The document discusses key concepts and terminology related to civil procedure in India according to the Civil Procedure Code of 1908. It defines important legal terms like cause of action, judgement, decree, jurisdiction, res judicata, and discovery. It also outlines the various stages of civil proceedings, including institution of a suit, appearance of parties, remedies, and discovery processes.
Cpc learning module 8 reference revision and reviewDr. Vikas Khakare
This document provides an overview of reference, review, and revision as outlined in the Code of Civil Procedure in India. It discusses:
1) Reference: A subordinate court can refer a case to the High Court if it involves the validity of a law and the court believes the law to be invalid. The High Court will then decide the legal question.
2) Review: Any aggrieved person can apply to have a court reconsider its own decision, on grounds of new evidence, mistake, or other sufficient reason.
3) Revision: The High Court can revise, or correct, decisions of lower courts if the lower court exceeded its jurisdiction, failed to exercise its jurisdiction, or acted illegally or with irregularity
Code of civil procedure 1908 incidental proceedingsDr. Vikas Khakare
This explains the incidental proceeding arising from the main suit. It covers provisions about death of parties, marriage, insolvency, withdrawal of suit, compromise and when court may issue commission.
The document summarizes the key provisions around temporary injunctions and interlocutory orders under Order 39 of the Code of Civil Procedure, 1908 in India. It discusses the grounds for granting temporary injunctions under Rules 1 and 2 to maintain the status quo during legal proceedings. It also outlines the procedures under Rules 3 and 3A, consequences for disobedience under Rule 2A, discharge or variation of orders under Rule 4, and provisions for interim sale, detention of subject matter, immediate possession, and deposit in court under Rules 6 to 10. The purpose is to provide interim relief and protect suits from becoming infructuous pending final disposal.
The document discusses key concepts and terminology related to civil procedure in India according to the Civil Procedure Code of 1908. It defines important legal terms like cause of action, judgement, decree, jurisdiction, res judicata, and discovery. It also outlines the various stages of civil proceedings, including institution of a suit, appearance of parties, remedies, and discovery processes.
Cpc learning module 8 reference revision and reviewDr. Vikas Khakare
This document provides an overview of reference, review, and revision as outlined in the Code of Civil Procedure in India. It discusses:
1) Reference: A subordinate court can refer a case to the High Court if it involves the validity of a law and the court believes the law to be invalid. The High Court will then decide the legal question.
2) Review: Any aggrieved person can apply to have a court reconsider its own decision, on grounds of new evidence, mistake, or other sufficient reason.
3) Revision: The High Court can revise, or correct, decisions of lower courts if the lower court exceeded its jurisdiction, failed to exercise its jurisdiction, or acted illegally or with irregularity
Code of civil procedure 1908 incidental proceedingsDr. Vikas Khakare
This explains the incidental proceeding arising from the main suit. It covers provisions about death of parties, marriage, insolvency, withdrawal of suit, compromise and when court may issue commission.
The document summarizes the key provisions around temporary injunctions and interlocutory orders under Order 39 of the Code of Civil Procedure, 1908 in India. It discusses the grounds for granting temporary injunctions under Rules 1 and 2 to maintain the status quo during legal proceedings. It also outlines the procedures under Rules 3 and 3A, consequences for disobedience under Rule 2A, discharge or variation of orders under Rule 4, and provisions for interim sale, detention of subject matter, immediate possession, and deposit in court under Rules 6 to 10. The purpose is to provide interim relief and protect suits from becoming infructuous pending final disposal.
Code of civil procedure 1908 jurisdiction of civil courtsDr. Vikas Khakare
This document discusses the jurisdiction of civil courts in India according to the Code of Civil Procedure 1908. It defines jurisdiction as the power of a court to hear and determine cases. There are different categories of jurisdiction including civil and criminal, original and appellate, jurisdiction over subject matter, local or territorial, and pecuniary jurisdiction. Civil courts have jurisdiction over civil disputes but not criminal matters. Lower courts have original jurisdiction while higher courts have appellate jurisdiction. Jurisdiction is determined by the legislature and a court cannot hear cases that are expressly or impliedly barred from its jurisdiction.
The document discusses attachment of property before judgment under Order 38 of the Code of Civil Procedure, 1908 in India. It provides context that courts can take supplementary measures to prevent injustice, including attaching a defendant's property before issuing a judgment. Order 38 Rule 5 lays out conditions for property attachment before judgment, requiring the court's satisfaction that the defendant intends to dispose of or remove the property to obstruct justice. The defendant is given an opportunity to appear before the court and prove why an attachment order should not be issued. The plaintiff must file an affidavit precisely stating grounds for believing the defendant will dispose of property. Overall, attachment before judgment is an extraordinary power that courts use carefully and according to established procedures and legal precedent.
