The document provides an overview of two alternative dispute resolution methods in Bangladesh: conciliation boards and arbitration.
It first discusses the Conciliation of Disputes (Municipal Areas) Board Act, 2004 which establishes conciliation boards to settle certain cases in municipal areas. It describes the purpose of the act, composition of boards, their jurisdiction, procedures, and that decisions can be appealed in some cases.
It then discusses arbitration, defining it and outlining provisions in the Arbitration Act, 2001 regarding interim court orders, serving notices, arbitration agreements, number of arbitrators, appointment procedures, terminating arbitrators, and more.
The document discusses the arbitration process between EPS and GI regarding a death insurance claim.
1) EPS must first appoint an arbitrator and notify GI within 30 days. If they fail to do so, either party can request the court to appoint an arbitrator.
2) Once appointed, the arbitrator will hold preliminary meetings to discuss procedures, dates, and evidence. They will then conduct hearings where both sides can present their case.
3) The arbitrator will make a final decision on whether the death was accidental or suicide based on the evidence provided. This decision will settle the insurance claim dispute between EPS and GI.
This document summarizes key aspects of arbitration based on a presentation by Dr. Deepa Pravin Patil. It defines arbitration as a dispute resolution process where impartial adjudicators chosen by the parties make a final and binding decision. It notes some fundamental features of arbitration include being an alternative to courts, allowing parties to control the process, and having enforceable awards. The document discusses the Arbitration and Conciliation Act of 1996 in India and types of arbitration like institutional, ad hoc, and international. It provides an overview of topics like arbitration agreements, composition of tribunals, the tribunal's jurisdiction, conduct of proceedings, making awards, termination of proceedings, and challenging awards.
ADR UNDER VILLAGE COURT ACT (Origin of village court)Laboni16
Structure of the Village Court
The “Village Court” is composed with five juries headed by the UP Chairman. Four members are nominated by the two parties- one from the local community and the other must be a local elected UP member .
If there is a reason where the involvement of Chairman is challenged by any party to the dispute, any reliable member of the Union Parishad other than those mentioned under Section-5(1) can be appointed (by UNO) in the prescribed manner, shall be the Chairman of the Village Court.
If the cases/complaints (for criminal matters) are relevant to child and, or women, the relevant party should appoint a woman as representative of the Village Court. If parties fail to nominate members within time then Chairman gives a certificate for filing case.
This document outlines the Ward Tribunals Act of 1985 which establishes Ward Tribunals in Tanzania. Some key points:
- Ward Tribunals are established for each ward to mediate and settle disputes at the local level. They have jurisdiction over certain civil and criminal matters as outlined in a schedule.
- Tribunals are composed of 4-8 members elected by the Ward Committee plus a Chairman appointed from those members. A Secretary is also appointed.
- Tribunals have the power to impose fines up to 2000Tsh, commit individuals to communal work for up to 10 days, or refer matters to the Primary Court. They must pursue mediation and settlement before imposing penalties.
- The
1) The document discusses various provisions and case laws related to the appointment of arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996.
2) It notes that under Section 11(6), if the parties have agreed on an appointment procedure, the court must take necessary measures to implement that procedure rather than directly appoint an arbitrator.
3) The document also discusses cases related to issues like limitation, jurisdiction of courts to appoint arbitrators, and maintaining arbitration agreements.
Indonesian Take on Alternative Dispute Settlements Part Two : Selection of Ar...anggihakim1
In arbitration, parties are entitled to determine how to proceed with the arbitration. It includes choosing an arbitration institution and rules and procedures to solve disputes. According to Art. 34 Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Settlement (“Law 30/1999”), “(1) Settlement of disputes through arbitration can be carried out using national or international arbitration institutions based on the agreement of the parties. (2) Settlement of disputes through the arbitration institution shall be carried out according to the rules and procedures of the chosen institution, unless otherwise stipulated by the parties”. Furthermore, pursuant to the elucidation of Art. 34 par. (2) parties are free to choose the applicable rules and procedures without having to use the rules and procedures of the chosen arbitration institution.[1] This would be because parties may have some of the procedures agreed upon in their contract.
In Indonesia, most arbitrations are institutional. Currently, some of the features of the most used arbitration rules and procedures are as follows:
The document discusses alternative dispute resolution through arbitration. It addresses the number of arbitrators that can be appointed, which is determined by the arbitration agreement but defaults to one arbitrator for domestic arbitration and three for international arbitration. It outlines the process for appointing arbitrators, including by agreement of the parties, each party appointing one, or appointment by the Director of KLRCA or High Court if agreement cannot be reached. It describes the grounds and process for challenging an arbitrator, as well as the typical processes involved in an arbitration proceeding, including exchanging statements, conducting hearings, closing the case, and rendering a final written award.
