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The Principle of Separability
An arbitration agreement is regarded as legally independent from the underlying contract in which it is contained.
The Competence-Competence Principle
Arbitration has become increasingly significant due to its consensual nature, the expertise offered by arbitrators, and its ability, in many cases, to provide a faster and more flexible dispute resolution mechanism than state court proceedings.
Guidance on CBAM and Possible Implications for Türkiye
The primary purpose of the Guidance is to explain in detail how emissions data from installations producing CBAM goods in third countries should be verified
The Court Gave (Privilege), and the Court Has Taken (Privilege) Away
In two recent cases, the courts and tribunals have given important updates on circumstances in which privilege exists, and when privilege can be lost.
Engagement Letters Describing a Client’s Obligations May Facilitate An Attorney’s Withdrawal From the Representation
Even in jurisdictions where they are not required by law or the ethics rules, engagement letters have become a key component in every law firm’s toolkit.
Introduction Of Documents In Evidence And The Intricacies Involved Therein
It is settled law that when one files a suit, the Plaint should be accompanied by all documents that are essential to prove one’s case.
2025 Taipei International Conference on Arbitration and Mediation
Hung Ou Yang, Managing Partner of Brain Trust International Law Firm, was invited to serve as one of the speakers at the 2025 Taipei International Conference on Arbitration and Mediation held by the Chinese Arbitration Association.
The Arbitration Clause in International Contracts
When the parties to a contract are domiciled in different countries, it's not enough to simply discuss price, deadlines, and guarantees.
Limitation Period for an Appeal under Section 37 of Arbitration and Conciliation Act1996
One of the primary objectives of the Arbitration and Conciliation Act, 1996 is to facilitate the swift resolution of disputes.
Risk Allocation in M&A Transactions: The Role of Indemnification
Indemnification means financially repairing the harm arising from the commission of an unlawful act. This legal duty is set forth in the law in a general and abstract fashion and is therefore seldom sufficient to address the particularities of each corporate acquisition or the interests and needs of the parties involved.
Turning Conflict into Resolution
Alternative Dispute Resolution (“ADR”) has been a parallel track to court systems for dispute resolution for centuries on end.
Section 9 (2) Of The Arbitration & Conciliation Act, 1996: A voluntary / Mandatory Provision?
Section 9 of the Arbitration and Conciliation Act, 1996 (“Act”) deals with interim measures granted by a court before or during arbitral proceedings or at any time after the making of the arbitral award but prior to enforcement thereof.
International Arbitration: Strengths and Weaknesses
International arbitration has established itself as a key tool for resolving disputes in the global business landscape. This alternative to judicial litigation offers a private, flexible, and specialized solution for cross-border conflicts.