This document discusses various dispute resolution methods for construction, planning, and scheduling projects. It begins by defining dispute resolution as bringing discordant parties to understanding by ironing out their differences. Several dispute resolution methods are then outlined, including avoidance, negotiation, mediation, conciliation, arbitration, and litigation. Hybrid methods and alternative dispute resolution are also discussed. For each method, a brief definition or example is provided. The document provides information on applying various methods like mediation, conciliation, arbitration in Nigeria. It also lists several professional arbitration bodies and centers in Nigeria and other countries.
Dispute resolution & Grievance HandlingGheethu Joy
This presentation includes notes collected from various sources from internet during my study journey with regard to the topic Dispute resolution & Grievance Handling
This document discusses various dispute resolution methods, beginning with avoidance and negotiation, then exploring mediation, conciliation, arbitration, and litigation. It provides definitions and explanations of each method, including how they differ in terms of the level of third party involvement and whether the outcome is binding or non-binding. Examples of each method are given. Professional arbitration bodies and centers in Nigeria and other countries are also listed.
Alternative Dispute Resolution in ZimbabweTendai Chiunya
The document discusses alternative dispute resolution (ADR) mechanisms in Zimbabwe for resolving employment disputes. It provides examples of different types of disputes that can arise between employers and employees. The main ADR processes described are conciliation through labor officers or designated agents, and arbitration, which can be either voluntary or compulsory. If conciliation or arbitration does not resolve the dispute, it can be appealed to the Labor Court. The summary concludes that while ADR promotes conflict resolution and avoids negative publicity, the processes in Zimbabwe can be prolonged due to lack of resources in the labor system.
The document discusses various alternative dispute resolution (ADR) methods for avoiding litigation, including their advantages and disadvantages. It focuses on mediation as an option. Key points include:
- Mediation is a flexible confidential process where a neutral mediator helps parties work towards a negotiated agreement. Agreements are not binding unless a settlement is reached.
- UK court rules encourage staying proceedings for one month to allow ADR like mediation. Courts will consider parties' efforts to resolve disputes when deciding on costs.
- Case law establishes that refusing reasonable offers to mediate carries risks of costs sanctions if litigation proceeds. Factors for assessing reasonableness are outlined.
- Proper consideration of ADR options is required before
Lecture slides to M.A.Sc. students on pros and cons of various dispute resolution venues with a case study added that moved 10-year case from complaint to appeal court decision
Alternative Dispute Resolution (ADR) as a Mechanism of Peace in AfricaChantal Abam
conflict resolution has always been an issue of the Criminal Justice System at the international and national levels, but globalization thinking has brought about new mechanism for resolving conflicts.
Three main methods of alternative dispute resolution are discussed: arbitration, mediation, and expert evaluation. Arbitration involves a final binding decision by an impartial person. Mediation uses a neutral party to facilitate discussion between disputing parties to find a mutual agreement. Expert evaluation uses an independent expert as a neutral fact-finder, especially for complex business disputes. ADR methods are increasingly used to resolve various types of disputes including sports contracts, unfair/misleading sales practices, and property/land disputes to reduce court backlogs and maintain relationships. However, more research is still needed to fully evaluate the impact of ADR programs.
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.
Dispute resolution & Grievance HandlingGheethu Joy
This presentation includes notes collected from various sources from internet during my study journey with regard to the topic Dispute resolution & Grievance Handling
This document discusses various dispute resolution methods, beginning with avoidance and negotiation, then exploring mediation, conciliation, arbitration, and litigation. It provides definitions and explanations of each method, including how they differ in terms of the level of third party involvement and whether the outcome is binding or non-binding. Examples of each method are given. Professional arbitration bodies and centers in Nigeria and other countries are also listed.
Alternative Dispute Resolution in ZimbabweTendai Chiunya
The document discusses alternative dispute resolution (ADR) mechanisms in Zimbabwe for resolving employment disputes. It provides examples of different types of disputes that can arise between employers and employees. The main ADR processes described are conciliation through labor officers or designated agents, and arbitration, which can be either voluntary or compulsory. If conciliation or arbitration does not resolve the dispute, it can be appealed to the Labor Court. The summary concludes that while ADR promotes conflict resolution and avoids negative publicity, the processes in Zimbabwe can be prolonged due to lack of resources in the labor system.
The document discusses various alternative dispute resolution (ADR) methods for avoiding litigation, including their advantages and disadvantages. It focuses on mediation as an option. Key points include:
- Mediation is a flexible confidential process where a neutral mediator helps parties work towards a negotiated agreement. Agreements are not binding unless a settlement is reached.
- UK court rules encourage staying proceedings for one month to allow ADR like mediation. Courts will consider parties' efforts to resolve disputes when deciding on costs.
- Case law establishes that refusing reasonable offers to mediate carries risks of costs sanctions if litigation proceeds. Factors for assessing reasonableness are outlined.
- Proper consideration of ADR options is required before
Lecture slides to M.A.Sc. students on pros and cons of various dispute resolution venues with a case study added that moved 10-year case from complaint to appeal court decision
Alternative Dispute Resolution (ADR) as a Mechanism of Peace in AfricaChantal Abam
conflict resolution has always been an issue of the Criminal Justice System at the international and national levels, but globalization thinking has brought about new mechanism for resolving conflicts.
Three main methods of alternative dispute resolution are discussed: arbitration, mediation, and expert evaluation. Arbitration involves a final binding decision by an impartial person. Mediation uses a neutral party to facilitate discussion between disputing parties to find a mutual agreement. Expert evaluation uses an independent expert as a neutral fact-finder, especially for complex business disputes. ADR methods are increasingly used to resolve various types of disputes including sports contracts, unfair/misleading sales practices, and property/land disputes to reduce court backlogs and maintain relationships. However, more research is still needed to fully evaluate the impact of ADR programs.
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.
The document discusses alternative dispute resolution (ADR) in India. It notes that ADR was introduced in India to help address the huge backlog of cases overwhelming the court system. ADR provides parties more cost-effective and timely mechanisms to resolve disputes through negotiation, mediation, arbitration, and conciliation outside of litigation. The growth of ADR in India has helped promote access to justice and reduce strain on the courts.
This document appears to be a student research project on alternative dispute resolution focusing on competitive negotiation. It includes an introduction to negotiation principles and styles. It discusses collaborative negotiation and its features. It then defines competitive negotiation, describing it as an aggressive, win-lose approach. The document will compare and contrast collaborative and competitive negotiation, ultimately criticizing the latter approach. It includes headings for chapters on negotiation, styles, competitive negotiation, and a comparison of the two approaches.