The document discusses Lok Adalats, which are permanent and continuous people's courts in India established under the Legal Services Authorities Act of 1987. Lok Adalats aim to provide an alternative dispute resolution mechanism that is faster and more cost-effective compared to regular courts. The document outlines the key provisions relating to Lok Adalats contained in Sections 19-22 of the Act, including how cases can be referred to Lok Adalats, the powers of Lok Adalats, and that their awards have the same status as a civil court decree. The benefits of Lok Adalats are also summarized, such as no court fees and a less formal procedure compared to courts. Finally, the differences between ordinary and permanent Lok Adal
The document discusses the arbitration process between EPS and GI regarding a death insurance claim.
1) EPS must first appoint an arbitrator and notify GI within 30 days. If they fail to do so, either party can request the court to appoint an arbitrator.
2) Once appointed, the arbitrator will hold preliminary meetings to discuss procedures, dates, and evidence. They will then conduct hearings where both sides can present their case.
3) The arbitrator will make a final decision on whether the death was accidental or suicide based on the evidence provided. This decision will settle the insurance claim dispute between EPS and GI.
This document summarizes key aspects of arbitration based on a presentation by Dr. Deepa Pravin Patil. It defines arbitration as a dispute resolution process where impartial adjudicators chosen by the parties make a final and binding decision. It notes some fundamental features of arbitration include being an alternative to courts, allowing parties to control the process, and having enforceable awards. The document discusses the Arbitration and Conciliation Act of 1996 in India and types of arbitration like institutional, ad hoc, and international. It provides an overview of topics like arbitration agreements, composition of tribunals, the tribunal's jurisdiction, conduct of proceedings, making awards, termination of proceedings, and challenging awards.
ADR UNDER VILLAGE COURT ACT (Origin of village court)Laboni16
Structure of the Village Court
The “Village Court” is composed with five juries headed by the UP Chairman. Four members are nominated by the two parties- one from the local community and the other must be a local elected UP member .
If there is a reason where the involvement of Chairman is challenged by any party to the dispute, any reliable member of the Union Parishad other than those mentioned under Section-5(1) can be appointed (by UNO) in the prescribed manner, shall be the Chairman of the Village Court.
If the cases/complaints (for criminal matters) are relevant to child and, or women, the relevant party should appoint a woman as representative of the Village Court. If parties fail to nominate members within time then Chairman gives a certificate for filing case.
This document outlines the Ward Tribunals Act of 1985 which establishes Ward Tribunals in Tanzania. Some key points:
- Ward Tribunals are established for each ward to mediate and settle disputes at the local level. They have jurisdiction over certain civil and criminal matters as outlined in a schedule.
- Tribunals are composed of 4-8 members elected by the Ward Committee plus a Chairman appointed from those members. A Secretary is also appointed.
- Tribunals have the power to impose fines up to 2000Tsh, commit individuals to communal work for up to 10 days, or refer matters to the Primary Court. They must pursue mediation and settlement before imposing penalties.
- The
1) The document discusses various provisions and case laws related to the appointment of arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996.
2) It notes that under Section 11(6), if the parties have agreed on an appointment procedure, the court must take necessary measures to implement that procedure rather than directly appoint an arbitrator.
3) The document also discusses cases related to issues like limitation, jurisdiction of courts to appoint arbitrators, and maintaining arbitration agreements.
Indonesian Take on Alternative Dispute Settlements Part Two : Selection of Ar...anggihakim1
In arbitration, parties are entitled to determine how to proceed with the arbitration. It includes choosing an arbitration institution and rules and procedures to solve disputes. According to Art. 34 Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Settlement (“Law 30/1999”), “(1) Settlement of disputes through arbitration can be carried out using national or international arbitration institutions based on the agreement of the parties. (2) Settlement of disputes through the arbitration institution shall be carried out according to the rules and procedures of the chosen institution, unless otherwise stipulated by the parties”. Furthermore, pursuant to the elucidation of Art. 34 par. (2) parties are free to choose the applicable rules and procedures without having to use the rules and procedures of the chosen arbitration institution.[1] This would be because parties may have some of the procedures agreed upon in their contract.
In Indonesia, most arbitrations are institutional. Currently, some of the features of the most used arbitration rules and procedures are as follows:
The document discusses alternative dispute resolution through arbitration. It addresses the number of arbitrators that can be appointed, which is determined by the arbitration agreement but defaults to one arbitrator for domestic arbitration and three for international arbitration. It outlines the process for appointing arbitrators, including by agreement of the parties, each party appointing one, or appointment by the Director of KLRCA or High Court if agreement cannot be reached. It describes the grounds and process for challenging an arbitrator, as well as the typical processes involved in an arbitration proceeding, including exchanging statements, conducting hearings, closing the case, and rendering a final written award.