The document discusses the transfer of cases between courts in India. It defines transfer of suit under Sections 22 and 23 of the Code of Civil Procedure, which allows a civil court to transfer a suit from one civil court to another on a defendant's application. The objective of case transfers is to maintain fairness in trial procedures, protect the reputation of courts, and uphold high moral standards among judiciary members. Conditions for transfer include the suit being pending in a competent court, the transferee court being subordinate to the transferring court, and the transferee court having competency to try or dispose of the suit. Courts have the power to transfer cases between subordinate courts at any stage of proceedings, and can start proceedings from the point of transfer
The document discusses the jurisdiction of various Malaysian civil courts. The Magistrate's Court and Session Court have jurisdiction over civil claims involving monetary amounts up to RM100,000 and RM1,000,000 respectively. Case law has established that parties can consent to have claims exceeding these limits tried in the lower courts. The Session Court does not have jurisdiction over matters relating to immovable property title disputes, trusts, or questions regarding marriages or guardianship, with some exceptions.
This document discusses rules related to appeals by indigent persons in India. [1] Rule 1 allows indigent persons to appeal by presenting an application and memorandum of appeal. [2] When considering an application under Rule 1, the court only determines if the applicant is indigent and not the merits of the case. [3] Rejection of an application does not mean the appeal lacks merit, only that indigence was not proven.
This document summarizes criminal and civil court procedures in India. It outlines the different types of criminal and civil courts, their jurisdictions, and powers. It also describes the key aspects of criminal procedure like FIR, investigation, arrest, and appeal. For civil procedures, it discusses topics like parties in a civil suit, notices, injunctions, judgments, appeals, and writ petitions that can be filed in high courts and the supreme court. It also provides an overview of government advocates and their roles in conducting government cases.
This document provides an overview of arbitration agreements and procedures, including:
1. How to draft an arbitration agreement and tailor the procedure to suit needs, such as choosing institutional vs. ad-hoc arbitration, number of arbitrators, and applicable law.
2. The processes for submitting a request for arbitration, statement of defense, and counterclaim.
3. Issues related to the arbitral tribunal, such as conflicts of interest and submissions to the tribunal.
4. Preparing for and participating in arbitration hearings.
5. Options after the award such as requesting correction, interpretation, or annulment of the award.
This document discusses ex-parte proceedings and the procedure for setting aside ex-parte orders and decrees. It begins with introducing key concepts like natural justice, remedies for wrongs, and provisions in the Code of Civil Procedure regarding party appearance and non-appearance. It then defines key terms like suit, pleadings, summons, ex-parte, and decree. It discusses the objectives of pleadings and distinguishes between decrees and orders. Finally, it covers appearance and non-appearance of parties, noting that appearance can be made in person or through a representative and is necessary to submit to the court's jurisdiction.
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KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
This document provides an introduction and overview of key concepts related to the Code of Civil Procedure in India. It defines important legal terms like decree, order, decree holder, judgment, jurisdiction. A decree is the formal expression of an adjudication that conclusively determines the rights of parties in a suit. There are different types of decrees - preliminary, final, and partly preliminary/final. Jurisdiction refers to the power of a court to hear and decide cases and can be original, appellate, over subject matter, local, or pecuniary. The document is intended as a learning module for law students.
- The document discusses the process of summons under the Code of Civil Procedure, 1908 in Bangladesh. It defines a summons as a document used to inform a defendant of a legal proceeding requiring their presence.
- It explains that a summons provides important case details like the plaintiff and defendant names, court name and address, case number, and date the defendant must appear or respond. Failure to comply can result in a default judgment or penalties.
- The document outlines the specific sections of the Bangladesh Code of Civil Procedure regarding issuing summons to defendants, service of foreign summonses, ordering discovery, summoning witnesses, and penalties for non-compliance.
This document discusses temporary injunctions under Indian law. It defines a temporary injunction as continuing until a specified time or further court order, and that they can be granted at any stage of a suit. The primary purpose is to maintain the status quo until the final determination of the suit. It lists 12 cases where a temporary injunction may be granted, such as when property is in danger or being wasted. It outlines the principles a court considers, including whether the plaintiff has a prima facie case, the balance of convenience favors the plaintiff, and the plaintiff would suffer irreparable injury without injunction. It defines these terms and notes injunction is an equitable remedy where the party must do equity and not suppress material facts.
The document summarizes the key aspects of summary procedure under Order XXXVII of the Code of Civil Procedure, 1908 in India. It explains that (1) summary procedure allows for expedited adjudication of money disputes, (2) it applies to courts designated by the High Court and certain classes of suits related to bills, notes, contracts and guarantees, and (3) it provides a streamlined process where the plaintiff can obtain a quick decree if the defendant does not respond in time or is not granted leave to defend by the court.
This file deals with the Section 60-64 of CPC,1908, which talks about the Attachment of property in execution proceedings.
I have tried to make it easier for the students to understand the concept.
In case of any query the undersigned can be reached by email, the address of which has been given in the third last slide.
The document summarizes the rules regarding delivery of property in execution of a decree. It discusses:
- Rules 79-81 deal with delivery of movable property, such as actual property seized, property in another's possession, debts, shares.
