This document discusses arbitration and provides details on various aspects of the arbitration process. It begins with an introduction defining arbitration as an impartial third party making a binding decision to resolve a dispute between two parties. It then covers arbitral and non-arbitral disputes, the duties of an arbitrator, benefits and drawbacks of arbitration, and different types of arbitration including voluntary, compulsory, ad-hoc, institutional, statutory, domestic, international and foreign arbitration. The document also provides an overview of arbitration in India, noting key organizations like the Indian Council of Arbitration and provisions in the Arbitration and Conciliation Act of 1996.
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.
Here is a brief overview of the Arbitration Act with a simple and easy to understand language. Very useful for beginners who are finding difficulty in learning alternative methods of dispute resolution.
A form of alternative dispute resolution, a technique to settle disputes outside the court. but here you will find that there are some exceptional cases in which the applicant can apply in court to seek justice.
here powers and duties of arbitrator is well explained also it is important to mention powers of court over arbitration and it's decisions.
(here the 'award' is referred to decision).
The document summarizes a presentation on arbitration given to the Institute of Chartered Accountants of India. It defines arbitration as an alternative dispute resolution process where neutral arbitrators, rather than courts, resolve disputes. The presentation outlines the benefits of arbitration like confidentiality, speed and cost savings. It also discusses the types of arbitration and sources of laws governing arbitration like the Arbitration and Conciliation Act of 1996 in India. Key topics covered include arbitration agreements, composition of arbitral tribunals and appointment and substitution of arbitrators.
Arbitration is a process where a dispute is submitted to an impartial third party, whose decision is usually binding. It involves both parties presenting their case to an arbitrator they choose or who is appointed by statute. The arbitrator reviews evidence and issues a decision based on equity and justice. Arbitration is best for resolving contractual disputes, while mediation is better for disputes over interests. Arbitration has advantages like bringing the process closer to the parties and being more flexible, expeditious and cost effective than litigation. There are two main types - voluntary arbitration agreed to by both parties, and compulsory arbitration required without consent.
This document discusses arbitration agreements. It defines an arbitration agreement as an agreement between parties to submit present or future disputes to arbitration. There are two basic types: clauses in contracts and separate submission agreements for disputes that have already arisen. The document outlines requirements for valid arbitration agreements under the Model Law and New York Convention. It also discusses the law applicable to arbitration agreements, the power of courts to refer parties to arbitration when an agreement exists, interim measures courts can order, and grounds for terminating an arbitration agreement.
This document discusses arbitration and provides details on various aspects of the arbitration process. It begins with an introduction defining arbitration as an impartial third party making a binding decision to resolve a dispute between two parties. It then covers arbitral and non-arbitral disputes, the duties of an arbitrator, benefits and drawbacks of arbitration, and different types of arbitration including voluntary, compulsory, ad-hoc, institutional, statutory, domestic, international and foreign arbitration. The document also provides an overview of arbitration in India, noting key organizations like the Indian Council of Arbitration and provisions in the Arbitration and Conciliation Act of 1996.
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.
Here is a brief overview of the Arbitration Act with a simple and easy to understand language. Very useful for beginners who are finding difficulty in learning alternative methods of dispute resolution.
A form of alternative dispute resolution, a technique to settle disputes outside the court. but here you will find that there are some exceptional cases in which the applicant can apply in court to seek justice.
here powers and duties of arbitrator is well explained also it is important to mention powers of court over arbitration and it's decisions.
(here the 'award' is referred to decision).
The document summarizes a presentation on arbitration given to the Institute of Chartered Accountants of India. It defines arbitration as an alternative dispute resolution process where neutral arbitrators, rather than courts, resolve disputes. The presentation outlines the benefits of arbitration like confidentiality, speed and cost savings. It also discusses the types of arbitration and sources of laws governing arbitration like the Arbitration and Conciliation Act of 1996 in India. Key topics covered include arbitration agreements, composition of arbitral tribunals and appointment and substitution of arbitrators.
Arbitration is a process where a dispute is submitted to an impartial third party, whose decision is usually binding. It involves both parties presenting their case to an arbitrator they choose or who is appointed by statute. The arbitrator reviews evidence and issues a decision based on equity and justice. Arbitration is best for resolving contractual disputes, while mediation is better for disputes over interests. Arbitration has advantages like bringing the process closer to the parties and being more flexible, expeditious and cost effective than litigation. There are two main types - voluntary arbitration agreed to by both parties, and compulsory arbitration required without consent.
This document discusses arbitration agreements. It defines an arbitration agreement as an agreement between parties to submit present or future disputes to arbitration. There are two basic types: clauses in contracts and separate submission agreements for disputes that have already arisen. The document outlines requirements for valid arbitration agreements under the Model Law and New York Convention. It also discusses the law applicable to arbitration agreements, the power of courts to refer parties to arbitration when an agreement exists, interim measures courts can order, and grounds for terminating an arbitration agreement.
This document provides information about Vinod Kothari Consultants Private Limited, an Indian law firm with offices in Kolkata, New Delhi, and Mumbai. It lists contact details for the firm's offices and key personnel. The document then provides a brief overview of arbitration and alternative dispute resolution, the history of arbitration law in India, key definitions related to arbitration, and the structure of the Arbitration and Conciliation Act, 1996.