This document discusses alternative dispute resolution (ADR) techniques for resolving disputes outside of litigation. It defines ADR as approaches that resolve conflicts in a non-confrontational manner. The document then lists and describes the main ADR types: negotiation, mediation, arbitration, ombuds, and family group conferences. Negotiation involves voluntary participation with no third party, while mediation uses a third party facilitator. Arbitration employs a third party to impose a resolution. Ombuds and family group conferences are also discussed. The document concludes that the appropriate ADR technique depends on each situation.
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.
The document discusses various alternative dispute resolution (ADR) tools for resolving conflicts without relying on third parties like judges. It describes common ADR tools like mediation, mini-trials, summary jury trials, and arbitration. These tools typically involve a third party to help facilitate negotiations between disputing parties. The document advises readers to identify their goals and obstacles to select the right ADR tool, noting that different tools have varying costs, speeds, abilities to preserve relationships, and other factors. It emphasizes solving problems through interest-based negotiation and effective communication to avoid needing third parties to decide outcomes.
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.
The document discusses various alternative dispute resolution (ADR) methods for resolving civil legal disputes outside of court. It defines ADR and describes negotiation, mediation, conciliation and arbitration processes. Negotiation involves parties discussing solutions without legal representation, while mediation uses an impartial third party to direct discussion. Conciliation is similar but the third party can make suggestions, and arbitration involves a third party making a binding decision. The document outlines advantages like time and cost savings compared to litigation, and disadvantages such as non-binding decisions and need for voluntary participation.
This document discusses various dispute resolution methods like arbitration, conciliation, mediation, and negotiation. It provides details on arbitration and conciliation. Arbitration is described as a private judicial determination of a dispute by an independent third party, whose decision is final and binding. Conciliation is defined as the adjustment and settlement of a dispute in a friendly manner through a non-binding third party process. The key principles of conciliation discussed are independence, fairness, confidentiality, and cooperation of parties. The advantages of conciliation include party autonomy, expertise of the decision maker, and efficiency. The conciliation procedure involves parties presenting evidence and arguments to the conciliator. The main objectives of the Indian Arbitration and Conc
This document provides an overview of alternative dispute resolution (ADR) methods. It introduces ADR and defines it as any means of settling disputes without litigation. The main ADR methods discussed are mediation, arbitration, neutral evaluation, negotiation and conciliation. Mediation uses a neutral third party to help parties reach an agreement. Arbitration involves binding decisions by expert arbitrators. Neutral evaluation involves early case presentations to a neutral expert. Negotiation and conciliation allow parties to explore solutions with the help of a third party. Other methods mentioned include expert determination, appointing an independent solicitor, and collaborative law.
Alternative dispute resolution (ADR) describes ways for parties to settle civil disputes without formal court hearings, using arbitration, mediation, or conciliation with an independent third party. Common types of ADR include arbitration, where a specialist decides the dispute, and mediation, where an independent mediator helps facilitate settlement discussions between the parties. The Civil Procedure Rules encourage parties to attempt ADR before full litigation and courts can impose costs penalties if parties unreasonably refuse ADR offers.
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.
Conciliation is a voluntary alternative dispute resolution process in which a neutral third party (conciliator) assists parties in reaching an amicable settlement. The conciliator facilitates negotiations but may also propose non-binding settlement options. It is a confidential and flexible process like mediation but the conciliator can propose solutions. The Indian Arbitration and Conciliation Act legally recognizes settlements reached through conciliation. Conciliation has a high success rate and allows parties to efficiently and cost-effectively resolve disputes while maintaining business relationships.
This document discusses various professional opportunities for Chartered Accountants in the field of alternate dispute resolution (ADR) in India. It outlines roles that CAs can play as arbitrators, counsel for clients, experts for arbitral tribunals, and advisors on selecting appropriate ADR processes. CAs are recognized under Indian law to act as arbitrators due to their objective and balanced approach. The document also discusses international commercial arbitration and how CAs can assist with drafting arbitration clauses and representing clients in international arbitration cases.
1) ADR methods like mediation and arbitration provide alternatives to litigation that are usually cheaper, faster, and less adversarial. They allow parties more control over outcomes.
2) Common ADR methods include negotiation, mediation, conciliation, arbitration, and tribunals. Mediation involves a neutral third party facilitating compromise, while arbitration involves a third party making a binding decision.
3) Tribunals are bodies that resolve disputes but are not courts, handling issues like immigration, benefits, and employment claims more informally than courts. They aim to be accessible and efficient alternatives.
This document provides an overview of arbitration and summarizes key sections from a report on arbitration. It begins with background on the purpose and objectives of the report, which is to understand arbitration and how it settles complex disputes. It then reviews definitions of arbitration, its importance, objectives, principles, types, and process. Specifically, arbitration is defined as the submission of a dispute to an impartial arbitrator for a decision. It is an important alternative dispute resolution mechanism because it provides flexibility, neutrality, and binding final decisions in a confidential process. The objectives of arbitration are to cover domestic and international disputes and ensure fair resolution. The characteristics include being voluntary, private, quicker and less expensive than litigation. The types discussed are voluntary, compuls
This document discusses alternative dispute resolution (ADR). It defines ADR as resolving disputes without a trial through processes like arbitration, mediation, and neutral evaluation. The document outlines the philosophies and goals of ADR, including encouraging settlement, adopting a win-win approach, integrating parties' interests, and complying with social norms. It also discusses the success of ADR in Bangladesh, noting statistics that show high rates of cases being resolved through mediation and ADR mechanisms in family courts and other laws.
ALTERNATIVE DISPUTE RESOLUTION- ISSUES AND CHALLENGESAmudha Mony
Alternative dispute resolution (ADR) mechanisms like arbitration, mediation, and conciliation provide alternatives to litigation for resolving disputes. Arbitration is voluntary, has lower costs than litigation, and allows for faster and more private dispute resolution. Mediation involves a neutral third party who helps parties communicate and negotiate to reach a mutually agreeable settlement. Conciliation also uses a neutral party to bring sides together to resolve disputes through good offices rather than rendering an award. However, implementing ADR in India faces challenges like attitudes resistant to settlement, ignorance of ADR options, corruption, and lack of guaranteed final decisions.
