As one of the Contracting States, China has not rendered any definitive judicial interpretation on the definition of public policy.

The Voluntary Payment Rule is an equitable defense based on the general common law rule that a person cannot recover money which he has voluntarily paid with full knowledge of the facts.

Under current laws across Australia, the act of doxing could constitute a criminal offence.

As we explored in July 2008’s issue of SmartLaw, the ability of one party to use standard limitation of liability provisions to avoid liability for a breach has always been a tricky aspect of contract law.

On 27 September 2022, the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (Bill) was introduced into the House of Representatives.

This bulletin has links to media releases, reports, cases, legislation and issues of interest to NSW government lawyers.

This article summarises some of the proposed key reforms following the Attorney General's announcements.

On 19 June, the Court of Appeal handed down judgment in the case of "Carboex v Louis Dreyfus Commodities Suisse" [2012].

In the wake of a flurry of high profile data breaches in the local telecoms and healthcare sectors, the Australian Government announced on 22 October 2022 that it was moving quickly to increase...

The defendants are currently scheduled to appear before Southwark Crown Court in July 2023 in connection with these charges.

The insured, an English company, commenced proceedings against its English insurers in Florida.

"Under the long-standing ‘solvent-debtor exception,' plaintiffs [unsecured trade creditors] possess an equitable right to receive post-petition interest at the contractual or default state law rate...

An update on legal issues relating to carbon trading.

The recent spate of cyber attacks and data breaches in Australia has renewed focus on the Australian Government's ongoing review of the Privacy Act 1988 (Cth) (Privacy Act).

Singapore Arbitration 2/26 examines when vessel delays under a previous fixture may constitute anticipatory repudiatory breach of a subsequent charterparty. The award clarifies charterers' rights to terminate before the cancelling date and reaffirms the Monroe Obligation's application even without express ETA provisions.

Secret trials have no place in democracies like Australia, where open justice is a fundamental protection of human rights.

A foreign seat of arbitration is often preferred by multinational companies in contracts involving their subsidiaries incorporated in India.

Antitrust partner Joel Mitnick comments on recent outcomes and considerations with regard to the DOJ's current antitrust litigation and enforcement agenda.

Blockchain is a transformative new technology, like artificial intelligence (AI), big data analytics, machine learning and Internet of Things (IoT) innovations.

The growth of international arbitration has helped in reducing the transaction costs of business through quick resolution of disputes.