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.
The document discusses the Arbitration and Conciliation Act of 1996 in India. It covers the objectives of the act, which include comprehensively covering international commercial arbitration. It discusses arbitration agreements, the essentials required for an agreement to be valid, and the power of judicial authorities to refer parties to arbitration. The document also outlines the conduct of arbitration proceedings, the powers of arbitrators, requirements for a valid arbitral award, and forms and contents of an award. Finally, it discusses conciliation under the act, including the commencement of conciliation proceedings, communication between conciliators and parties, and settlement and termination of conciliation agreements.
Conciliation is a process for resolving disputes through non-binding mediation with a neutral third party conciliator. The conciliator helps facilitate discussions between the disputing parties to develop an mutually agreeable solution. Key aspects of conciliation include voluntary participation, confidentiality, flexibility, and focusing on the interests of the parties rather than legal rights. The conciliator aims to find a middle ground and reduce differences between parties to reach a settlement and restore peace.
This document discusses provisions around alternative dispute resolution and arbitration. It outlines that an arbitral tribunal shall consist of an odd number of arbitrators unless otherwise agreed, with each party appointing one in a three-arbitrator panel. An arbitrator may only be challenged for circumstances that raise doubts on impartiality or independence, lack of qualifications, or reasons a party became aware of after appointment. The procedure for a challenge requires sending a written statement within 15 days of the relevant event or constitution of the tribunal.
Alternative dipsute resolution system is informal method of resolving conflicts. there are different modes of ADR viz., negotiations, mediation , conciliation and arbitration etc.
The document discusses the history and provisions of limitation acts in India. It traces the evolution of limitation laws from Roman laws introduced under British rule to the current Limitation Act of 1963. The key objectives of limitation acts are to fix a time limit for filing legal claims and to avoid indefinite uncertainty regarding legal rights and liabilities. The Limitation Act of 1963 consolidated and standardized limitation periods for different types of legal suits, appeals and applications.
The document defines key terms related to contracts under Indian law such as proposal, acceptance, consideration and consent. It outlines the essential elements of a valid contract including offer and acceptance, intention to create a legal relationship, lawful consideration, capacity and consent of parties. It also discusses circumstances that can invalidate consent such as coercion, undue influence, misrepresentation and fraud.
This document discusses the topic of arbitration. It defines arbitration as the settlement of a dispute between parties through a neutral third party arbitrator, rather than through the court system. Arbitration can be voluntary or required by law, and the arbitrator's decision is binding if both sides agree to be bound. The procedure is governed by a country's arbitration laws or rules set by the International Chamber of Commerce. An arbitration agreement is a written contract where parties agree to settle disputes outside of court, often included as a clause in larger contracts. The objectives of arbitration are to comprehensively cover commercial arbitration, make the process fair and efficient, and ensure the tribunal remains within its jurisdiction. An arbitral agreement must be in writing and contain
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
this presentation explains important concepts/definitions of
PROPERTY, ITS KINDS, IMMOVABLE AND MOVABLE
PROPERTY, LAND, INSTRUMENT, ATTESTED,
REGISTERED, and ACTIONABLE CLAIMS
The document discusses key aspects of arbitration and conciliation in India according to the Arbitration and Conciliation Act 1996. It provides an overview of alternative dispute resolution methods like negotiation, mediation, conciliation and arbitration. It explains that certain matters like divorce, taxation and criminal cases cannot be referred to arbitration. The essence of arbitration is that an arbitrator provides a quasi-judicial decision to settle disputes between parties in a speedy and inexpensive manner. The document outlines procedures for appointing arbitrators and conducting arbitral proceedings.
Briefly explained about the act, introduction, origin, various functions etc. Mail me at amish4400@gmail.com if you want full script for the ppt. I would love to help.
Thank you :)
Alternative dispute resolution: Interim MeasuresRittika Dattana
This document provides an overview of interim measures in arbitration proceedings under the Indian Arbitration and Conciliation Act of 1996. It defines interim measures as temporary relief granted pending the final resolution of a dispute. Section 9 of the Act allows parties to approach courts to seek interim measures to preserve assets or evidence. The document discusses the types of interim measures available, including injunctive relief, attachment orders, and appointing receivers. It analyzes the scope of interim measures under Section 9 and their purpose of safeguarding parties from harm due to delays in the arbitration process.
The document discusses two major industrial disputes faced by Jet Airways - a 2008 mass firing and reinstatement of 1,900 employees, and a 2009 pilots' strike. In the latter, Jet Airways fired two pilot union leaders, leading 500 pilots to call in sick and go on a 14-day strike that cost the company Rs.15 crore daily. The strike was eventually withdrawn and a grievance committee was formed to resolve disputes and improve coordination between pilots and management.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
The document discusses key provisions around the transfer of property as per the Transfer of Property Act 1882 in India. It defines transfer of property and outlines some key principles:
1) A transfer of property is an act by a living person to convey property, present or future, to one or more living persons.
2) Certain types of future or uncertain interests cannot be transferred, such as the chance of inheritance or a legacy.