The document discusses Lok Adalats, which are permanent and continuous people's courts in India established under the Legal Services Authorities Act of 1987. Lok Adalats aim to provide an alternative dispute resolution mechanism that is faster and more cost-effective compared to regular courts. The document outlines the key provisions relating to Lok Adalats contained in Sections 19-22 of the Act, including how cases can be referred to Lok Adalats, the powers of Lok Adalats, and that their awards have the same status as a civil court decree. The benefits of Lok Adalats are also summarized, such as no court fees and a less formal procedure compared to courts. Finally, the differences between ordinary and permanent Lok Adal
This document provides an overview of the UNCITRAL Model Law and international commercial arbitration. Some key points:
- UNCITRAL is the core UN body dealing with international trade law and established model laws like the Model Law on International Commercial Arbitration to harmonize arbitration standards.
- The Model Law aims to address inconsistencies and gaps in national arbitration laws to better facilitate cross-border arbitration. It serves as a model for domestic arbitration legislation.
- The Indian Arbitration Act is based largely on the UNCITRAL Model Law and aims to consolidate arbitration laws in India according to international standards.
- The Model Law covers important aspects of the arbitration process like the
This document outlines the judicial department and powers of the Philippine courts according to the 1987 Constitution. It discusses that judicial power is vested in the Supreme Court and lower courts, and covers the jurisdiction, independence, fiscal autonomy, composition, and appointment process. Key points include that the Supreme Court has original and appellate jurisdiction, sits en banc or in divisions, and has administrative supervision over all courts. It also establishes a Judicial and Bar Council to recommend judicial appointments.
The document outlines the provisions for the judicial department in the Philippines constitution. It discusses the establishment of the Supreme Court and lower courts and vests judicial power in them. It covers the jurisdiction, powers and functions of the Supreme Court and lower courts. It also discusses the independence, composition and administration of the judiciary. The key bodies discussed are the Supreme Court, lower courts, and the Judicial and Bar Council.
The document discusses the composition and powers of the Philippine judiciary based on the 1987 Constitution. It notes that judicial power is vested in the Supreme Court and lower courts established by law. The Supreme Court has 15 justices and can sit en banc or in divisions. It has original jurisdiction over certain cases and appellate jurisdiction over others. The Supreme Court also has administrative supervision over all courts and rule-making powers. Requirements are outlined for justices of the Supreme Court and judges of lower courts. A Judicial and Bar Council is established to recommend judicial appointments.
New Microsoft PowerPoint Presentation.pptxTANUBHARDWAJ15
The document discusses key aspects of the Arbitration and Conciliation Act 1996 in India such as composition of arbitral tribunals, jurisdiction of tribunals, types of arbitral awards, and recourse against awards. It notes that the Act is based on the UNCITRAL Model Law on International Commercial Arbitration and aims to provide efficient dispute resolution. Key principles of the Model Law that the Act incorporates include party autonomy, separability of arbitration agreements, and enforceability of awards.
NaturaLyte and GranuFlo lawsuits in federal court have been consolidated into multidistrict litigation in federal court in Massachusetts. These lawsuits all claim money from the maker of GranuFlo and NaturaLyte, Fresenius Medical Care. NaturaLyte and GranuFlo were drugs used in the process of kidney dialysis. The FDA issued a Class I recall, its most serious, after it was discovered that NaturaLyte and GranuFlo could cause cardiac problems, including heart attacks and sudden death.
NaturaLyte and GranuFlo were recalled March 29, 2012. A copy of the FDA Recall Notice can be found among the documents uploaded by Michael J. Evans here on SlideShare.
Because the two dialysis drugs were presumably not used after March 29, 2013, there is some reason to believe that most, if not all, NaturaLyte and GranuFlo lawsuits could have been filed by March 30, 2012. Therefore, in states which have a two-year statute of limitations, there is an argument that the statute of limitations would run on a NaturaLyte or GranuFlo lawsuit no later than March 29, 2014. Of course, there are some states with longer statutes of limitation, and there are legal arguments, such as tolling, that may allow some people to file NaturaLyte and GranuFlo lawsuits after March 29, 2014.
It seems risky to this lawyer to wait to file a NaturaLyte or GranuFlo lawsuit. On July 29, 2013, the MDL judge entered this order setting a scheduling conference for August 30, 2013. One part of the Order that should be of particular interest to people with NaturaLyte or GranuFlo claims is this: the judge ordered all plaintiffs' attorneys to provide settlement proposals to the defendants' lawyers no later than two weeks prior to the hearing. That deadline ran on August 16, 2013. The lawyers for Fresenius Medical Care are ordered to respond to the proposals at the August 30 hearing.
