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 […]Read more
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 […]Read more
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 […]Read more
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 […]Read more
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 […]Read more
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 […]Read more
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, […]Read more
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 […]Read more
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.
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.
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 […]Read more
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.
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”.
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.
Alternative Forum of Gambling or ADR through Third Party Funding in International Arbitrations – what are your views? Share with us here!Read more
Members are Invited to express their opinions and share with the fellow members of AIADR and visitors to your Institute!Read more
This is the place for you to express or share breaking news and innovative ideas for ADR!Read more