3) Some interests are not transferable if separated from the dominant property, such as easements.
4) The Act aims to enable free transfer of property, with some exceptions for interests opposed to public policy.
A mortgage is a loan secured by real property through the use of a mortgage note and granting of a mortgage. It involves the transfer of an interest in a specifically identified immovable property from the mortgagor to the mortgagee for the purpose of securing repayment of a loan. There are different types of mortgages that vary based on factors like possession and title transfer of the mortgaged property.
Table; Methods of peaceful settlement of international disputeszeyadjaffal
1. The document discusses various methods for the peaceful settlement of international disputes, including negotiation, mediation, inquiry, conciliation, and arbitration.
2. It provides definitions and characteristics of each method, as well as examples of past applications.
3. The final section describes the International Court of Justice, which functions as the principal judicial organ of the United Nations and settles disputes through either contentious cases or advisory opinions.
This document provides information about Vinod Kothari Consultants Private Limited, an Indian law firm with offices in Kolkata, New Delhi, and Mumbai. It lists contact details for the firm's offices and key personnel. The document then provides a brief overview of arbitration and alternative dispute resolution, the history of arbitration law in India, key definitions related to arbitration, and the structure of the Arbitration and Conciliation Act, 1996.
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.
The document discusses the Arbitration and Conciliation Act of 1996 in India. It covers the objectives of the act, which include comprehensively covering international commercial arbitration. It discusses arbitration agreements, the essentials required for an agreement to be valid, and the power of judicial authorities to refer parties to arbitration. The document also outlines the conduct of arbitration proceedings, the powers of arbitrators, requirements for a valid arbitral award, and forms and contents of an award. Finally, it discusses conciliation under the act, including the commencement of conciliation proceedings, communication between conciliators and parties, and settlement and termination of conciliation agreements.
Conciliation is a process for resolving disputes through non-binding mediation with a neutral third party conciliator. The conciliator helps facilitate discussions between the disputing parties to develop an mutually agreeable solution. Key aspects of conciliation include voluntary participation, confidentiality, flexibility, and focusing on the interests of the parties rather than legal rights. The conciliator aims to find a middle ground and reduce differences between parties to reach a settlement and restore peace.
This document discusses provisions around alternative dispute resolution and arbitration. It outlines that an arbitral tribunal shall consist of an odd number of arbitrators unless otherwise agreed, with each party appointing one in a three-arbitrator panel. An arbitrator may only be challenged for circumstances that raise doubts on impartiality or independence, lack of qualifications, or reasons a party became aware of after appointment. The procedure for a challenge requires sending a written statement within 15 days of the relevant event or constitution of the tribunal.
Alternative dipsute resolution system is informal method of resolving conflicts. there are different modes of ADR viz., negotiations, mediation , conciliation and arbitration etc.
The document discusses the history and provisions of limitation acts in India. It traces the evolution of limitation laws from Roman laws introduced under British rule to the current Limitation Act of 1963. The key objectives of limitation acts are to fix a time limit for filing legal claims and to avoid indefinite uncertainty regarding legal rights and liabilities. The Limitation Act of 1963 consolidated and standardized limitation periods for different types of legal suits, appeals and applications.
The document defines key terms related to contracts under Indian law such as proposal, acceptance, consideration and consent. It outlines the essential elements of a valid contract including offer and acceptance, intention to create a legal relationship, lawful consideration, capacity and consent of parties. It also discusses circumstances that can invalidate consent such as coercion, undue influence, misrepresentation and fraud.
This document discusses the topic of arbitration. It defines arbitration as the settlement of a dispute between parties through a neutral third party arbitrator, rather than through the court system. Arbitration can be voluntary or required by law, and the arbitrator's decision is binding if both sides agree to be bound. The procedure is governed by a country's arbitration laws or rules set by the International Chamber of Commerce. An arbitration agreement is a written contract where parties agree to settle disputes outside of court, often included as a clause in larger contracts. The objectives of arbitration are to comprehensively cover commercial arbitration, make the process fair and efficient, and ensure the tribunal remains within its jurisdiction. An arbitral agreement must be in writing and contain
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
this presentation explains important concepts/definitions of
PROPERTY, ITS KINDS, IMMOVABLE AND MOVABLE
PROPERTY, LAND, INSTRUMENT, ATTESTED,
REGISTERED, and ACTIONABLE CLAIMS
The document discusses key aspects of arbitration and conciliation in India according to the Arbitration and Conciliation Act 1996. It provides an overview of alternative dispute resolution methods like negotiation, mediation, conciliation and arbitration. It explains that certain matters like divorce, taxation and criminal cases cannot be referred to arbitration. The essence of arbitration is that an arbitrator provides a quasi-judicial decision to settle disputes between parties in a speedy and inexpensive manner. The document outlines procedures for appointing arbitrators and conducting arbitral proceedings.
Briefly explained about the act, introduction, origin, various functions etc. Mail me at amish4400@gmail.com if you want full script for the ppt. I would love to help.