- Rules 95-96 deal with delivery of immovable property, such as property occupied by the judgment debtor or their tenant.
- Sections 74 and Rules 97-106 deal with resisting or obstructing delivery of possession to decree holders or purchasers, allowing the court to determine rights, pass orders granting or dismissing applications, and detaining resistants.
This document provides an overview of blockchain technology. It discusses the spectrum of decentralization from centralized to decentralized systems. It defines blockchain and describes its key characteristics including digital ledgers, consensus mechanisms, and distributed networks. It outlines several industries where blockchain is being applied such as finance, legal, supply chain, and healthcare. It discusses when and how blockchain should be used, specifically for shared repositories with multiple non-trusted writers seeking disintermediation. Finally, it outlines the business benefits of blockchain including cost reduction and the risks associated with issues like scalability, privacy, and regulation.
Code of civil procedure 1908 jurisdiction of civil courtsDr. Vikas Khakare
This document discusses the jurisdiction of civil courts in India according to the Code of Civil Procedure 1908. It defines jurisdiction as the power of a court to hear and determine cases. There are different categories of jurisdiction including civil and criminal, original and appellate, jurisdiction over subject matter, local or territorial, and pecuniary jurisdiction. Civil courts have jurisdiction over civil disputes but not criminal matters. Lower courts have original jurisdiction while higher courts have appellate jurisdiction. Jurisdiction is determined by the legislature and a court cannot hear cases that are expressly or impliedly barred from its jurisdiction.
The document discusses attachment of property before judgment under Order 38 of the Code of Civil Procedure, 1908 in India. It provides context that courts can take supplementary measures to prevent injustice, including attaching a defendant's property before issuing a judgment. Order 38 Rule 5 lays out conditions for property attachment before judgment, requiring the court's satisfaction that the defendant intends to dispose of or remove the property to obstruct justice. The defendant is given an opportunity to appear before the court and prove why an attachment order should not be issued. The plaintiff must file an affidavit precisely stating grounds for believing the defendant will dispose of property. Overall, attachment before judgment is an extraordinary power that courts use carefully and according to established procedures and legal precedent.
The document discusses the transfer of cases between courts in India. It defines transfer of suit under Sections 22 and 23 of the Code of Civil Procedure, which allows a civil court to transfer a suit from one civil court to another on a defendant's application. The objective of case transfers is to maintain fairness in trial procedures, protect the reputation of courts, and uphold high moral standards among judiciary members. Conditions for transfer include the suit being pending in a competent court, the transferee court being subordinate to the transferring court, and the transferee court having competency to try or dispose of the suit. Courts have the power to transfer cases between subordinate courts at any stage of proceedings, and can start proceedings from the point of transfer
The document discusses the jurisdiction of various Malaysian civil courts. The Magistrate's Court and Session Court have jurisdiction over civil claims involving monetary amounts up to RM100,000 and RM1,000,000 respectively. Case law has established that parties can consent to have claims exceeding these limits tried in the lower courts. The Session Court does not have jurisdiction over matters relating to immovable property title disputes, trusts, or questions regarding marriages or guardianship, with some exceptions.
This document discusses rules related to appeals by indigent persons in India. [1] Rule 1 allows indigent persons to appeal by presenting an application and memorandum of appeal. [2] When considering an application under Rule 1, the court only determines if the applicant is indigent and not the merits of the case. [3] Rejection of an application does not mean the appeal lacks merit, only that indigence was not proven.
This document summarizes criminal and civil court procedures in India. It outlines the different types of criminal and civil courts, their jurisdictions, and powers. It also describes the key aspects of criminal procedure like FIR, investigation, arrest, and appeal. For civil procedures, it discusses topics like parties in a civil suit, notices, injunctions, judgments, appeals, and writ petitions that can be filed in high courts and the supreme court. It also provides an overview of government advocates and their roles in conducting government cases.
This document provides an overview of arbitration agreements and procedures, including:
1. How to draft an arbitration agreement and tailor the procedure to suit needs, such as choosing institutional vs. ad-hoc arbitration, number of arbitrators, and applicable law.
2. The processes for submitting a request for arbitration, statement of defense, and counterclaim.
3. Issues related to the arbitral tribunal, such as conflicts of interest and submissions to the tribunal.
4. Preparing for and participating in arbitration hearings.
5. Options after the award such as requesting correction, interpretation, or annulment of the award.
This document discusses ex-parte proceedings and the procedure for setting aside ex-parte orders and decrees. It begins with introducing key concepts like natural justice, remedies for wrongs, and provisions in the Code of Civil Procedure regarding party appearance and non-appearance. It then defines key terms like suit, pleadings, summons, ex-parte, and decree. It discusses the objectives of pleadings and distinguishes between decrees and orders. Finally, it covers appearance and non-appearance of parties, noting that appearance can be made in person or through a representative and is necessary to submit to the court's jurisdiction.