If you were seriously injured by dialysis, or lost a family member due to dialysis, before the NaturaLyte and GranuFlo recall on March 29, 2013, you should have already had your possible lawsuit reviewed by a law firm which is experienced in representing injured people in pharmaceutical and medical device lawsuits. If you or your loved one experienced serious cardiac problems, including a heart attack or sudden death during or after dialysis while NaturaLyte and GranuFlo were still on the market, you may have a valuable claim for money but be unaware of it. You probably wouldn't be told by Fresenius that you or your family member were injured (or died) due to NaturaLyte or GranuFlo. You may wish to contact a law firm which is willing to spend the money to get copies of the medical records (at no cost to you) to see if NaturaLyte or GranuFlo were used. I am part of a group of law firms that handles such cases, and we would be glad to investigate your possible case of cardiac problems or death due to dialysis. If we don't collect money FOR you, we don't collect and money FROM you. It's a risk-free opportunity.
ARBITRATION AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
The document outlines the judicial system and powers of the courts in the Philippines according to the constitution. It discusses the structure of the court system with the Supreme Court at the top, followed by lower appellate and trial courts. It also describes the qualifications for Supreme Court justices, the jurisdiction and powers of the different courts, and aspects ensuring the independence of the judiciary such as fiscal autonomy and the process for appointing justices.
The document provides an overview of the Legal Services Authority Act of 1987 in India. It discusses the establishment of the National Legal Services Authority (NALSA) to provide legal aid to eligible citizens. Key points include:
1) NALSA oversees state-level legal services authorities that operate Lok Adalats, or people's courts, to settle disputes through conciliation and compromise rather than litigation.
2) The 2002 amendment established permanent Lok Adalats to expedite resolution for cases involving public utilities and settle matters at the pre-litigation stage.
3) Lok Adalats aim to provide speedy and low-cost justice, reduce case backlogs, and maintain cordial community relations through conc
The document summarizes key aspects of the Arbitration and Conciliation Act 1996 in India. It defines terms like arbitration, arbitral award, arbitral tribunal. It discusses the number of arbitrators, appointment and challenge procedures. It covers interim measures by courts and arbitral tribunals. It also summarizes provisions regarding the jurisdiction of arbitral tribunals, determination of procedures, place of arbitration, language and time limits for awards. The document concludes with a brief overview of provisions regarding setting aside awards, enforcement, appeals and conciliation under the Act.
This document discusses ex-parte proceedings and the procedure for setting aside ex-parte orders and decrees. It begins with introducing key concepts like natural justice, remedies for wrongs, and provisions in the Code of Civil Procedure regarding party appearance and non-appearance. It then defines key terms like suit, pleadings, summons, ex-parte, and decree. It discusses the objectives of pleadings and distinguishes between decrees and orders. Finally, it covers appearance and non-appearance of parties, noting that appearance can be made in person or through a representative and is necessary to submit to the court's jurisdiction.
The document summarizes the working and jurisdiction of Lok Adalats in India. Lok Adalats were established to provide an alternative dispute resolution mechanism based on mediation and arbitration. They have jurisdiction over civil, revenue, criminal and motor accident cases that are pending in courts or have not yet been filed. Lok Adalats are constituted by judicial officers and other members appointed by legal services authorities. Their goal is to settle cases through compromise in a friendly environment based on principles of justice, equity and good conscience. If a case cannot be settled, it is returned to the court it came from.
This document summarizes the key principles and mechanisms for the peaceful settlement of international disputes under international law and the UN Charter. It discusses the obligation of states to settle disputes peacefully through negotiation, inquiry, mediation, conciliation, arbitration, and judicial settlement. It provides details on specific diplomatic means like negotiation, mediation, inquiry and conciliation. It also explains the role of legal means like arbitration and the international Court of Justice. The ICJ's jurisdiction, composition, and procedures for contentious cases and advisory opinions are summarized. The document emphasizes that peaceful dispute settlement is a core principle of the UN and that states have obligations to exhaust peaceful means before resorting to force.
The document outlines key provisions of the 1987 Philippine Constitution relating to the judiciary. It establishes the Supreme Court as the highest court and grants it powers like judicial review. It provides for the establishment of lower courts and sets qualifications for judges. It also creates a Judicial and Bar Council to recommend judicial appointments. The Supreme Court is given authority over case decisions and discipline of lower court judges.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
This document provides an overview of the UNCITRAL Model Law and international commercial arbitration. Some key points:
- UNCITRAL is the core UN body dealing with international trade law and established model laws like the Model Law on International Commercial Arbitration to harmonize arbitration standards.
- The Model Law aims to address inconsistencies and gaps in national arbitration laws to better facilitate cross-border arbitration. It serves as a model for domestic arbitration legislation.
- The Indian Arbitration Act is based largely on the UNCITRAL Model Law and aims to consolidate arbitration laws in India according to international standards.