The document summarizes mediation and conciliation procedures for corporate disputes in India according to the Companies Act 2013 and Companies (Mediation and Conciliation) Rules 2016. It outlines eligibility criteria for mediators and conciliators, matters that cannot be referred for ADR, time limits, fees, procedures, and how to withdraw from the mediation panel. Key points are that mediation and conciliation must be completed within 3 months and can be extended up to 6 months, fees are set by the Regional Director or Tribunal, and settlements must be submitted in writing.
1. Gandhiji believed the true function of a lawyer was to unite parties and he spent much of his time bringing about private compromises rather than costly litigation.
2. Alternative dispute resolution (ADR) methods provide alternatives to full legal proceedings and aim to resolve disputes through more collaborative means like arbitration, mediation, and negotiation.
3. While ADR methods like arbitration can provide faster and less expensive dispute resolution, they are also criticized for lacking transparency and enforceability compared to litigation.
Alternative Dispute Resolution (ADR) involves resolving civil disputes through means other than the formal court system. The Woolf Report recommended ADR to reduce court caseloads, provide a cheaper and less adversarial form of justice. ADR methods like mediation and arbitration can resolve disputes more quickly and at lower cost than going to court, though outcomes may not be legally binding or rely on legal expertise. Common ADR approaches include mediation, conciliation, arbitration, negotiation, ombudsmen, and tribunals.
The document discusses alternative dispute resolution (ADR) clauses for international commercial contracts. It recommends including an arbitration clause that specifies an arbitral institution and its rules. It also suggests allowing for mediation or conciliation if one party elects it. Escalation clauses can help resolve disputes but should clearly define each step and avoid complex procedures. Interim relief may be needed, so ensure the arbitration law and rules permit court applications. Specialist legal advice is advised when drafting or modifying ADR clauses.
The document discusses alternative dispute resolution (ADR) in India. It notes that ADR was introduced in India to help address the huge backlog of cases overwhelming the court system. ADR provides parties more cost-effective and timely mechanisms to resolve disputes through negotiation, mediation, arbitration, and conciliation outside of litigation. The growth of ADR in India has helped promote access to justice and reduce strain on the courts.
This document appears to be a student research project on alternative dispute resolution focusing on competitive negotiation. It includes an introduction to negotiation principles and styles. It discusses collaborative negotiation and its features. It then defines competitive negotiation, describing it as an aggressive, win-lose approach. The document will compare and contrast collaborative and competitive negotiation, ultimately criticizing the latter approach. It includes headings for chapters on negotiation, styles, competitive negotiation, and a comparison of the two approaches.
This document discusses alternative dispute resolution (ADR) techniques for resolving disputes outside of litigation. It defines ADR as approaches that resolve conflicts in a non-confrontational manner. The document then lists and describes the main ADR types: negotiation, mediation, arbitration, ombuds, and family group conferences. Negotiation involves voluntary participation with no third party, while mediation uses a third party facilitator. Arbitration employs a third party to impose a resolution. Ombuds and family group conferences are also discussed. The document concludes that the appropriate ADR technique depends on each situation.
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.
The document discusses various alternative dispute resolution (ADR) tools for resolving conflicts without relying on third parties like judges. It describes common ADR tools like mediation, mini-trials, summary jury trials, and arbitration. These tools typically involve a third party to help facilitate negotiations between disputing parties. The document advises readers to identify their goals and obstacles to select the right ADR tool, noting that different tools have varying costs, speeds, abilities to preserve relationships, and other factors. It emphasizes solving problems through interest-based negotiation and effective communication to avoid needing third parties to decide outcomes.
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.
The document discusses various alternative dispute resolution (ADR) methods for resolving civil legal disputes outside of court. It defines ADR and describes negotiation, mediation, conciliation and arbitration processes. Negotiation involves parties discussing solutions without legal representation, while mediation uses an impartial third party to direct discussion. Conciliation is similar but the third party can make suggestions, and arbitration involves a third party making a binding decision. The document outlines advantages like time and cost savings compared to litigation, and disadvantages such as non-binding decisions and need for voluntary participation.
This document discusses various dispute resolution methods like arbitration, conciliation, mediation, and negotiation. It provides details on arbitration and conciliation. Arbitration is described as a private judicial determination of a dispute by an independent third party, whose decision is final and binding. Conciliation is defined as the adjustment and settlement of a dispute in a friendly manner through a non-binding third party process. The key principles of conciliation discussed are independence, fairness, confidentiality, and cooperation of parties. The advantages of conciliation include party autonomy, expertise of the decision maker, and efficiency. The conciliation procedure involves parties presenting evidence and arguments to the conciliator. The main objectives of the Indian Arbitration and Conc
This document provides an overview of alternative dispute resolution (ADR) methods. It introduces ADR and defines it as any means of settling disputes without litigation. The main ADR methods discussed are mediation, arbitration, neutral evaluation, negotiation and conciliation. Mediation uses a neutral third party to help parties reach an agreement. Arbitration involves binding decisions by expert arbitrators. Neutral evaluation involves early case presentations to a neutral expert. Negotiation and conciliation allow parties to explore solutions with the help of a third party. Other methods mentioned include expert determination, appointing an independent solicitor, and collaborative law.
Alternative dispute resolution (ADR) describes ways for parties to settle civil disputes without formal court hearings, using arbitration, mediation, or conciliation with an independent third party. Common types of ADR include arbitration, where a specialist decides the dispute, and mediation, where an independent mediator helps facilitate settlement discussions between the parties. The Civil Procedure Rules encourage parties to attempt ADR before full litigation and courts can impose costs penalties if parties unreasonably refuse ADR offers.
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.
Conciliation is a voluntary alternative dispute resolution process in which a neutral third party (conciliator) assists parties in reaching an amicable settlement. The conciliator facilitates negotiations but may also propose non-binding settlement options. It is a confidential and flexible process like mediation but the conciliator can propose solutions. The Indian Arbitration and Conciliation Act legally recognizes settlements reached through conciliation. Conciliation has a high success rate and allows parties to efficiently and cost-effectively resolve disputes while maintaining business relationships.
This document discusses various professional opportunities for Chartered Accountants in the field of alternate dispute resolution (ADR) in India. It outlines roles that CAs can play as arbitrators, counsel for clients, experts for arbitral tribunals, and advisors on selecting appropriate ADR processes. CAs are recognized under Indian law to act as arbitrators due to their objective and balanced approach. The document also discusses international commercial arbitration and how CAs can assist with drafting arbitration clauses and representing clients in international arbitration cases.
1) ADR methods like mediation and arbitration provide alternatives to litigation that are usually cheaper, faster, and less adversarial. They allow parties more control over outcomes.
