudication by Statute or Contract

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