- The Model Law covers important aspects of the arbitration process like the
This document outlines the judicial department and powers of the Philippine courts according to the 1987 Constitution. It discusses that judicial power is vested in the Supreme Court and lower courts, and covers the jurisdiction, independence, fiscal autonomy, composition, and appointment process. Key points include that the Supreme Court has original and appellate jurisdiction, sits en banc or in divisions, and has administrative supervision over all courts. It also establishes a Judicial and Bar Council to recommend judicial appointments.
The document outlines the provisions for the judicial department in the Philippines constitution. It discusses the establishment of the Supreme Court and lower courts and vests judicial power in them. It covers the jurisdiction, powers and functions of the Supreme Court and lower courts. It also discusses the independence, composition and administration of the judiciary. The key bodies discussed are the Supreme Court, lower courts, and the Judicial and Bar Council.
The document discusses the composition and powers of the Philippine judiciary based on the 1987 Constitution. It notes that judicial power is vested in the Supreme Court and lower courts established by law. The Supreme Court has 15 justices and can sit en banc or in divisions. It has original jurisdiction over certain cases and appellate jurisdiction over others. The Supreme Court also has administrative supervision over all courts and rule-making powers. Requirements are outlined for justices of the Supreme Court and judges of lower courts. A Judicial and Bar Council is established to recommend judicial appointments.
New Microsoft PowerPoint Presentation.pptxTANUBHARDWAJ15
The document discusses key aspects of the Arbitration and Conciliation Act 1996 in India such as composition of arbitral tribunals, jurisdiction of tribunals, types of arbitral awards, and recourse against awards. It notes that the Act is based on the UNCITRAL Model Law on International Commercial Arbitration and aims to provide efficient dispute resolution. Key principles of the Model Law that the Act incorporates include party autonomy, separability of arbitration agreements, and enforceability of awards.
NaturaLyte and GranuFlo lawsuits in federal court have been consolidated into multidistrict litigation in federal court in Massachusetts. These lawsuits all claim money from the maker of GranuFlo and NaturaLyte, Fresenius Medical Care. NaturaLyte and GranuFlo were drugs used in the process of kidney dialysis. The FDA issued a Class I recall, its most serious, after it was discovered that NaturaLyte and GranuFlo could cause cardiac problems, including heart attacks and sudden death.
NaturaLyte and GranuFlo were recalled March 29, 2012. A copy of the FDA Recall Notice can be found among the documents uploaded by Michael J. Evans here on SlideShare.
Because the two dialysis drugs were presumably not used after March 29, 2013, there is some reason to believe that most, if not all, NaturaLyte and GranuFlo lawsuits could have been filed by March 30, 2012. Therefore, in states which have a two-year statute of limitations, there is an argument that the statute of limitations would run on a NaturaLyte or GranuFlo lawsuit no later than March 29, 2014. Of course, there are some states with longer statutes of limitation, and there are legal arguments, such as tolling, that may allow some people to file NaturaLyte and GranuFlo lawsuits after March 29, 2014.
It seems risky to this lawyer to wait to file a NaturaLyte or GranuFlo lawsuit. On July 29, 2013, the MDL judge entered this order setting a scheduling conference for August 30, 2013. One part of the Order that should be of particular interest to people with NaturaLyte or GranuFlo claims is this: the judge ordered all plaintiffs' attorneys to provide settlement proposals to the defendants' lawyers no later than two weeks prior to the hearing. That deadline ran on August 16, 2013. The lawyers for Fresenius Medical Care are ordered to respond to the proposals at the August 30 hearing.
If you were seriously injured by dialysis, or lost a family member due to dialysis, before the NaturaLyte and GranuFlo recall on March 29, 2013, you should have already had your possible lawsuit reviewed by a law firm which is experienced in representing injured people in pharmaceutical and medical device lawsuits. If you or your loved one experienced serious cardiac problems, including a heart attack or sudden death during or after dialysis while NaturaLyte and GranuFlo were still on the market, you may have a valuable claim for money but be unaware of it. You probably wouldn't be told by Fresenius that you or your family member were injured (or died) due to NaturaLyte or GranuFlo. You may wish to contact a law firm which is willing to spend the money to get copies of the medical records (at no cost to you) to see if NaturaLyte or GranuFlo were used. I am part of a group of law firms that handles such cases, and we would be glad to investigate your possible case of cardiac problems or death due to dialysis. If we don't collect money FOR you, we don't collect and money FROM you. It's a risk-free opportunity.
ARBITRATION AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
The document outlines the judicial system and powers of the courts in the Philippines according to the constitution. It discusses the structure of the court system with the Supreme Court at the top, followed by lower appellate and trial courts. It also describes the qualifications for Supreme Court justices, the jurisdiction and powers of the different courts, and aspects ensuring the independence of the judiciary such as fiscal autonomy and the process for appointing justices.
