Arbitration Law Malaysia: Arbitration Act 2005 and Procedures
Meaning and Definition of Arbitration
Definition: Arbitration is a private, consensual, party-driven method of dispute resolution where two or more parties agree to settle a dispute with the assistance of an arbitrator. Source of Authority: Unlike litigation, which derives authority from the State, arbitration’s legitimacy flows from the parties’ agreement. In Collins v Collins (1858) and as approved in Malaysian jurisprudence, arbitration is a ‘reference to the decision of one or more persons…
Read MoreConsumer Protection & Motor Vehicles Law: Rights, Remedies, Liability
Objectives of the Consumer Protection Act, 1986
The Consumer Protection Act, 1986 was enacted to safeguard consumers from exploitation in the marketplace. Its primary objective is to provide simple, speedy, and inexpensive redressal of consumer grievances. The Act aims to protect consumers against unfair trade practices, defective goods, and deficient services, and ensures that consumers receive correct information regarding the quality, quantity, and price of products and services.
Another major
Read MoreEU Internal Market Freedoms: Capital, Services, and Goods Regulation
1. Historical Development of Free Movement of Capital
Free movement of capital developed later and more cautiously than the other economic freedoms because the original Treaty rules were vague and ambiguous. Unlike goods, workers, establishment, and services, capital was not granted immediate liberalization or direct effect. During the 1960s and 1970s, the Court of Justice recognized direct effect for the other freedoms, but capital movements were excluded. Liberalization was meant to happen progressively
Read MoreFundamental Rights and Guarantees under Article 20 of the Spanish Constitution
Freedom of Expression and Information under Article 20 CE
Article 20.1 CE protects several different fundamental rights. Along with the recognition of those rights, this article governs their guarantees (Arts. 20.2, 20.3, and 20.5 CE) and its limits (Art. 20.4 CE).
Fundamental Rights Recognized (Article 20.1 CE)
Article 20.1 CE recognizes and protects the following rights:
- To freely express and disseminate thoughts, ideas, and opinions through words, writing, or any other means of reproduction.
- Freedom
Understanding Tax Credit Suspension and Exemptions
2) The cases specified in the CTN for suspension of the tax credit do not include:
C) the partial payment of the tax.
3) A triggering event occurs causing Augusto to pay the tax. However, a law was later edited, extinguishing half of the debt for individuals in Augustus’s situation without payment. It took six years, and the tax was not even the tax credit against Augustus, on the other half of the credit.
In this case, the situation is set up by extinguishing the debt:
A) remission and decay.
4) The
Read MoreResolving Conflicts: IBC vs. RERA in Real Estate Insolvency
IBC and RERA: Harmonizing Real Estate Regulation and Insolvency
Introduction to Real Estate Legislation
The real estate sector in India historically suffered from delayed projects, insolvency of developers, diversion of funds, and lack of accountability. To address these issues, two major legislations were introduced in 2016:
- The Insolvency and Bankruptcy Code, 2016 (IBC): A comprehensive mechanism for resolving insolvency of corporate persons through time-bound processes.
- The Real Estate (Regulation