2) Common ADR methods include negotiation, mediation, conciliation, arbitration, and tribunals. Mediation involves a neutral third party facilitating compromise, while arbitration involves a third party making a binding decision.
3) Tribunals are bodies that resolve disputes but are not courts, handling issues like immigration, benefits, and employment claims more informally than courts. They aim to be accessible and efficient alternatives.
This document provides an overview of arbitration and summarizes key sections from a report on arbitration. It begins with background on the purpose and objectives of the report, which is to understand arbitration and how it settles complex disputes. It then reviews definitions of arbitration, its importance, objectives, principles, types, and process. Specifically, arbitration is defined as the submission of a dispute to an impartial arbitrator for a decision. It is an important alternative dispute resolution mechanism because it provides flexibility, neutrality, and binding final decisions in a confidential process. The objectives of arbitration are to cover domestic and international disputes and ensure fair resolution. The characteristics include being voluntary, private, quicker and less expensive than litigation. The types discussed are voluntary, compuls
This document discusses alternative dispute resolution (ADR). It defines ADR as resolving disputes without a trial through processes like arbitration, mediation, and neutral evaluation. The document outlines the philosophies and goals of ADR, including encouraging settlement, adopting a win-win approach, integrating parties' interests, and complying with social norms. It also discusses the success of ADR in Bangladesh, noting statistics that show high rates of cases being resolved through mediation and ADR mechanisms in family courts and other laws.
ALTERNATIVE DISPUTE RESOLUTION- ISSUES AND CHALLENGESAmudha Mony
Alternative dispute resolution (ADR) mechanisms like arbitration, mediation, and conciliation provide alternatives to litigation for resolving disputes. Arbitration is voluntary, has lower costs than litigation, and allows for faster and more private dispute resolution. Mediation involves a neutral third party who helps parties communicate and negotiate to reach a mutually agreeable settlement. Conciliation also uses a neutral party to bring sides together to resolve disputes through good offices rather than rendering an award. However, implementing ADR in India faces challenges like attitudes resistant to settlement, ignorance of ADR options, corruption, and lack of guaranteed final decisions.
The document summarizes mediation and conciliation procedures for corporate disputes in India according to the Companies Act 2013 and Companies (Mediation and Conciliation) Rules 2016. It outlines eligibility criteria for mediators and conciliators, matters that cannot be referred for ADR, time limits, fees, procedures, and how to withdraw from the mediation panel. Key points are that mediation and conciliation must be completed within 3 months and can be extended up to 6 months, fees are set by the Regional Director or Tribunal, and settlements must be submitted in writing.
1. Gandhiji believed the true function of a lawyer was to unite parties and he spent much of his time bringing about private compromises rather than costly litigation.
2. Alternative dispute resolution (ADR) methods provide alternatives to full legal proceedings and aim to resolve disputes through more collaborative means like arbitration, mediation, and negotiation.
3. While ADR methods like arbitration can provide faster and less expensive dispute resolution, they are also criticized for lacking transparency and enforceability compared to litigation.
Alternative Dispute Resolution (ADR) involves resolving civil disputes through means other than the formal court system. The Woolf Report recommended ADR to reduce court caseloads, provide a cheaper and less adversarial form of justice. ADR methods like mediation and arbitration can resolve disputes more quickly and at lower cost than going to court, though outcomes may not be legally binding or rely on legal expertise. Common ADR approaches include mediation, conciliation, arbitration, negotiation, ombudsmen, and tribunals.
The document discusses alternative dispute resolution (ADR) clauses for international commercial contracts. It recommends including an arbitration clause that specifies an arbitral institution and its rules. It also suggests allowing for mediation or conciliation if one party elects it. Escalation clauses can help resolve disputes but should clearly define each step and avoid complex procedures. Interim relief may be needed, so ensure the arbitration law and rules permit court applications. Specialist legal advice is advised when drafting or modifying ADR clauses.
Get all the information related to companies act 2013/1956 including its rules, draft rules, forms, notifications, circulars, orders, definitions, guidelines, schedules, etc.
https://www.nclt.in/about.php
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.
1. The Arbitration and Conciliation Act was passed in 1996 to consolidate laws around domestic and international arbitration as well as conciliation. It replaced earlier arbitration laws from 1940, 1937, and 1961. (2)
2. The act was influenced by the UNCITRAL Model Law on International Commercial Arbitration from 1985. It aims to provide an efficient dispute resolution process that is fair and brings parties to an amicable resolution. (3)
3. The act allows for disputes of a civil nature to be referred to arbitration. It recognizes different types of arbitration including ad hoc, institutional, and statutory arbitration. Arbitral awards can be interim or final and are binding on parties.
Get all the information related to companies act 2013/1956 including its rules, draft rules, forms, notifications, circulars, orders, definitions, guidelines, schedules, etc.
https://www.nclt.in/
International Business Transaction - Arbitration of Disputes in International...Mariske Myeke Tampi
Describes arbitration as the means of dispute settlement which has a confidentiality as one of its advantage. Arbitration agreement has been described as well with the relevant arbitral source of law and its institutions.
In response to rising court costs, delays and congestion, the need to facilitate access to justice and to provide more 'effective' forms of dispute resolution, the phenomenon known as ADR was born.
This presentation provides an overview of Alternative Dispute Resolution (ADR) and different ADR mechanisms used all over the world.
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.
ALTERNATIVE DISPUTE RESOLUTION - BBA LLB 5th Year.pptxAman298462
This document provides an introduction to alternative dispute resolution (ADR). It defines ADR as methods to settle disputes without litigation through a neutral third party. The document discusses why ADR arose due to inefficiencies in litigation for many people in India. It outlines the key benefits of ADR such as lower costs and time compared to litigation. The major ADR methods discussed are arbitration, mediation, negotiation, and conciliation. Arbitration involves a binding decision by an arbitrator while mediation aims to help parties reach a mutual settlement through a mediator.
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
The document discusses alternative dispute resolution (ADR) mechanisms for resolving disputes in the construction industry, specifically focusing on arbitration and mediation. It provides an overview of arbitration, including that it is a binding process where disputing parties agree to have a neutral third party make a final decision. The arbitration process and advantages/disadvantages are summarized. Mediation is also summarized, noting it is a voluntary process where a neutral third party facilitates negotiations between disputing parties but does not make a binding ruling. Key aspects of mediation like types, the mediator's role, and typical mediation sessions are highlighted.