The document provides an overview of the Legal Services Authority Act of 1987 in India. It discusses the establishment of the National Legal Services Authority (NALSA) to provide legal aid to eligible citizens. Key points include:
1) NALSA oversees state-level legal services authorities that operate Lok Adalats, or people's courts, to settle disputes through conciliation and compromise rather than litigation.
2) The 2002 amendment established permanent Lok Adalats to expedite resolution for cases involving public utilities and settle matters at the pre-litigation stage.
3) Lok Adalats aim to provide speedy and low-cost justice, reduce case backlogs, and maintain cordial community relations through conc
The document summarizes key aspects of the Arbitration and Conciliation Act 1996 in India. It defines terms like arbitration, arbitral award, arbitral tribunal. It discusses the number of arbitrators, appointment and challenge procedures. It covers interim measures by courts and arbitral tribunals. It also summarizes provisions regarding the jurisdiction of arbitral tribunals, determination of procedures, place of arbitration, language and time limits for awards. The document concludes with a brief overview of provisions regarding setting aside awards, enforcement, appeals and conciliation under the Act.
This document discusses ex-parte proceedings and the procedure for setting aside ex-parte orders and decrees. It begins with introducing key concepts like natural justice, remedies for wrongs, and provisions in the Code of Civil Procedure regarding party appearance and non-appearance. It then defines key terms like suit, pleadings, summons, ex-parte, and decree. It discusses the objectives of pleadings and distinguishes between decrees and orders. Finally, it covers appearance and non-appearance of parties, noting that appearance can be made in person or through a representative and is necessary to submit to the court's jurisdiction.
The document summarizes the working and jurisdiction of Lok Adalats in India. Lok Adalats were established to provide an alternative dispute resolution mechanism based on mediation and arbitration. They have jurisdiction over civil, revenue, criminal and motor accident cases that are pending in courts or have not yet been filed. Lok Adalats are constituted by judicial officers and other members appointed by legal services authorities. Their goal is to settle cases through compromise in a friendly environment based on principles of justice, equity and good conscience. If a case cannot be settled, it is returned to the court it came from.
This document summarizes the key principles and mechanisms for the peaceful settlement of international disputes under international law and the UN Charter. It discusses the obligation of states to settle disputes peacefully through negotiation, inquiry, mediation, conciliation, arbitration, and judicial settlement. It provides details on specific diplomatic means like negotiation, mediation, inquiry and conciliation. It also explains the role of legal means like arbitration and the international Court of Justice. The ICJ's jurisdiction, composition, and procedures for contentious cases and advisory opinions are summarized. The document emphasizes that peaceful dispute settlement is a core principle of the UN and that states have obligations to exhaust peaceful means before resorting to force.
The document outlines key provisions of the 1987 Philippine Constitution relating to the judiciary. It establishes the Supreme Court as the highest court and grants it powers like judicial review. It provides for the establishment of lower courts and sets qualifications for judges. It also creates a Judicial and Bar Council to recommend judicial appointments. The Supreme Court is given authority over case decisions and discipline of lower court judges.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence Lawyers
ADR-Presentation Final.pptx
1.
2. The Conciliation of Dispute (municipal area) Board Act, 2004
Arbitration Act, 2001
Lt Cdr Swabnam Perveen Swopna
ADR and Legal Aid (LLB 3111)
Department of Maritime Law and Policy
Faculty of Maritime Governance and Policy
Submitted to
Topic
4. Table of
contents
The Conciliation of Disputes (Municipal Areas) Board Act, 2004
Introduction 01
Purpose of the Conciliation Act
Composition of Conciliation Board 02
Constitution of Board 03
Jurisdiction of the Board 04
Disputes to be settled by the conciliation Board : 05
Procedure to institute the suit in the board : 06
Decision of the Board : 07
Finality of the decision of conciliation Board and appeal : 08
Part I - list of the criminal cases 09
Part II - list of the civil suits 10
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Mushfika Mafruha Oishi
MD. Rezaul Karim Siam
5. Table of
contents
Arbitration
Definition of Arbitration 11
Powers of court and High Court Division to make interim orders 12
Serving of notice 13
Form of arbitration agreement 14
Number of arbitrators 15
Procedures for appointment of arbitrators 16
Termination of arbitrator's mandate 17
General responsibilities of the arbitral tribunal 18
Statements of claim and defense
Hearings and the proceedings
19
Summons to witnesses
Decision making by a panel of arbitrators
20
Termination of proceedings 21
Application for setting aside arbitral award 22
Enforcement of arbitral award 23
Appeal provision and procedure 24
ii
Partha Pratim Debnath
MD. Usama Luizi Farah
Alsuny
MD. Morshadul Momin
6. 01
INTRODUCTION
Alternative dispute resolution (ADR) refers to a range of dispute
settlement methods which help the parties in the dispute to come
to a settlement without going to court, or without litigating on the
said matter. These methods usually involve a third party, who
helps them in settling the disputes. Now we are going to describe
two methods of ADR which are conciliation (in municipal area)
& arbitration
8. Purpose for passing the Conciliation Act :
The preamble of the Act provides that an Act to constitute conciliation
Board for ease and speedy settlement of certain cases in Municipal
areas, where as it is expedient and necessary to constitute Conciliation
Board for settlement of certain cases in municipal areas.