Thank you :)
Alternative dispute resolution: Interim MeasuresRittika Dattana
This document provides an overview of interim measures in arbitration proceedings under the Indian Arbitration and Conciliation Act of 1996. It defines interim measures as temporary relief granted pending the final resolution of a dispute. Section 9 of the Act allows parties to approach courts to seek interim measures to preserve assets or evidence. The document discusses the types of interim measures available, including injunctive relief, attachment orders, and appointing receivers. It analyzes the scope of interim measures under Section 9 and their purpose of safeguarding parties from harm due to delays in the arbitration process.
The document discusses two major industrial disputes faced by Jet Airways - a 2008 mass firing and reinstatement of 1,900 employees, and a 2009 pilots' strike. In the latter, Jet Airways fired two pilot union leaders, leading 500 pilots to call in sick and go on a 14-day strike that cost the company Rs.15 crore daily. The strike was eventually withdrawn and a grievance committee was formed to resolve disputes and improve coordination between pilots and management.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
The document discusses key provisions around the transfer of property as per the Transfer of Property Act 1882 in India. It defines transfer of property and outlines some key principles:
1) A transfer of property is an act by a living person to convey property, present or future, to one or more living persons.
2) Certain types of future or uncertain interests cannot be transferred, such as the chance of inheritance or a legacy.
3) Some interests are not transferable if separated from the dominant property, such as easements.
4) The Act aims to enable free transfer of property, with some exceptions for interests opposed to public policy.
A mortgage is a loan secured by real property through the use of a mortgage note and granting of a mortgage. It involves the transfer of an interest in a specifically identified immovable property from the mortgagor to the mortgagee for the purpose of securing repayment of a loan. There are different types of mortgages that vary based on factors like possession and title transfer of the mortgaged property.
Table; Methods of peaceful settlement of international disputeszeyadjaffal
1. The document discusses various methods for the peaceful settlement of international disputes, including negotiation, mediation, inquiry, conciliation, and arbitration.
2. It provides definitions and characteristics of each method, as well as examples of past applications.
3. The final section describes the International Court of Justice, which functions as the principal judicial organ of the United Nations and settles disputes through either contentious cases or advisory opinions.
Chpater 10 The Arbirtation & Conciliation ActRobin Kapoor
This document provides an overview of arbitration and conciliation as alternate dispute resolution (ADR) mechanisms under the Arbitration and Conciliation Act, 1996 in India. It discusses that as business disputes are increasing due to globalization, ADR methods like arbitration and conciliation are becoming more popular compared to traditional litigation. Arbitration allows private resolution of disputes through an arbitrator chosen by the parties, and offers benefits like speed, cost-effectiveness, privacy and flexibility in procedures. However, it relies on the competence of the arbitrator. The document also describes the arbitration process, types of arbitration, matters that can and cannot be referred to arbitration, and enforceability of arbitration awards. It states that conciliation differs from
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
There are five major kinds of arbitration: 1) Ad-hoc arbitration handles individual disputes without a preexisting agreement. 2) Institutional arbitration relies on a prior agreement to use arbitration for future disputes.
3) Statutory arbitration is mandatory and imposed by law, not requiring party consent. 4) Domestic arbitration
occurs in India between Indian parties, while international arbitration involves a foreign party. 5) Foreign
arbitration takes place outside of India but the award must be enforced in India.
Assignment 4 - Certification in Dispute ManagementJyotpreet Kaur
Domestic arbitration in India involves disputes that arise wholly within India where the parties and subject matter are governed by Indian law. International arbitration can take place in or outside India when there is a foreign element such as parties from different countries. There are conflicting views among Indian courts on whether Part I of the Indian arbitration law applies to arbitrations seated outside India. The document discusses the definitions and differences between domestic and international arbitration under Indian law.
The document summarizes key aspects of arbitration and conciliation law in India based on the Arbitration and Conciliation Act of 1996. It discusses how the 1996 Act consolidated and amended previous laws, adopted the UNCITRAL model law, and recognized conciliation proceedings for the first time. It defines arbitration and conciliation, outlines matters that cannot be referred to arbitration, and distinguishes between domestic, international, foreign, and ad hoc arbitration. It also summarizes the process for making arbitral awards and the available recourses against awards.
1. Arbitration is preferable to litigation for resolving international commercial disputes as it is typically faster, less expensive, and helps preserve business relationships.
2. Key advantages of arbitration include that arbitral awards are enforceable in many countries under the New York Convention, arbitrators can have relevant technical expertise, proceedings are often confidential, and discovery tends to be more limited than in litigation.
3. Parties can choose between ad hoc arbitration or institutional arbitration administered by organizations like the ICC or AAA. The rules selected and institution chosen if any can impact costs, process, and enforceability of awards.
The document discusses various peaceful methods for settling disputes between nations outlined in the UN Charter, including negotiation, mediation, arbitration, conciliation, and judicial settlement. It provides examples of each method being used to resolve conflicts over territorial claims and economic competition. Negotiation is described as the simplest method, in which parties discuss issues directly, while mediation involves a neutral third party assisting negotiations. Arbitration and judicial settlement involve referring the dispute to a third party for a binding decision based on international law.