This document provides an overview of international commercial arbitration. It explains that as business becomes more global, arbitration has become the primary method for resolving cross-border disputes outside of unfamiliar foreign courts. The New York Convention established requirements for countries to recognize and enforce foreign arbitral awards. Many jurisdictions have adopted the UNCITRAL Model Law on arbitration to implement the Convention's standards. Various arbitration institutions administer cases according to their own rules. Properly drafting an arbitration agreement is important to avoid later disputes, and expert advice should be sought when international arbitration is involved.
The document discusses arbitration and alternative dispute resolution mechanisms in India. It begins by defining arbitration and classifying it as one of four types of alternative dispute resolution - negotiation, mediation, collaborative law, and arbitration. It notes that arbitration involves a third party imposing a resolution, unlike mediation which facilitates resolution.
It then discusses the history and development of arbitration law in India from 1859 to the present. Key acts and amendments that have shaped the legal framework are highlighted, including the Arbitration and Conciliation Act of 1996. The definitions, types, and essential elements of arbitration agreements are explained. The roles and appointment processes for arbitrators and arbitral tribunals are also summarized.
This document discusses various aspects of dispute resolution including alternative dispute resolution (ADR) mechanisms, arbitration, and conciliation. It provides definitions and explanations of key terms like arbitration agreement and different types of arbitration proceedings. The advantages of ADR over litigation are highlighted. Issues related to the jurisdiction and impartiality of arbitrators are also covered. The objectives and relevant sections of the Arbitration and Conciliation Act of 1996 are summarized.
The document discusses arbitration as an alternative dispute resolution mechanism where parties agree to have their dispute settled by a neutral third party arbitrator. It defines arbitration and outlines the key features including that arbitration awards are binding on parties. It also discusses the Arbitration and Conciliation Act of 1996 and different types of arbitration like institutional, ad-hoc, statutory, and international arbitration. The roles of arbitrators and how they can be challenged are also summarized. The document differentiates arbitration from conciliation.
This document discusses various professional opportunities for Chartered Accountants in the field of alternate dispute resolution (ADR) in India. It outlines roles that CAs can play as arbitrators, counsel for clients, experts for arbitral tribunals, and advisors on selecting appropriate ADR processes. CAs are recognized under Indian law to act as arbitrators due to their objective and balanced approach. There are also opportunities for CAs in international commercial arbitration by assisting with drafting arbitration clauses and representing clients in international arbitration cases.
The document discusses various techniques of alternative dispute resolution (ADR) in India. It describes arbitration, conciliation, mediation and negotiation as the main ADR techniques. Arbitration involves referring a dispute to a third party arbitrator, whose decision is binding. Conciliation and mediation are non-binding processes where a neutral third party helps parties reach a settlement. Negotiation does not involve a third party; parties work directly to find a mutually agreeable solution. The document provides details on the procedures and key aspects of each ADR technique.
Arbitration, mediation and conciliation in IndiaNafiaNazim
The ppt covers the topic of arbitration, mediation and conciliation in India comprehensively. It consists of the definitions of each of these additional dispute redressal mechanisms,it's objectives, advantages over one another, comparative study , historical backdrop, landmark judgements and legal framework.
Med-arb and arb-med are alternative dispute resolution processes that combine mediation and arbitration. In med-arb, the parties first go through mediation and any unresolved issues then proceed to binding arbitration. Arb-med begins with a non-binding arbitration and ruling, after which the parties attempt to mediate a resolution. Using a single neutral as both mediator and arbitrator provides efficiency and flexibility but also risks such as bias, coercion, and confidentiality breaches. Key safeguards include obtaining proper consent, designing clear processes, and maintaining impartiality.
Null Bangalore | Pentesters Approach to AWS IAMDivyanshu
#Abstract:
- Learn more about the real-world methods for auditing AWS IAM (Identity and Access Management) as a pentester. So let us proceed with a brief discussion of IAM as well as some typical misconfigurations and their potential exploits in order to reinforce the understanding of IAM security best practices.
- Gain actionable insights into AWS IAM policies and roles, using hands on approach.
#Prerequisites:
- Basic understanding of AWS services and architecture
- Familiarity with cloud security concepts
- Experience using the AWS Management Console or AWS CLI.
- For hands on lab create account on [killercoda.com](https://killercoda.com/cloudsecurity-scenario/)
# Scenario Covered:
- Basics of IAM in AWS
- Implementing IAM Policies with Least Privilege to Manage S3 Bucket
- Objective: Create an S3 bucket with least privilege IAM policy and validate access.
- Steps:
- Create S3 bucket.
- Attach least privilege policy to IAM user.
- Validate access.
- Exploiting IAM PassRole Misconfiguration
-Allows a user to pass a specific IAM role to an AWS service (ec2), typically used for service access delegation. Then exploit PassRole Misconfiguration granting unauthorized access to sensitive resources.
- Objective: Demonstrate how a PassRole misconfiguration can grant unauthorized access.
- Steps:
- Allow user to pass IAM role to EC2.
- Exploit misconfiguration for unauthorized access.
- Access sensitive resources.
- Exploiting IAM AssumeRole Misconfiguration with Overly Permissive Role
- An overly permissive IAM role configuration can lead to privilege escalation by creating a role with administrative privileges and allow a user to assume this role.
- Objective: Show how overly permissive IAM roles can lead to privilege escalation.
- Steps:
- Create role with administrative privileges.
- Allow user to assume the role.
- Perform administrative actions.
- Differentiation between PassRole vs AssumeRole
Try at [killercoda.com](https://killercoda.com/cloudsecurity-scenario/)
Comparative analysis between traditional aquaponics and reconstructed aquapon...bijceesjournal
The aquaponic system of planting is a method that does not require soil usage. It is a method that only needs water, fish, lava rocks (a substitute for soil), and plants. Aquaponic systems are sustainable and environmentally friendly. Its use not only helps to plant in small spaces but also helps reduce artificial chemical use and minimizes excess water use, as aquaponics consumes 90% less water than soil-based gardening. The study applied a descriptive and experimental design to assess and compare conventional and reconstructed aquaponic methods for reproducing tomatoes. The researchers created an observation checklist to determine the significant factors of the study. The study aims to determine the significant difference between traditional aquaponics and reconstructed aquaponics systems propagating tomatoes in terms of height, weight, girth, and number of fruits. The reconstructed aquaponics system’s higher growth yield results in a much more nourished crop than the traditional aquaponics system. It is superior in its number of fruits, height, weight, and girth measurement. Moreover, the reconstructed aquaponics system is proven to eliminate all the hindrances present in the traditional aquaponics system, which are overcrowding of fish, algae growth, pest problems, contaminated water, and dead fish.