Composition of the Dispute Conciliation Board :
There shall be a dispute conciliation Board in each
pauroshava settle all disputes as mentioned under the
schedules and name of the Board shall be named after the
name of each Pauroshava.
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9. Constitution of Board :
A conciliation Board shall be constituted with the following 5 (five)
members, namely-
1. Pauroshava chairman,
2. Two members by the Plaintiff and two members by the defendant.
3. One of the two members to be nominated by each party shall be a
commissioner of the Pauroshova concerned.
4. For incapability of chairman, any commissioner of concern
pauroshava shall preside as the chairman.
03
10. Jurisdiction of the Board
A board may try any offence or subject mentioned in the schedule,
if-
a) The offence occurred or the causes of that offence are occurred
within the each pauro area for which it is constituted.
b) Both parties of the suit generally live within that Pauro area.
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11. Disputes to be settled by the conciliation Board :
All cases relating to offences or subjects specified in the schedule shall be
settled by the Board. But the Penal code and the code of civil Procedure
are not applicable. And conciliation Board shall not try those cases as
mentioned,
1) A cognizable offence
2) the interest of a minor is involved in the suit,
3) Provision for arbitration has been made in a contract between the
parties to the dispute;
4) The government or local authority or a public servant acting in the
charge of duty is a party to the dispute
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12. Procedure to institute the suit in the board :
Concerned person having writing in the bangla on white paper which
shall be duty signed or thumb imprisoned may file an application to the
Board and such application the following information shall be cited:
1) Name and address of the member nominated by the applicant.
2) Name and address of each defendant.
3) A copy of each application for serving upon the defendant
4) Application shall be examined by the Paruoshava officer assigned by
the board
5) If it found that the case is not tribal by the board, he will return that
application.
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13. Decision of the Board :
The decision of conciliation Board is unanimous or by a majority and shall
be written by the chairman himself or as per his direction or any member
shall write it in short or any member of the respective Pauroshava will
write it as per version of the chairman and all the members who are present
at the meeting will put their signature on it.
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14. Finality of the decision of conciliation Board and appeal :
The decision of the Board shall be taken by the consent of all the members. if it is
not possible and if the board is consists of five number, the decision shall be
regarded as majority if it is by 4:1 or if the present member is four and the
decision is taken by three members that decision shall be treated to be final.
But if the decision of conciliation board is by a majority of three to two (3:2) or
two to one (2:1) then any party aggrieved within thirty days of the decision may
apply in the following prescribed manner-
1) For part I of the schedule, to the Additional District Magistrate, and
2) For Part II of the Schedule to the Joint District Judge and the Additional
District magistrate.
08
15. Part I of the Schedule provides for a list of the criminal cases
a) Offence committed under section 323, 426 or 447, 143, 147,141 where the
member of an unlawful assembly is not more than ten of the Penal code 1860.
b) Offence committed under section 160, 334, 341, 342, 352, 358,504, 506 (first
part), 508, 509 and 510 of the Penal Code 1860.
c) Offence committed under section 379, 380, and 381 when the offence is related
to cattle and the value is less than 25000 Taka.
d) Offence committed under section 379, 380, and 381 when the offence is related
to other property and the value is less than 25000 Taka.
e) Offence under section 403,406,417 and 420 of the Penal Code 1860 and if the
value is highest 25000, taka
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16. Part II of the Schedule provides for a list of the civil suits, which a
Village Court can deal with. Followings are the list of suits:
a) Recovery of money due on contracts, receipts or other documents.
b) Recovery of movable property, or for the value thereof.
c) Recovery of possession of immovable property within one year of
dispossession.
d) Compensation for wrongfully taking or damaging movable property.
e) Damages by cattle trespass.
f) Recovery of wages and compensation payable to an agricultural laborer.
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17.
18. Definition of Arbitration :
According to section 2(m) of arbitration act 2001,
"Arbitration" means any arbitration Whether or not administered by
permanent institution.
According to the concise dictionary by V.R. Manohar, "arbitration is a
reference to the decision of one or more persons, either with or without an
umpire of a particular matter in difference between the parties.