The document discusses the history and development of international commercial arbitration. It notes that arbitration first emerged in Europe in the 1920s to resolve international business disputes privately. Since then, various conventions and rules have been adopted to facilitate arbitration, including the New York Convention of 1958. The document outlines key definitions and concepts in international commercial arbitration such as the meaning of "international", different types of arbitration, and the laws that typically govern arbitration proceedings and awards. It also discusses important issues that commonly arise like jurisdictional questions and the interplay between procedural and substantive laws. The conclusion is that arbitration can replace court proceedings in India by offering faster and cheaper dispute resolution while allowing parties more flexibility and control over the process.
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:
This document discusses the settlement of international disputes. It defines an international dispute as one that arises between states concerning their relations. It notes that business disputes are increasingly multijurisdictional in nature. The document outlines the different kinds of disputes as political and legal. It then describes the various means of settling disputes peacefully as outlined in the UN Charter, including negotiation, enquiry, mediation, conciliation, arbitration, resort to regional agencies or arrangements, and judicial settlement. For each method, it provides a brief definition and explanation.
Peaceful settlement of international disputeMahesh Patil
The document discusses various peaceful methods for settling international disputes, including negotiation, mediation, arbitration, conciliation, and judicial settlement. Negotiation involves direct discussions between the disputing parties without third party intervention, while mediation involves a neutral third party assisting the negotiations. Arbitration and judicial settlement involve referring the dispute to a third party for a binding decision. Conciliation is a more flexible process where a committee makes non-binding proposals to help resolve the dispute. Examples of each method being used throughout history are provided.
This document provides an overview of international dispute resolution mechanisms. It discusses the two main methods - dispute resolution through international courts like the International Court of Justice, and diplomatic dispute resolution mechanisms like negotiation, arbitration, and mediation. It then provides details on the objectives, functions, jurisdictions and processes of the ICJ. It also describes arbitration, mediation, and other alternative dispute resolution mechanisms. Finally, it briefly discusses other international tribunals established by the UN like the International Criminal Tribunal for the former Yugoslavia.
This document provides an introduction to international law. It discusses how international law differs from national law in that there is no world legislature, executive, or judiciary. It outlines the sources of international law, including treaties, customs, general principles, and judicial decisions. It also describes the process by which treaties are adopted, signed, and ratified, and how this binds states under international law. The obligations of states in relation to treaties they have signed but not yet ratified are also discussed.
The document discusses various methods for resolving disputes, including litigation, arbitration, mediation, negotiation, and conciliation. It then provides details on the UNICITRAL Model Law on conciliation, including its purpose to help parties settle commercial disputes amicably with the aid of a conciliator. The Model Law covers definitions, procedures, confidentiality of the conciliation process, and inadmissibility of certain information in other legal proceedings. Finally, the document outlines aspects of Slovenian arbitration law regarding its application and provisions on arbitration agreements, exclusion of court proceedings, qualifications of arbitrators, and requirements for arbitration awards.
This document discusses arbitration as an alternative dispute resolution process. It defines arbitration and notes its key benefits like confidentiality, speed and cost savings compared to litigation. However, it also lists potential drawbacks like arbitration agreements sometimes being misleading. The document outlines different types of arbitration and sources of arbitration law and international conventions. It provides details on India's Arbitration and Conciliation Act of 1996, including how arbitration agreements are formulated and issues relating to the composition and appointment of arbitral tribunals.
arbitration, conciliation and alternate dispute resolution methodsShubhamSharma775952
This document discusses arbitration, conciliation and alternative dispute resolution systems. It defines arbitration as a private dispute resolution process where parties agree to have their dispute decided by an impartial third party, the arbitrator, rather than going to court. Arbitration is preferred over litigation as it is less expensive, provides speedy resolution and is a simpler process. The document outlines different types of arbitrations based on jurisdiction and proceedings. It compares the Arbitration and Conciliation Act of 1996 to the Arbitration Act of 1940 and discusses key concepts such as arbitration agreements, appointment of arbitrators, and arbitration tribunals.
The document discusses various means for the peaceful settlement of international disputes according to the UN Charter. It describes negotiation, enquiry, mediation, conciliation, arbitration, resort to regional arrangements, and judicial settlement. It provides details on the International Court of Justice, including its composition, functions, jurisdiction, and how states can accept its jurisdiction through special agreements, treaty clauses, or declarations.
Enforcement of foreign arbitral awards Dechen Gurung
The document discusses international commercial arbitration and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. It provides an overview of key aspects of the Convention, including that it establishes rules for recognizing and enforcing arbitral awards internationally. The Convention has 159 member states and aims to ensure arbitral awards are recognized and enforced similarly to domestic awards. The summary also outlines grounds for refusing recognition or enforcement of an award under the Convention.
any place where persons and merchandise are allowed to pass, by water or land, into and out of a country and where customs officers are stationed to inspect or appraise imported goods.
The development of ports leads to more economic activities in the city as well as the country. It also helps in increasing the trade flow between nations, also benefiting other sectors such as logistics, etc.
Impact of taxation on cross border investment Isha Joshi
Consequent to the implemented economic liberalisation in India during the 1990s, substantial international investment activity began within the Indian capital markets and through corporate vehicles with an increasingly vibrant fervour. In fact, today, Foreign Institutional Investors (FIIs) play a crucial role in the liquidity, growth and vitality seen in Indian capital markets. Simultaneously, along with increasing FII activity, as a result of the favourable economic and political climate, India also witnessed an increasing quantum of Foreign Domestic Investment (FDI).
