Issue 8 (3/21) The common wisdom is that arbitration is the preferred mode of resolution in international business disputes. The development of international trade and domestic economic activity globally, has led to a significant increase in the number of the cases resolved by way of arbitration. In the Malayan Law Journal publication entitled “The Relevance…
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…
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…
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.
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”.
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