LLB LAW NOTES ON CIVIL PROCEDURE AND LIMITATION ACT
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
This document provides an introduction and overview of key concepts related to the Code of Civil Procedure in India. It defines important legal terms like decree, order, decree holder, judgment, jurisdiction. A decree is the formal expression of an adjudication that conclusively determines the rights of parties in a suit. There are different types of decrees - preliminary, final, and partly preliminary/final. Jurisdiction refers to the power of a court to hear and decide cases and can be original, appellate, over subject matter, local, or pecuniary. The document is intended as a learning module for law students.
- The document discusses the process of summons under the Code of Civil Procedure, 1908 in Bangladesh. It defines a summons as a document used to inform a defendant of a legal proceeding requiring their presence.
- It explains that a summons provides important case details like the plaintiff and defendant names, court name and address, case number, and date the defendant must appear or respond. Failure to comply can result in a default judgment or penalties.
- The document outlines the specific sections of the Bangladesh Code of Civil Procedure regarding issuing summons to defendants, service of foreign summonses, ordering discovery, summoning witnesses, and penalties for non-compliance.
This document discusses temporary injunctions under Indian law. It defines a temporary injunction as continuing until a specified time or further court order, and that they can be granted at any stage of a suit. The primary purpose is to maintain the status quo until the final determination of the suit. It lists 12 cases where a temporary injunction may be granted, such as when property is in danger or being wasted. It outlines the principles a court considers, including whether the plaintiff has a prima facie case, the balance of convenience favors the plaintiff, and the plaintiff would suffer irreparable injury without injunction. It defines these terms and notes injunction is an equitable remedy where the party must do equity and not suppress material facts.
The document summarizes the key aspects of summary procedure under Order XXXVII of the Code of Civil Procedure, 1908 in India. It explains that (1) summary procedure allows for expedited adjudication of money disputes, (2) it applies to courts designated by the High Court and certain classes of suits related to bills, notes, contracts and guarantees, and (3) it provides a streamlined process where the plaintiff can obtain a quick decree if the defendant does not respond in time or is not granted leave to defend by the court.
This file deals with the Section 60-64 of CPC,1908, which talks about the Attachment of property in execution proceedings.
I have tried to make it easier for the students to understand the concept.
In case of any query the undersigned can be reached by email, the address of which has been given in the third last slide.
The document summarizes the rules regarding delivery of property in execution of a decree. It discusses:
- Rules 79-81 deal with delivery of movable property, such as actual property seized, property in another's possession, debts, shares.
- Rules 95-96 deal with delivery of immovable property, such as property occupied by the judgment debtor or their tenant.
- Sections 74 and Rules 97-106 deal with resisting or obstructing delivery of possession to decree holders or purchasers, allowing the court to determine rights, pass orders granting or dismissing applications, and detaining resistants.
This document provides an overview of blockchain technology. It discusses the spectrum of decentralization from centralized to decentralized systems. It defines blockchain and describes its key characteristics including digital ledgers, consensus mechanisms, and distributed networks. It outlines several industries where blockchain is being applied such as finance, legal, supply chain, and healthcare. It discusses when and how blockchain should be used, specifically for shared repositories with multiple non-trusted writers seeking disintermediation. Finally, it outlines the business benefits of blockchain including cost reduction and the risks associated with issues like scalability, privacy, and regulation.
El documento discute diferentes estrategias y tácticas para las negociaciones. Define las estrategias como orientaciones generales y las tácticas como acciones específicas. Describe una estrategia conciliadora y cooperativa que involucra encontrar soluciones mutuamente aceptables, y una estrategia de persuasión que procura favorecer los propios intereses. También menciona una estrategia de reducción de aspiraciones y otra de inactividad negociadora. Finalmente, señala factores a considerar para elegir la estrategia apropiada.
Publicação produzida pelo Inmetro, sobre os produtos pré-medidos, aqueles que são embalados e medidos sem a presença do consumidor e que se encontram em condições de comercialização. Normalmente são expostos à venda em
padarias, supermercados, mercadinhos, lojas de conveniências, farmácias, entre outros.
SigmaTec Solutions is an offshore software development company based in Pakistan that offers cost-effective services for small and medium-sized companies. Its services include prototyping, product design and development, quality assurance testing, product maintenance and support, and product reengineering. SigmaTec has experience developing SaaS applications and enterprise software. It aims to be an experienced offshore engineering partner through a collaborative relationship with clients.
Over 90% of communication is nonverbal, so understanding nonverbal cues is important for successful relationships. Nonverbal communication can substitute for, complement, contradict, or emphasize verbal messages. It also helps regulate participation and interaction. Nonverbal communication is culture-specific, governed by social rules, ambiguous to interpret, continuous, nonlinguistic without clear patterns, and uses multiple channels simultaneously.
discovering the functionality of the plantpax library of process object140625...Shashi Ranjan Singh
The document provides an overview of the PlantPAx library of process objects. The library includes reusable control and HMI objects that accelerate project engineering. It contains standard applications, control strategies, devices, and Logix programming and visualization tools. The library aims to improve engineering efficiency and consistency, as well as the predictability and "out-of-the-box" experience of PlantPAx systems. The document demonstrates several objects within the library and how they can be used.