The regulation of these investment channels and instruments was at the front and centre of economic policy debate, a part of which revolves around taxation. There is undoubtedly a proximate and intelligible nexus between taxation and the employment of these investment tools. A taxation regime that is favourable can work in effectively attracting more international investment which in turn would enhance market liquidity, activity, and growth.1 While FIIs and FDIs may appear to be similar investment channels, for the most part, they serve entirely different objectives, and operate in substantially different manners and are subject to different regulatory regimes in terms of exchange, economic and taxation policy.
In the coming sections of this paper, the authors have attempted to analyse several aspects of FII and FDI taxation in India. The first section delineates the differences in FIIs and FDIs, their market strategy, modus operandi, and objectives, while ascertaining what exactly these investment channels imply and the various investment vehicles that may be employed by foreign actors.
The subsequent section of the paper outlines the tax regime applicable to such FDIs and FIIs, depending on the organisational scheme and objective of the business vehicle so employed for the investment.
Given that FIIs and FDIs essentially involve a foreign element, the question of double taxation is one which necessarily requires to be addressed. To that end, in the third section of this paper, the authors have looked at Double Taxation Avoidance Agreements (DTAAs) (Tax Treaties) in the context of FIIs and FDIs.
Vroom's expectancy theory of motivation proposes that employee motivation depends on three factors: valence, expectancy, and instrumentality. Valence refers to the value an individual places on a reward. Expectancy is the belief that effort will lead to good performance. Instrumentality is the belief that good performance will lead to the desired reward. The theory states that motivation is highest when an individual believes that increased effort will lead to good performance (high expectancy) which will result in a desirable reward (high instrumentality/valence). The theory helps managers understand how to design reward systems to motivate employees.
Personality determinants & attributesIsha Joshi
The term ‘personality’ is derived from the Latin word ‘persona’ which means a mask. According to K. Young, “Personality is a …. patterned body of habits, traits, attitudes and ideas of an individual, as these are organised externally into roles and statuses, and as they relate internally to motivation, goals, and various aspects of selfhood.” G. W. Allport defined it as “a person’s pattern of habits, attitudes, and traits which determine his adjustment to his environment.”
According to Robert E. Park and Earnest W. Burgess, personality is “the sum and organisation of those traits which determine the role of the individual in the group.” Herbert A. Bloch defined it as “the characteristic organisation of the individual’s habits, attitudes, values, emotional characteristics……. which imparts consistency to the behaviour of the individual.” According to Arnold W. Green, “personality is the sum of a person’s values (the objects of his striving, such as ideas, prestige, power and sex) plus his non- physical traits (his habitual ways of acting and reacting).” According to Linton, personality embraces the total “organised aggregate of psychological processes and status pertaining to the individual.”
Frederick Herzberg proposed a two-factor theory of motivation in 1959, suggesting that job satisfaction and dissatisfaction are influenced by separate factors. He classified factors as either hygiene factors (extrinsic to the job) like salary and work conditions, which prevent dissatisfaction but do not motivate, or motivational factors (intrinsic to the job) like achievement and recognition, which generate satisfaction and motivate employees. The theory implies that managers should ensure adequate hygiene factors to avoid dissatisfaction and enrich jobs through motivational factors to improve performance and satisfaction.
Erikson’s (1959) theory of psychosocial development has eight distinct stages. Like Freud, Erikson assumes that a crisis occurs at each stage of development. For Erikson (1963), these crises are of a psychosocial nature because they involve psychological needs of the individual (i.e. psycho) conflicting with the needs of society (i.e. social).
According to the theory, successful completion of each stage results in a healthy personality and the acquisition of basic virtues. Basic virtues are characteristic strengths which the ego can use to resolve subsequent crises.
Failure to successfully complete a stage can result in a reduced ability to complete further stages and therefore a more unhealthy personality and sense of self. These stages, however, can be resolved successfully at a later time.
Clayton P. Alderfer's ERG theory from 1969 condenses Maslow's five human needs into three categories: Existence, Relatedness and Growth.
1. Existence Needs
Include all material and physiological desires (e.g., food, water, air, clothing, safety, physical love and affection). Maslow's first two levels.
2. Relatedness Needs
Encompass social and external esteem; relationships with significant others like family, friends, co-workers and employers . This also means to be recognized and feel secure as part of a group or family. Maslow's third and fourth levels.
3. Growth Needs
Internal esteem and self actualization; these impel a person to make creative or productive effects on himself and the environment (e.g., to progress toward one's ideal self). Maslow's fourth and fifth levels. This includes desires to be creative and productive, and to complete meaningful tasks.
Vroom's expectancy theory of motivation proposes that an individual's level of motivation depends on the expected outcomes of different behaviors and the value that the individual places on those outcomes. There are three key elements: expectancy, that effort will lead to performance; instrumentality, that performance will lead to outcomes; and valence, the value the individual places on the outcomes. Motivational force is the product of expectancy, instrumentality, and valence - individuals will be motivated to put in the highest effort for the option with the greatest motivational force. The theory suggests that managers can motivate employees by understanding what outcomes employees value and ensuring efforts lead to those valued outcomes.