Optimizing Gradle Builds - Gradle DPE Tour Berlin 2024Sinan KOZAK
Sinan from the Delivery Hero mobile infrastructure engineering team shares a deep dive into performance acceleration with Gradle build cache optimizations. Sinan shares their journey into solving complex build-cache problems that affect Gradle builds. By understanding the challenges and solutions found in our journey, we aim to demonstrate the possibilities for faster builds. The case study reveals how overlapping outputs and cache misconfigurations led to significant increases in build times, especially as the project scaled up with numerous modules using Paparazzi tests. The journey from diagnosing to defeating cache issues offers invaluable lessons on maintaining cache integrity without sacrificing functionality.
Embedded machine learning-based road conditions and driving behavior monitoringIJECEIAES
Car accident rates have increased in recent years, resulting in losses in human lives, properties, and other financial costs. An embedded machine learning-based system is developed to address this critical issue. The system can monitor road conditions, detect driving patterns, and identify aggressive driving behaviors. The system is based on neural networks trained on a comprehensive dataset of driving events, driving styles, and road conditions. The system effectively detects potential risks and helps mitigate the frequency and impact of accidents. The primary goal is to ensure the safety of drivers and vehicles. Collecting data involved gathering information on three key road events: normal street and normal drive, speed bumps, circular yellow speed bumps, and three aggressive driving actions: sudden start, sudden stop, and sudden entry. The gathered data is processed and analyzed using a machine learning system designed for limited power and memory devices. The developed system resulted in 91.9% accuracy, 93.6% precision, and 92% recall. The achieved inference time on an Arduino Nano 33 BLE Sense with a 32-bit CPU running at 64 MHz is 34 ms and requires 2.6 kB peak RAM and 139.9 kB program flash memory, making it suitable for resource-constrained embedded systems.
International Conference on NLP, Artificial Intelligence, Machine Learning an...gerogepatton
International Conference on NLP, Artificial Intelligence, Machine Learning and Applications (NLAIM 2024) offers a premier global platform for exchanging insights and findings in the theory, methodology, and applications of NLP, Artificial Intelligence, Machine Learning, and their applications. The conference seeks substantial contributions across all key domains of NLP, Artificial Intelligence, Machine Learning, and their practical applications, aiming to foster both theoretical advancements and real-world implementations. With a focus on facilitating collaboration between researchers and practitioners from academia and industry, the conference serves as a nexus for sharing the latest developments in the field.
The CBC machine is a common diagnostic tool used by doctors to measure a patient's red blood cell count, white blood cell count and platelet count. The machine uses a small sample of the patient's blood, which is then placed into special tubes and analyzed. The results of the analysis are then displayed on a screen for the doctor to review. The CBC machine is an important tool for diagnosing various conditions, such as anemia, infection and leukemia. It can also help to monitor a patient's response to treatment.
Batteries -Introduction – Types of Batteries – discharging and charging of battery - characteristics of battery –battery rating- various tests on battery- – Primary battery: silver button cell- Secondary battery :Ni-Cd battery-modern battery: lithium ion battery-maintenance of batteries-choices of batteries for electric vehicle applications.
Fuel Cells: Introduction- importance and classification of fuel cells - description, principle, components, applications of fuel cells: H2-O2 fuel cell, alkaline fuel cell, molten carbonate fuel cell and direct methanol fuel cells.
artificial intelligence and data science contents.pptxGauravCar
What is artificial intelligence? Artificial intelligence is the ability of a computer or computer-controlled robot to perform tasks that are commonly associated with the intellectual processes characteristic of humans, such as the ability to reason.
› ...
Artificial intelligence (AI) | Definitio
Advanced control scheme of doubly fed induction generator for wind turbine us...IJECEIAES
This paper describes a speed control device for generating electrical energy on an electricity network based on the doubly fed induction generator (DFIG) used for wind power conversion systems. At first, a double-fed induction generator model was constructed. A control law is formulated to govern the flow of energy between the stator of a DFIG and the energy network using three types of controllers: proportional integral (PI), sliding mode controller (SMC) and second order sliding mode controller (SOSMC). Their different results in terms of power reference tracking, reaction to unexpected speed fluctuations, sensitivity to perturbations, and resilience against machine parameter alterations are compared. MATLAB/Simulink was used to conduct the simulations for the preceding study. Multiple simulations have shown very satisfying results, and the investigations demonstrate the efficacy and power-enhancing capabilities of the suggested control system.
Use PyCharm for remote debugging of WSL on a Windo cf5c162d672e4e58b4dde5d797...shadow0702a
This document serves as a comprehensive step-by-step guide on how to effectively use PyCharm for remote debugging of the Windows Subsystem for Linux (WSL) on a local Windows machine. It meticulously outlines several critical steps in the process, starting with the crucial task of enabling permissions, followed by the installation and configuration of WSL.
The guide then proceeds to explain how to set up the SSH service within the WSL environment, an integral part of the process. Alongside this, it also provides detailed instructions on how to modify the inbound rules of the Windows firewall to facilitate the process, ensuring that there are no connectivity issues that could potentially hinder the debugging process.
The document further emphasizes on the importance of checking the connection between the Windows and WSL environments, providing instructions on how to ensure that the connection is optimal and ready for remote debugging.
It also offers an in-depth guide on how to configure the WSL interpreter and files within the PyCharm environment. This is essential for ensuring that the debugging process is set up correctly and that the program can be run effectively within the WSL terminal.
Additionally, the document provides guidance on how to set up breakpoints for debugging, a fundamental aspect of the debugging process which allows the developer to stop the execution of their code at certain points and inspect their program at those stages.
Finally, the document concludes by providing a link to a reference blog. This blog offers additional information and guidance on configuring the remote Python interpreter in PyCharm, providing the reader with a well-rounded understanding of the process.
Use PyCharm for remote debugging of WSL on a Windo cf5c162d672e4e58b4dde5d797...
Disputeresolutionmethods raja v
1. Dispute Resolution Methods
For Construction ,Planning,and
scheduling
Raja v
Asst.Professor
T.J Institue of Technology ,chennai
2. “The courts of this country should not be
the places where resolution of disputes
begins. They should be the places where
the disputes end after alternative methods
of resolving disputes have been considered
and tried.”
— Sandra Day O’Connor
3. What is Dispute Resolution?
Dispute resolution involves bringing two or
more discordant parties to clear understanding
wherein their differences are ironed out.
