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.
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).
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).
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.
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 :)
Appointment of arbitrator as per The Arbitration and Conciliation (Amendment)...Dr K M SONI
New Arbitration and Conciliation (Amendment) Act 2015 has provisions for speedy resolution and for impartial and independent arbitration. Some provisions of the new Act are discussed.
this presentation explains important concepts/definitions of
PROPERTY, ITS KINDS, IMMOVABLE AND MOVABLE
PROPERTY, LAND, INSTRUMENT, ATTESTED,
REGISTERED, and ACTIONABLE CLAIMS
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 :)
Appointment of arbitrator as per The Arbitration and Conciliation (Amendment)...Dr K M SONI
New Arbitration and Conciliation (Amendment) Act 2015 has provisions for speedy resolution and for impartial and independent arbitration. Some provisions of the new Act are discussed.
this presentation explains important concepts/definitions of
PROPERTY, ITS KINDS, IMMOVABLE AND MOVABLE
PROPERTY, LAND, INSTRUMENT, ATTESTED,
REGISTERED, and ACTIONABLE CLAIMS
Explore the innovative world of trenchless pipe repair with our comprehensive guide, "The Benefits and Techniques of Trenchless Pipe Repair." This document delves into the modern methods of repairing underground pipes without the need for extensive excavation, highlighting the numerous advantages and the latest techniques used in the industry.
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This presentation is about the working procedure of Shahjalal Fertilizer Company Limited (SFCL). A Govt. owned Company of Bangladesh Chemical Industries Corporation under Ministry of Industries.
Immunizing Image Classifiers Against Localized Adversary Attacksgerogepatton
This paper addresses the vulnerability of deep learning models, particularly convolutional neural networks
(CNN)s, to adversarial attacks and presents a proactive training technique designed to counter them. We
introduce a novel volumization algorithm, which transforms 2D images into 3D volumetric representations.
When combined with 3D convolution and deep curriculum learning optimization (CLO), itsignificantly improves
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Final project report on grocery store management system..pdfKamal Acharya
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This document will discuss each of the underlying technologies to create and implement an e- commerce website.
Water scarcity is the lack of fresh water resources to meet the standard water demand. There are two type of water scarcity. One is physical. The other is economic water scarcity.
3. Introduction
Arbitration is a process in which a dispute is
submitted to an impartial outsider who makes a
decision which is usually binding on both the
parties.
4. Basics
The arbitrator enforces his own point of
view on the contending parties and the
opinions of the participants are not given
any predominance.
Arbitration is a judicial process
The award of the arbitrator is binding
and rests on equity and justice, i.e., there
is no scope for compromise
7. Non Arbitral Disputes
Matters of criminal nature
Disputes relating to matrimonial relations
Testamentary matters relating to the validity of a
will
Relating to trusts for public purposes of charitable
or religious nature
Insolvency matters
Matters relating to the guardianship of a minor or
lunatic.
Any execution proceedings .
8. DUTIES OF ARBITRATOR
To administer oath to the parties and witness
appearing
To act judicially and impartially
To put necessary interrogatories to any party to
the dispute
To determine by and to whom the costs of
reference and the award shall be paid
To award interest
To fix amount, mode and time of payment
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10. Advantages of Arbitration
Choice of decision maker with expertise
Speed
Lower-cost
Flexible
Confidentiality
Less formal than court
Preservation of business relationships
11. Disadvantages of Arbitration
Limited recourse
Uneven playing field
Lack of transparency
Cost: parties pay for arbitrator and agency
Limited rights of appeal, fewer means to
challenge award
Lack of formal discovery
13. Main Types of Arbitration
1) VOLUNTARY ARBITRATION
2) COMPULSORY ARBITRATION
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14. VOLUNTARY ARBITRATION
Voluntary arbitration
implies that the two
contending parties, unable to
compose their differences by
themselves agree to submit the
conflict/dispute to an impartial
authority, whose decision they
are ready to accept.
15. Essentials of voluntary arbitration
The voluntary submission of dispute to an
arbitrator
The subsequent attendance of witnesses and
investigations
The enforcement of an award may not be
necessary and binding
Voluntary arbitration may be specially needed
for disputes arising under agreements
/contracts
16. Compulsory Arbitration
Compulsory arbitration, is one where
the parties are required to accept arbitration
without any willingness on their part.
When one of the parties to an industrial dispute feels
aggrieved by an act of the other, it may apply to the
appropriate government to refer the dispute to an
adjudication machinery.
17. Essentials of Compulsory Arbitration
the country is passing through grave
economic crisis
industries of strategic importance are
involved
parties are ill balanced
Compulsory arbitration leaves no scope for
strikes and lockouts; it deprives both the
parties of their very important and
fundamental rights.
18. Other Types of Arbitration
Ad-hoc Arbitration
Institutional Arbitration
Statutory Arbitration
Domestic or International Arbitration
Foreign Arbitration
19. (1) Ad-hoc Arbitration:- When a dispute or
difference arises between the parties in course of
commercial transactions.This arbitration is agreed
to get justice for the balance of the un-settled part of
the dispute only.
(2) Institutional Arbitration: There is
prior agreement between the parties that in case of
future differences or disputes arising between the
parties during their commercial transactions, such
differences or disputes will be settled by arbitration
as per clause provide in the agreement.
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20. (3) Statutory Arbitration: It is mandatory
arbitration which is imposed on the parties by operation
of law. In such a case the parties have no option as such
but to abide by the law of land.
(4) Domestic or International
Arbitration: Arbitration which occurs in India and
have all the parties within India is termed as Domestic
Arbitration. An Arbitration in which any party belongs to
other than India and the dispute is to be settled in India is
termed as International Arbitration.
(5) Foreign Arbitration: When arbitration
proceedings are conducted in a place outside India and
the Award is required to be enforced in India, it is termed
as Foreign Arbitration.
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21. Arbitration in india
Indian council of arbitration (1965)
Abide Arbitration and Conciliation Act, 1996
Comprehensive legal framework
95% arbitration is of type ad-hoc
India No. 2 in arbitration cases reaching Singapore
centre
Mumbai to have India's first International Arbitration
Centre soon
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