The document discusses strategies for migrating from a legacy DCS to Rockwell Automation's PlantPAx system, including tools to reduce risk and cost during the migration. It provides an overview of the global DCS migration market and challenges faced. Additionally, it shares a success story of migrating a Honeywell TDC3000 system to PlantPAx for a tissue manufacturing customer.
This document outlines a 5-step process for developing a value proposition. The steps include: 1) identifying the value proposition question; 2) listing 5-10 potential claims of value and ranking their appeal and exclusivity; 3) rating each claim on appeal and exclusivity; 4) identifying evidentials for the top 1-3 claims; and 5) crafting an argument integrating the top claims and evidentials.
Rambridge Wholesale Supply is a manufacturer and distributor of gardening and hydroponics supplies with over 35 years of experience. They produce their own line of products at their headquarters in Calgary, Canada and import from international suppliers. They have distribution centers in Canada and the US. The document provides information on Rambridge's product lines, including nutrients for vegetative growth and flowering, as well as contact information. It is inviting wholesale customers to register on their website.
Yosief Habtemariam provides a curriculum vitae summarizing his personal and professional experience. He has over 30 years of experience in administration, finance, and personnel management for both private and governmental organizations in Eritrea and South Sudan. Currently he works as an Administrator and Project Follow-up Officer for Canaan Construction Company in South Sudan, overseeing 123 employees. He holds a BSc in Advanced Management and certificates in urban economic development, personnel management, and guided credit systems.
This study examined assumptions that young people prefer online news over print newspapers. A survey of 198 U.S. college newspaper advisers found that while digital platforms are popular, print editions remain the most read format and generate the most advertising revenue. The majority of advisers saw print circulation and revenue as stable or declining only slightly in the past 3 years. Most advisers viewed an online-only model as unlikely within 5 years, noting that the print edition's campus presence is important for visibility and readership among college students. The findings suggest digital natives are not entirely abandoning print newspapers as commonly believed.
This document summarizes a study of website features on the top 100 circulation newspapers in the United States in 2012 and compares the results to a 2006 study. The researchers analyzed 36 features across the newspapers, finding significant increases in interactivity features like comments and blogs between 2006 and 2012. Multimedia features like video also neared saturation levels. Distribution features like registration and paywalls also increased substantially. The researchers conclude that advances in technology and a focus on readers have led newspapers to adopt more interactive and engaging features on their websites.
The document discusses different types of conformal coatings, their properties and applications. It defines conformal coating as a thin protective plastic film that conforms to an electronic circuit board. The main types covered are acrylics, polyurethanes, epoxies, silicones and fluorocarbons. Acrylics are most common due to their low cost and ease of application, while silicones are suitable for high temperature uses. Key factors in selecting a coating include chemical resistance, temperature tolerance, and ease of application and repair.
This document discusses the need for more research on the influence of advertisers on online journalism. It notes that while there is extensive research on how advertisers have traditionally influenced traditional media outlets, the literature on how advertisers impact online media is still developing. The objectives are to highlight the need for more research in this area, consider how existing research on traditional media can inform the study of online contexts, and put forth some initial propositions about how advertisers may influence online journalism. It also discusses how the dynamics of advertiser influence may differ between traditional and online media given changes in things like news organizations' structure and revenue models in the online space.
Cartilha produzida pelo Inmetro, em linguagem de quadrinhos, sobre os reguladores de pressão para gás, que são certificados obrigatoriamente pelo Inmetro.
LGBT son las siglas que representan a lesbianas, gais, bisexuales y personas transgénero. El término LGBT surgió en los años 1990 para representar mejor a estas comunidades que la expresión "comunidad gay". Ahora también incluye a personas queer a través de la letra Q, como pansexuales e intersexuales.
The document discusses codes and conventions used in interview filming. Typically, the camera is positioned straight ahead and centered, while the interviewee sits to one side with the interviewer close to the camera. Only the interviewee is seen or heard, with their location determining any background props or objects visible. Editing allows an interviewee's responses to be heard without showing the interviewer.
The document discusses alternative dispute resolution through arbitration. It addresses the number of arbitrators that can be appointed, which is determined by the arbitration agreement but defaults to one arbitrator for domestic arbitration and three for international arbitration. It outlines the process for appointing arbitrators, including by agreement of the parties, each party appointing one, or appointment by the Director of KLRCA or High Court if agreement cannot be reached. It describes the grounds and process for challenging an arbitrator, as well as the typical processes involved in an arbitration proceeding, including exchanging statements, conducting hearings, closing the case, and rendering a final written award.