It points to every technique applied for settling
dispute between entities.
9. Avoidance
This is an intentional plan to avoid development
of resentment by sorting out critical issues
independently, without challenging or unsettling
the other party.
10. “Negotiation involves two or more parties
with competing or conflicting interests or
needs, working towards an agreement
on how they will cooperate.”
- Dr Gregory Tillett
Negotiation is a process of finding point of
balance between your objective and
that of the other party.
- Dr Elijah Ezendu
Negotiation
11. “In the middle of every difficulty lies
opportunity.”
– Albert Einstein
12. Seven Elements of Negotiation
Interests: What do the parties want?
Options: What are likely areas of agreement?
Alternatives: What if we don’t agree?
Legitimacy: How persuasive is each party?
Communication: Are both parties willing to discuss
and listen?
Relationship: Are both parties ready to establish
operational relationship?
Commitment: What’s the structure of commitment
from both parties.
13. Negotiation Process
• Prepare objectives and strategy
• Discuss and exchange information
• Propose solution
• Bargain and review areas of concession
• Conclude, draft and endorse agreement.
14. List Examples of the Following
• Informal Negotiation:……………………………..……
………………………………………………………………………
………………………………………………………………………
………………………………………………………………….....
• Formal Negotiation:………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………….....
15. Unassisted Negotiation
Unassisted Negotiation involves the disputing
parties systematically reviewing identified
challenges and arrive at feasible agreement
without a third party.
Partnering is a form of Unassisted Negotiation.
16. Facilitated Negotiation
This is a form of negotiation wherein a neutral
person would be invited to guide the disputing
parties towards reaching an agreement.
Dispute Board is a form of Facilitated Negotiation.
17. Early Neutral Expert Evaluation
This method of dispute resolution features the
use of industry expert or top-practicing
professional to function as an independent
reviewer and conduct unbiased evaluation of
the burning points of matter at stake: Rendering
solution-orientated counsel, capable of ending
that dispute, if accepted by parties concerned.
18. Mediation
Mediation is an ADR mechanism in which
disputing parties allow an independent third
party (mediator) to help them reach a point of
settlement.
•Mediation Clause in the contract between the
disputing parties should point out terms of
mediation including choice of mediator.
•Disputing parties agree to mediate
•Disputing parties select acceptable mediator
•Decisions are made by disputing parties
20. Conciliation
Conciliation is similar to Mediation except for the
active role of the third party (conciliator) in putting
forward suggestions of compromise.
It’s structured to bring disputing parties to
acceptable agreement through concessions.
There are variations of ‘Conciliator Power’ in
conciliation practices of some countries.
21. How is Conciliation Practiced in Nigeria?
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………….....
22. Ombudsperson
Corporate Ombudsperson
•Employee Appointed by Company to Resolve
Dispute therein.
•A Person Appointed by Industry Association to
Resolve Dispute Between Parties in that Particular
Industry.
Government Ombudsperson
•A Person Appointed by Government to Resolve
Dispute Between People and Government.
•A Commission Set Up to Resolve Dispute
Between Entities and Government. Example:
Public Complaints Commission Comprising
Commissioners and Headed by the Chief
Commissioner. The Commissioners have Great
Latitude of Power to investigate, Inspect and
Adjudicate .
•Ombudsperson Appointed by Government is
Identified as Defender of Citizens, Ensuring
Objectivity and Fairness to Citizens at Large.
23. Peer Review Panel
This is a Dispute Resolution Method in which
Peers such as Managers shall be Placed in a
Panel to Evaluate and Resolve Matters
Pertaining to their Colleagues.
24. Judicial Dispute Resolution (JDR) is a confidential pre-trial
settlement conference led by a Judge. The objective of a JDR is
to resolve the dispute so a trial will be either unnecessary, or at
most limited to those issues on which the parties do not agree.
The parties meet with a Judge or Justice to confidentially discuss
the background of the case and what the parties feel is
important in the case. The participants will then discuss possible
solutions. If no agreement is reached, the Judge or Justice may
give a non-binding opinion of what decision they would make if
this case and these facts were presented at trial. The Judge or
Justice’s non-binding opinion may help the parties and their
lawyers reach a resolution without having to go to trial. A
settlement is only reached if everyone agrees.
Source: Department of Justice, Government of Canada
25. Arbitration
This is a formal submission of dispute to one or
more Arbitrators for a decision to be reached.
•The is a quasi-judicial system.
•Arbitration Clause in the contract shows the
terms of arbitration between the parties.
•Decisions are voluntary/binding depending on
the terms of arbitration as enshrined in the
Arbitration Clause.
•Court-Imposed Arbitration is binding.
26. Nigerian Arbitration Law
Arbitration and Conciliation Act Chapter 19
Laws of the Federation of Nigeria 1990
An Act to provide a unified legal frame work for the fair
and efficient settlement of commercial disputes by
arbitration and conciliation; and to make applicable the
Convention on the Recognition and Enforcement of
Arbitral Awards (New York Convention) to any award
made in Nigeria or in any contracting State arising out
of international commercial arbitration.
27. • Chartered Institute of Arbitrators (Nigeria)
http://www.arbitratorsnigeria.org
• American Arbitrators Association
https://www.aaau.org
• Chartered Institute of Arbitrators (UK) http://www.ciarb.org
• Institute of Arbitrators and Mediators Australia
http://www.iama.org.au
• Indian Institute of Arbitration and Mediation
http://www.arbitrationindia.org
• Association of Arbitrators (Southern Africa)
http://www.arbitrators.co.za
• The Singapore Institute of Arbitrators
http://www.siarb.org.sg
Some Professional Arbitration Bodies
28. Arbitration Centers in Nigeria
• The Lagos Regional Centre for International Commercial Arbitration
was established in Lagos Nigeria in 1989 by Asian-African Legal
Consultative Organization (AALCO) and the Nigerian Government
ratified the treaty by enacting Regional Act No. 39 of 1999, Regional
Centre for International Commercial Arbitration
http://www.rcicalagos.org
• Negotiation and Conflict Management Group (NCMG) Operator of
Lagos Multi-Door Courthouse and Abuja Multi-Door Courthouse.