Ohio & Michigan state theories of leadershipIsha Joshi
The document discusses two major theories of leadership: the Ohio State Leadership Theory and the Michigan State Leadership Theory. The Ohio State model identifies two dimensions of leadership behavior - consideration (people-oriented) and initiating structure (task-oriented). The Michigan State model found that production-centered leadership focused on tasks while employee-centered leadership focused on relationships and satisfaction, leading to better performance and lower turnover. Both theories contribute to understanding that effective leadership balances both task and relationship behaviors.
Job evaluation - Human Resource ManagementIsha Joshi
The document summarizes different methods of job evaluation. It discusses analytical methods like the factor-comparison method and point-ranking method which evaluate jobs based on factors and sub-factors. It also outlines non-analytical methods such as the ranking method which ranks jobs based on importance, and the job grading method which assigns jobs to predetermined grades/classes. The document provides examples and compares the advantages and limitations of each method.
Information Technology for Managers - BasicsIsha Joshi
This document provides an introduction to computers including definitions of key terms like data, information, hardware, and software. It discusses the history and generations of computers from Charles Babbage to the modern era. It describes the characteristics, advantages, disadvantages, types (microcomputer, mainframe, etc.), architecture, and functions of computers. The document concludes with multiple choice questions.
The document outlines the export and import procedures for international trade. It describes 13 steps in the export process, beginning with enquiry and ending with receipt of a bank certificate. The import process also involves 13 steps, starting with obtaining an import license and quota and ending with follow up. The document was presented by Prof. Mohit Moghe and Isha Joshi to provide an overview of the key considerations and stages involved in exporting and importing goods across international borders.
This document provides an overview of India's EXIM policies, procedures, and documentation. It discusses several key export promotion schemes including the Export Promotion Capital Goods Scheme (EPCGS), Duty Remission Scheme, Duty Drawback Scheme, and Duty Exemption Schemes such as the Advance Authorization Scheme and Duty Free Import Authorization Scheme. The EPCGS allows import of capital goods at zero or reduced duties with an export obligation that must be fulfilled within 6-8 years. The Duty Drawback Scheme provides a rebate on import/excise duties for inputs used in exported products. The Advance Authorization and Duty Free Import Authorization Schemes allow duty-free import of inputs for exported products.
Roles, responsibilities and functions of a managerIsha Joshi
A manager is responsible for planning, directing, and motivating employees to progress an organization. Key functions of a manager include supervising employees, monitoring work, and taking corrective actions. Managers fulfill informational, interpersonal, and decisional roles. Informational roles involve processing information as a monitor, disseminator, and spokesperson. Interpersonal roles provide leadership, communication, and inspiration. Decisional roles use information to handle disturbances, allocate resources, make entrepreneurial changes, and negotiate on behalf of the organization.
France celebrates numerous festivals throughout the year. Some of the largest and most famous include: the Cannes Film Festival in May which screens new films and awards the Palme d'Or; Bastille Day on July 14th commemorating the French Revolution with military parades and fireworks displays; and the Tour de France cycling race held annually in July and finishing in Paris.
Devaluation vs quantitaative restrictionsIsha Joshi
Devaluation is the official reduction in a country's currency by its government. The difference between devaluation and depreciation is that devaluation is done by the country's government whereas, depreciation happens due to market forces.
The document discusses recruitment, including defining it as the process of searching for prospective employees and stimulating them to apply. It outlines the objectives of recruitment such as attracting skilled candidates and developing an attractive organizational culture. The recruitment process, factors affecting recruitment, sources of recruitment (internal and external), methods of recruitment, and modern recruitment techniques and sources are also summarized.
Human resource planning (HRP) involves forecasting an organization's future needs for employees and ensuring the right number and types of qualified people are available. The objectives of HRP are to recruit and maintain qualified employees, meet requirements for expansion, improve employee skills and abilities, maintain good industrial relations, and minimize imbalances in staffing. HRP is important for forecasting personnel needs, coping with change, protecting vulnerable groups, developing international strategies, creating highly talented employees, establishing personnel functions, increasing investment in human resources, and reducing resistance to change.
The quality management system used by Coca-Cola, called the Coca-Cola Company Management System (TCCMS), ensures consistent quality standards across their global operations. TCCMS was replaced in 2010 by the Coca-Cola Operating Requirements (KORE) which focuses on quality, sustainability, and meeting stakeholder expectations. KORE defines policies, specifications, and programs to guide operations according to clear quality objectives and metrics. It also incorporates risk management and problem solving tools to drive continuous improvement.
Lufthansa purchased $500 million worth of Boeing jets in 1985 payable in 1986. The head of treasury, Herr Ruhnau, was concerned about exchange rate risk as the dollar had been rising against the Deutschemark. He decided to hedge half the payment using forwards at the current exchange rate of DM3.2/$ and leave half unhedged. When payments were due in 1986, the dollar had weakened to DM2.3/$, exposing Lufthansa to a loss. Ruhnau was called before the board to explain his decision, though he argued the purchase was mandated and a mixed hedging approach reduced risk and cost compared to full hedging. The board ultimately did not
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
How to Manage Your Lost Opportunities in Odoo 17 CRMCeline George
Odoo 17 CRM allows us to track why we lose sales opportunities with "Lost Reasons." This helps analyze our sales process and identify areas for improvement. Here's how to configure lost reasons in Odoo 17 CRM
Walmart Business+ and Spark Good for Nonprofits.pdfTechSoup
"Learn about all the ways Walmart supports nonprofit organizations.