To analyse and understand the provisions of Foreign Exchange Management (Adjudication Proceedings And Appeal) Rules, 2000. We shall understand the provisions relating to imposition of penalty, the adjudicating authority, inquiry proceedings and the various aspects of appeal.
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 document summarizes key aspects of the Arbitration and Conciliation Act 1996 in India, including amendments made in 2015, 2019, and 2020. It provides an overview of the parts of the act relating to domestic and foreign arbitration, conciliation procedures, enforcement of foreign awards, and the roles of courts in arbitration. It also summarizes changes introduced by the amendments, such as recognizing electronic agreements, establishing an Arbitration Council of India, relaxing time limits, ensuring confidentiality for arbitrators, and clarifying stay provisions for arbitral awards.
Arbitration as Applicable in Pakistan.pptxFahim Siddiqui
This document summarizes arbitration procedures in Pakistan. It notes that arbitration is a form of alternative dispute resolution where parties voluntarily agree to have their dispute settled by an arbitrator rather than courts. The arbitrator hears evidence from both sides and issues a final award that can be enforced by courts. However, under Pakistan's previous Arbitration Act, parties could frequently delay proceedings by seeking intervention from courts. The new Act aims to limit such intervention and make arbitration more efficient.
Fast Track Arbitration Procedure, Section 29B, Singapore International Arbitration Center (SIAC), SIAC Rules (6th Edition, 1 August 2016) ("SIAC Rules 2016”), Emergency Arbitration, Emergency Arbitrator, Fess, Hong Kong International Arbitration Center, Expedited Procedure,
The document summarizes UAE's Civil Procedure Code related to arbitration. Some key points:
1. Parties to a contract can agree in writing to refer any disputes to arbitration. Arbitration is not permitted for matters that cannot be reconciled or for disputes over rights parties are not legally entitled to dispose of.
2. If an arbitrator refuses or is unable to serve, the court will appoint a replacement at the request of one of the parties.
3. Arbitrators must issue an award in writing within 6 months unless parties agree to an extension. The award must be approved by the court to be enforced. Parties can request to nullify the award for specific reasons.
This document summarizes Indonesian arbitration law, including legal sources, principles, and procedures. It discusses key topics such as the exclusivity of arbitration, scope of arbitration agreements, requirements for arbitrators, arbitration procedures, provisional decisions, binding opinions, arbitration awards, and the execution and cancellation of awards. The document is intended to provide an overview of Indonesia's arbitration framework and guidance for resolving commercial disputes through arbitration.
The document summarizes the consumer dispute redressal agencies in India. It outlines three levels of agencies established under the Consumer Protection Act of 1986 to handle consumer complaints - district forums established by state governments, state commissions established by state governments, and a national commission established by the central government. It provides details on the jurisdiction and authority of each agency to entertain consumer complaints regarding defective goods or deficient services based on the value of claims. The document also describes the composition, procedures to file and hear complaints, and rights to appeal orders at each level of the consumer dispute redressal system in India.
Introduction to cpc 1962
particular and society in general. Especially in India, she is seen as preserver
of social norms, traditions, customs, morality and family cohesiveness. In the present
world a woman has taken up all responsibility of making a mark of her own to have
an own identity along with nurturing her family. But it is sad to see that women’s
achievement is also getting extended towards criminality in the social, cultural,
economic and political milieu of India. Female Criminality in India is at rise along
with the increase in crime against woman. The issue has reached to an alarming level
which has compelled all the socially responsible scholars to focus on root cause of
female turning to criminal activities in larger numbers. Female criminality has been
theoretically stated as complicated less understood and subject to easy control. The
social environment contributes a lot to the making of women criminals.
Female crime is a main indicator to measure a community’s moral standards.
Because compared with male crime, the number and proportion of female crime is
low, scholars and the judiciaries were not concerned about female crime for a long
time. But in recent years, the rapid growth of female crime and the emergence of the
new features had to be given extensive attention.1
Female crime has seriously affected
the marriage and family stability and social development. In this context, it is
particularly necessary to discuss the reasons for female crime and bring forward the
corresponding control measures
The phrase “Female crime’, by definition, refers to the crimes committed b
The Civil Procedure Code of 1908 consolidates laws relating to civil procedure in India. It contains 158 sections establishing fundamental principles that create jurisdiction, as well as 51 orders containing rules governing detailed procedures for exercising jurisdiction. The Code establishes the jurisdiction and authority of various civil courts in India, from lowest level civil courts to the Supreme Court. It also governs the filing of civil suits, issuance of summons, parties to suits, procedures for evidence production, interim orders, appeals, and execution of decrees.
The document discusses various provisions of the Arbitration and Conciliation Act relating to arbitration procedures and awards. It provides details on:
- How arbitral tribunals should decide disputes both in domestic and international commercial arbitrations.
- Timelines for arbitral awards and provisions for fast-track procedures if agreed by parties.
- Contents required in an arbitral award and the tribunal's power to determine costs.
- Grounds and process for setting aside an arbitral award.