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19. Powers of court and High Court Division to make interim orders :
If the parties do not agree in the case of international commercial arbitration the
High Court Division and in the case of other arbitrations the court may pass
interim order in the following matters:
1) To appoint guardian for minor or insane
2) To take into interim custody of or sale of or other protective measures in respect
of goods or property.
3) To restrain any party to transfer certain property or pass injunction
4) To empower any person to seize, inspect, examine, to take evidence of any
goods or property included in arbitration agreement.
5) To issue ad interim injunction
6) To appoint receiver
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20. Serving of notice
Before passing order upon application received, the court or the
High Court Division shall serve notice upon the other party.
But if the court or the High Court Division is satisfied that in the
event the order is not passed instantaneously and the purpose of
making interim measures shall be frustrated, there shall be no
necessity of serving such notice.
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21. Form of arbitration agreement
An arbitration agreement may be in the form of art arbitration clause in a
contract or in the form of a separate agreement. An arbitration agreement
shall be in writing and an arbitration agreement shall be deemed to be in
writing fit is contained in-
a) a document signed by the parties;
b) an exchange of letters, Fax, e-mail or other means of telecommunication
c) An exchange of statement of claim and defense in which the existence of
the agreement is alleged
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22. Number of arbitrators
The parties are free to determine the number of arbitrators.
Failing the determination of a number, the tribunal shall
consist of three arbitrators. Where they appoint an even
number of arbitrators, the appointed arbitrators shall
jointly appoint an additional arbitrator who shall act as a
chairman of the tribunal.
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23. Procedures for appointment of arbitrators
A person of any nationality may be an arbitrator unless otherwise agreed
by the parties, if the parties fail to agree on the arbitration within thirty
days from receipt of a request
a) the District Judge shall appoint the arbitrator in case of arbitration other
than international commercial arbitration, and
b) In case of international commercial arbitration the chief justice or any
justice appointed by him shall appoint the arbitrator
But in case of with three arbitrators, each party shall appoint one
arbitrator, and the two appointed arbitrators shall appoint the third
arbitrator who shall be Chairman of the arbitral tribunal
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24. Termination of arbitrator's mandate
The mandate of an arbitrator shall terminate if
1) he withdraws himself from office:
2) he dies;
3) all the parties agree on the termination of his mandate or
4) he is unable to perform his functions of his office
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25. General responsibilities of the arbitral tribunal
The arbitral tribunal shall deal with any of the dispute submitted
to it fairly and impartially and for this purpose-
a) Opportunity to present his case orally or in writing or both,
and
b) Opportunity to examine all the documents and other relevant
materials filed by other party
c) Shall deal with a dispute submitted to it as quickly as possible.
d) Shall act fairly and impartially in deciding procedure and
evidence and in exercising other powers conferred on it.
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26. Statements of claim and defense
Within the period of time determined by the tribunal,
the claimant shall state the facts supporting his
claim, the points at issue and the relief or remedy
Hearings and the proceedings
The tribunal shall decide whether to hold oral hearings
for the presentation of evidence or for oral argument or
whether the proceedings shall be conducted on the basis
of documents and other materials
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27. Summons to witnesses :
The arbitral tribunal or a party to the
proceedings with the approval of the tribunal
may to the Court for issuing summons upon
any person necessary for examining.
Decision making by panel of arbitrators.
In arbitral proceedings with more than one arbitrator, any
decision of the arbitral tribunal shall be made by a majority
of all its members, Questions of procedure may be decided
by the Chairman of the arbitral tribunal
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28. Termination of proceedings
The proceeding of the tribunal proceeding shall be terminated in the following
1) By the final arbitral award;
2) The arbitral tribunal shall issue an order for the termination of the arbitral
proceedings where-
a. the claimant withdraws his claim
b. The parties agree on the termination of the proceedings:
3) If the continuation of the proceedings is unnecessary or impossible
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29. Application for setting aside arbitral award
The Court may set aside any arbitral award under this Act other than an
award made in an international commercial arbitration on the
application of a party within sixty days from the receipt of the award.
The High Court Division may set aside any arbitral award made in an
international commercial arbitration held in Bangladesh on the
application of a party within sixty days from the receipt of the award
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30. Enforcement of arbitral award
Where the time for making an application to set aside the arbitral
award has expired, or such application having been made, has been
refused, the award shall be enforced under the Code of Civil
Procedure in the same manner as if it were a decree of the Court.
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31. Appeal provision and procedure
An appeal shall lie from the following orders of the Court
to the High Court Division, namely -
a. setting aside or refusing to set aside an arbitral
award.
b. refusing to enforce the arbitral award.
c. Refusing to recognize or enforce any foreign
arbitral award
Appeal
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