You will hear from Liz Willett, the Head of Nonprofits, and hear about what Walmart is doing to help nonprofits, including Walmart Business and Spark Good. Walmart Business+ is a new offer for nonprofits that offers discounts and also streamlines nonprofits order and expense tracking, saving time and money.
The webinar may also give some examples on how nonprofits can best leverage Walmart Business+.
The event will cover the following::
Walmart Business + (https://business.walmart.com/plus) is a new shopping experience for nonprofits, schools, and local business customers that connects an exclusive online shopping experience to stores. Benefits include free delivery and shipping, a 'Spend Analytics” feature, special discounts, deals and tax-exempt shopping.
Special TechSoup offer for a free 180 days membership, and up to $150 in discounts on eligible orders.
Spark Good (walmart.com/sparkgood) is a charitable platform that enables nonprofits to receive donations directly from customers and associates.
Answers about how you can do more with Walmart!"
Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
Exploiting Artificial Intelligence for Empowering Researchers and Faculty,
International FDP on Fundamentals of Research in Social Sciences
at Integral University, Lucknow, 06.06.2024
By Dr. Vinod Kumar Kanvaria
The simplified electron and muon model, Oscillating Spacetime: The Foundation...RitikBhardwaj56
Discover the Simplified Electron and Muon Model: A New Wave-Based Approach to Understanding Particles delves into a groundbreaking theory that presents electrons and muons as rotating soliton waves within oscillating spacetime. Geared towards students, researchers, and science buffs, this book breaks down complex ideas into simple explanations. It covers topics such as electron waves, temporal dynamics, and the implications of this model on particle physics. With clear illustrations and easy-to-follow explanations, readers will gain a new outlook on the universe's fundamental nature.
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
Executive Directors Chat Leveraging AI for Diversity, Equity, and InclusionTechSoup
Let’s explore the intersection of technology and equity in the final session of our DEI series. Discover how AI tools, like ChatGPT, can be used to support and enhance your nonprofit's DEI initiatives. Participants will gain insights into practical AI applications and get tips for leveraging technology to advance their DEI goals.
How to Fix the Import Error in the Odoo 17Celine George
An import error occurs when a program fails to import a module or library, disrupting its execution. In languages like Python, this issue arises when the specified module cannot be found or accessed, hindering the program's functionality. Resolving import errors is crucial for maintaining smooth software operation and uninterrupted development processes.
1. Prestige Institute of Management and
Research
Presented By ~
Isha Joshi
(BFT – IV sem)
ARBITRATION
2. A process of dispute resolution
A neutral third party (called the arbitrator) renders a decision after a
hearing
Both the parties have an opportunity to be heard
It is the means by which parties to a dispute get the same settled without
having recourse to court of law
An arbitrator is basically a private judge appointed with consent of both
the parties.
ARBITRATION
8. DOMESTIC ARBITRATION
In a domestic arbitration:
1) The arbitration takes place in India
2) The subject matter of contract is in India
3) The merits of the dispute are governed by the Indian Law.
4) The procedure of arbitration is also governed by the
Indian Law.
9. INTERNATIONAL
ARBITRATION
Clause(f) of sub-section (1) of section 2 of the 1996 Act defines international
arbitration as the arbitration relating to disputes arising out of legal relationships,
whether contractual or not, where at least one of the parties is:
1) An individual who is a national of, or habitually resident in or any country other
than India
2) A corporate body which is incorporated in any country other than India
3) A company or an association or a body of individuals whose central management
and control is exercised in any country other than India
4) The government of foreign country.
10. The 1958 New York Convention
each contracting state shall recognize an agreement in
writing
under which the parties undertake to submit to arbitration
all or any difference which have arisen or which may arise
between them
in respect of a defined legal relationship, whether
contractual or not,
concerning a subject matter capable of settlement by
arbitration.”
11. France, Civil Code
one cannot submit to arbitration questions of status
and capacity of persons
questions relative to divorce and separation
questions respecting controversies that concern public
entities or public establishments
12. Arbitration Law of China
contractual disputes between citizen of equal status, legal persons and
other economic organizations and disputes arising from property rights
may be put to arbitration.
Following disputes can not be put to arbitration :
disputes arising from marriage, adoption, guardianship, bringing up of
children and inheritance
disputes that have been stipulated by law to be settled by
administrative organs.
14. may be composed of three arbitrators or one arbitrator.
In the case of three arbitrators, there should be a chief arbitrator.
An arbitrator shall be withdrawn if :
the arbitrator is a party involve in the case or a blood relation or
relative of the parties concerned or their attorneys.
the arbitrator has vital personal interests in the case.
The arbitrator meets the parties concerned or their attorneys in
private or has accepted gifts or attended banquets hosted by the parties
concerned or their attorneys.