http://www.ncmggroup.org/index.aspx
• Lagos Chamber Arbitration Centre (LAC) established in 2001 by
Lagos Chamber of Commerce and Industry
http://www.lagoschamberng.com/committees_arbitration.php
• Maritime Arbitrators of Nigeria http://www.maanigeria.com
• Society of Construction Industry Arbitrators (SCIArb)
http://sciarb.com/index.html
29. Arbitration Centers in Other Countries 1
• Abu Dhabi Commercial Conciliation & Arbitration Center
• Australian Centre for International Commercial Arbitration
• Arbitration Centre of Sri Lanka
• Arbitration Center of Mexico (CAM)
• Bangladesh International Arbitration Centre
• Chamber of National and International Arbitration of Milan
• Channel Islands Arbitration Centre
• China Maritime Arbitration Commission
• Court of Arbitration at the Polish Chamber of Commerce
• Dubai International Arbitration Centre
• FICCI Arbitration and Conciliation Tribunal (FACT)
• Foreign Trade Arbitration Court- Serbia (FTAC)
• FIAC Frankfurt International Arbitration Center
• Hong Kong International Arbitration Centre
• Hungarian Chamber of Commerce Court of Arbitration
• International Centre for Dispute Resolution, USA
30. Arbitration Centers in Other Countries 2
• International Arbitral Centre of the Austrian Federal Economic Chamber
• International Court of Conciliation and Arbitration of MERCOSUR, Argentina
• International Commercial Arbitration Court of Azerbaijan (ICAC)
• Korean Commercial Arbitration Board
• Kuala Lumpur Regional Centre for Arbitration
• Permanent Arbitration Court of the Mauritius Chamber of Commerce and
Industry
• Permanent Court of Arbitration, The Hague
• Qatar International Center for Conciliation and Arbitration
• Regional Centre for Arbitration at Cairo
• Scottish Council for Arbitration (SCA)
• Sharjah International Commercial Arbitration Centre
• Singapore International Arbitration Centre
• Swiss Arbitration Centre
• Tbilisi Arbitration Chamber
• Tokyo Maritime Arbitration Commission of the Japan Shipping Exchange
31. Review the Role of Industrial Arbitration Panel
in Nigeria and Its Recent Impact.
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
………………………………………………………………………...
32. Tax Appeal Tribunal as Example of Tribunal
Tax Appeal Tribunal (TAT) is established in accordance Tax appeal tribunal
gets new commissioners with Section 59(1) of the Federal Inland Revenue
Service (Establishment) Act 2007. TAT formally took off pursuant to the Tax
Appeal Tribunals Establishment Order 2009 issued by the Minister of Finance,
Federal Republic of Nigeria as published in the Federal Government Official
Gazette No 296, Vol. 96 of 2nd December, 2009. By this enactment, TAT
replaces the former Body of Appeal Commissioners (BAC) and Value Added
Tax (VAT) Tribunals.
Accordingly, TAT adjudicates on all tax disputes arising from operations of the
various Tax Laws as spelt out in the Fifth Schedule to the FIRS Establishment
Act and is established in eight zones to cover the six geo-political zones in
Nigeria. Specifically, it is located in the following cities: Abuja, Lagos, Ibadan,
Benin, Enugu, Kaduna, Jos and Bauchi while the Coordinating Secretariat
located in Abuja, FCT, Nigeria is the central coordinating office which renders
support services and facilitates the operations of the respective zones.
Source: Tax Appeal Tribunal
33. Litigation
This is a legal process for taking dispute through
standard court with the aim of engaging in
judicial contest to achieve credible settlement.
34. Review the Role of National Industrial Court of
Nigeria in Resolving Industrial Disputes.
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
………………………………………………………………………...
35. “Discourage litigation. Persuade your
neighbors to compromise whenever you
can. Point out to them how the nominal
winner is often the real loser — in fees,
and expenses, and waste of time. As a
peace-maker the lawyer has a superior
opportunity of being a good man. There
will still be business enough.”
– Abraham Lincoln
36. List some problems of Litigation as a
Dispute Resolution Method
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………
………………………………………………………………………..
37. “The notion that most people want black-
robed judges, well-dressed lawyers, and
fine paneled courtrooms as the setting to
resolve their dispute is not correct. People
with problems, like people with pains,
want relief, and they want it as quickly and
inexpensively as possible."
- Warren E. Burger, Former Chief Justice United States Supreme Court
38. Dr Elijah Ezendu is Award-Winning Business Expert & Certified Management Consultant with expertise
in Interim Management, Strategy, Competitive Intelligence, Transformation, Restructuring, Turnaround
Management, Business Development, Marketing, Project & Cost Management, Leadership, HR, CSR, e-
Business & Software Architecture. He had functioned as Founder, Initiative for Sustainable Business
Equity; Chairman of Board, Charisma Broadcast Film Academy; Group Chief Operating Officer, Idova
Group; CEO, Rubiini (UAE); Special Advisor, RTEAN; Director, MMNA Investments; Chair, Int’l Board of
GCC Business Council (UAE); Senior Partner, Shevach Consulting; Chairman (Certification & Training),
Coordinator (Board of Fellows), Lead Assessor & Governing Council Member, Institute of Management
Consultants, Nigeria; Lead Resource, Centre for Competitive Intelligence Development; Lead
Consultant/ Partner, JK Michaels; Turnaround Project Director, Consolidated Business Holdings Limited;
Technical Director, Gestalt; Chief Operating Officer, Rohan Group; Executive Director (Various Roles),
Fortuna, Gambia & Malta; Chief Advisor/ Partner, D & E; Vice Chairman of Board, Refined Shipping;
Director of Programmes & Governing Council Member, Institute of Business Development, Nigeria;
Member of TDD Committee, International Association of Software Architects, USA; Member of Strategic
Planning and Implementation Committee, Chartered Institute of Personnel Management of Nigeria;
Country Manager (Nigeria) & Adjunct Faculty (MBA Programme), Regent Business School, South Africa;
Adjunct Faculty (MBA Programme), Ladoke Akintola University of Technology; Editor-in-Chief, Cost
Management Journal; Council Member, Institute of Internal Auditors of Nigeria; Member, Board of
Directors (Several Organizations). He holds Doctoral Degree in Management, Master of Business
Administration and Fellow of Professional Institutes in North America, UK & Nigeria. He is Innovator of
Corporate Investment Structure Based on Financials and Intangibles, for valuation highlighting
intangible contributions of host communities and ecological environment: A model celebrated globally
as remedy for unmitigated depreciation of ecological capital and developmental deprivation of host
communities. He had served as Examiner to Professional Institutes and Universities. He had been a
member of Guild of Soundtrack Producers of Nigeria. He's an author and extensively featured speaker.