The document discusses the arbitration process between EPS and GI regarding a death insurance claim.
1) EPS must first appoint an arbitrator and notify GI within 30 days. If they fail to do so, either party can request the court to appoint an arbitrator.
2) Once appointed, the arbitrator will hold preliminary meetings to discuss procedures, dates, and evidence. They will then conduct hearings where both sides can present their case.
3) The arbitrator will make a final decision on whether the death was accidental or suicide based on the evidence provided. This decision will settle the insurance claim dispute between EPS and GI.
TOT Alternative Dispute REsolution.pptxMARINELORO1
This document outlines the alternative dispute resolution (ADR) system and mediation process used by the Department of Education (DepEd) in the Philippines. It establishes the legal basis for ADR in DepEd, including an executive order and law. The objectives are to manage disputes at the lowest level possible and provide an alternative to existing dispute mechanisms. Mediation is defined as a process that facilitates communication between disputing parties to help them voluntarily settle the dispute. The document details the mediation process used by DepEd, including initial evaluation of disputes, selection of mediators, conducting mediation conferences, and requirements for a settlement agreement. It also establishes guidelines for mediators, parties, and ensuring confidentiality of the mediation proceedings.
The document summarizes key aspects of the Arbitration and Conciliation Act 1996 in India. It defines terms like arbitration, arbitral award, arbitral tribunal. It discusses the number of arbitrators, appointment and challenge procedures. It covers interim measures by courts and arbitral tribunals. It also summarizes provisions regarding the jurisdiction of arbitral tribunals, determination of procedures, place of arbitration, language and time limits for awards. The document concludes with a brief overview of provisions regarding setting aside awards, enforcement, appeals and conciliation under the Act.
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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.
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सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
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2. 1. GENERAL PROVISIONS
• 1.1 Purpose
These rules (referred to as the “Paris Arbitration Rules” or these
“Rules”) shall apply when the parties have selected them. They
are intended to provide a framework for the swift, efficient and
cost-effective resolution of disputes in keeping with due process.
As such, they empower the Arbitral Tribunal with wide discretion to
resolve procedural difficulties and impose a correlative duty of
cooperation on the parties. At all times, the Arbitral Tribunal should
be mindful of the overall objectives of these Rules when applying
them.
• 1.2 Freedom to amend
The parties are free to amend these Rules as they see fit.
Amendments made after the arbitrator(s) have accepted their
mandate shall require the agreement of all the arbitrator(s).
3. • 1.3 Appointing Authority
The Secretary-General of the Permanent Court of Arbitration in
The Hague shall be the Appointing Authority under these Rules.
• 1.4 Preliminary observation
In these Rules the terms claimant, respondent, party or claim are
used brevitatis causa to respectively designate one or more
claimant(s), respondent(s), party(ies) or claim(s).
• 1.5 Confidentiality
The arbitration, together with all materials in the proceedings
created for the purpose of the arbitration and all other documents
submitted or exchanged in the course of the proceedings not
otherwise in the public domain shall be confidential, except in so
far as disclosure may be required by legal duty, to protect or
pursue a legal right (including before an arbitral tribunal) or in the
enforcement of, or challenge to, an award in bona fide legal
proceedings.
4. 2. COMMUNICATIONS
• 2.1 Means of communication
All means of communication allowing for a written record of the
transmission are acceptable under these Rules.
• 2.4 Potential difficulties
In the event of difficulty, the intended recipient shall cooperate
by providing all information it possesses regarding the tracing
of the communication.
5. 3. TIME-LIMITS
• 3.1 Time-limits fixed by the Arbitral Tribunal
• Time-limits fixed by the Arbitral Tribunal or agreed by the parties are
mandatory. Submissions made and evidence submitted after the prescribed
time-limit may be declared inadmissible in the discretion of the Arbitral
Tribunal.
• 3.2 Time-limit To render the award
The parties and the arbitrators shall make every effort so that the award is
rendered within 18 months from the later of the following dates: 1) the date of
the first hearing and 2) the date on which all members of the Arbitral Tribunal
have accepted their mandate as arbitrator, and within 3 months from the date
of the last procedural step provided in the calendar (hearing or written
submission). In the event these time-limits are not complied with, the
Appointing Authority shall, at the request of any party, inquire with the Arbitral
Tribunal regarding the reasons for such non-compliance. The Arbitral Tribunal
shall provide the Appointing Authority with all relevant information. The
Appointing Authority may, if appropriate, replace or remove one or more
arbitrators in accordance with Article 5.6 of these Rules.
6. 4. INTERIM ARBITRATOR
• 4.1 Principle
Any party may request the appointment of an Interim Arbitrator at any time
prior to the constitution of the Arbitral Tribunal (irrespective of whether the
party making the application has already submitted a request for arbitration).
The fact that the jurisdiction of the Arbitral Tribunal is disputed shall be no bar
to the appointment of an Interim Arbitrator.
• 4.2 Powers of the Interim Arbitrator
The Interim Arbitrator has full discretion to grant whatever interim relief he or
she deems appropriate in view of the circumstances. In exercising this
discretion, the Interim Arbitrator may take into consideration, among other
things, the urgency of the matter, if any, the fact, if applicable, that certain
rights are not seriously disputed, the necessity of the relief sought, and the
respective situations of the parties if the relief sought is or is not granted.
• The Interim Arbitrator may also prescribe any measure applicable until his or
her decision on the interim relief sought is rendered.
7. • 4.5 Provisional nature of decision
Any decision rendered by the Interim Arbitrator is provisional in nature. It may
be reversed, withdrawn or modified at any time by the Interim Arbitrator or the
Arbitral Tribunal. It shall not bind the Arbitral Tribunal.
• 4.6 Reasons for decision–Undertaking to comply
• Decisions rendered by the Interim Arbitrator may contain succinct reasons only
or no reasons at all if circumstances so warrant (in which case reasons shall
be provided at a later stage as soon as reasonably practicable). The parties
undertake to comply with any decision made by the Interim Arbitrator.
• 4.7 Ex parte application
Any party is free to make an ex parte application and the Interim Arbitrator may
grant relief ex parte. The application shall set out the reasons for the recourse
to ex parte proceedings and shall contain a full disclosure of all the relevant
facts. The Interim Arbitrator may refuse to render a decision on an ex parte
basis without giving reasons. In the event that a decision is rendered on an ex
parte basis, such decision shall remain valid only until the Interim Arbitrator
has rendered an inter partes decision. Upon rendering a decision on an ex
parte basis, the Interim Arbitrator shall give the other party an opportunity to be
heard as soon as practicable.
8. • 4.8 Costs
The costs of the procedure before the Interim Arbitrator shall be advanced
by the party requesting the appointment of an Interim Arbitrator. The
requesting party shall deposit with its application an initial amount of EUR
15,000 to an account indicated by the Appointing Authority. Thereafter,
this party shall deposit such amounts as directed by the Interim Arbitrator.
Upon rendering his or her decision, the Interim Arbitrator may allocate the
costs as he or she sees fit.
• 4.9 Non-exclusivity
Nothing in this Article shall deprive the parties of any right they may have
to apply for interim measures to any competent court.
9. 5. CONSTITUTION OF THE ARBITRAL
TRIBUNAL
• 5.1 Appointment of arbitrators
• a. Generalities
For the purpose of calculation of time-limits, an arbitrator shall be
deemed appointed when he or she has accepted his or her mission,
notwithstanding any subsequent challenge. The choice of a presiding
arbitrator by agreement between arbitrators shall be unaffected by the
fact that any party-appointed arbitrator is subsequently disqualified.
• An Interim Arbitrator shall not act as an arbitrator in any arbitration
relating to the dispute that gave rise to the application for his or
her appointment.
• b. Sole arbitrator
When the parties have agreed to the appointment of a sole arbitrator, the
Appointing Authority shall appoint the sole arbitrator at the request of a
party in the event that he or she has not been appointed by agreement
between the parties within 30 days from the date of receipt of the request
for arbitration.
10. • Three arbitrators
When the parties have agreed that three arbitrators shall be appointed, each
party shall appoint an arbitrator and the two arbitrators shall appoint a
presiding arbitrator within 30 days of their appointment. The claimant shall
appoint an arbitrator with the request for arbitration and the respondent shall
appoint an arbitrator within 30 days of the appointment by the claimant of its
arbitrator. In making the appointment of the presiding arbitrator, the
arbitrators shall consult the party or parties that appointed them and take
their views into account. The presiding arbitrator may not be of the same
nationality as any of the parties.
In the event that either party fails to appoint an arbitrator as provided above,
the arbitrator shall be appointed by the Appointing Authority at the request of
a party. The same applies in the event that the two arbitrators fail to appoint a
presiding arbitrator within the prescribed time-period.
• d. No agreement on the number of arbitrators
When there is no agreement on the number of arbitrators three arbitrators
shall be appointed in accordance with Article 5.1(c).
11. e. Multiple parties
• In the event that there are multiple parties as claimants or
respondents, the multiple parties shall jointly appoint an
arbitrator as provided in Article 5.1(b) or (c). Failure to agree on
such an appointment shall result in all arbitrators being
appointed by the Appointing Authority at the request of the most
diligent party. In doing so, the Appointing Authority has the
power to revoke any prior appointment.
12. • 5.3 Disclosure by arbitrators
Upon their appointment, arbitrators shall disclose any
circumstances which, in the eyes of the parties, may call into
question their independence or impartiality. This disclosure
obligation shall apply throughout the duration of the arbitration.
Failure to object within 15 days of such disclosure, or of the
date at which a party otherwise became or should have
become aware of such circumstances, shall result in the loss of
the right to challenge the arbitrator for such circumstances.
13. • 5.4 Duty of the parties to inform arbitrators of relevant circumstances
The parties have the obligation to inform the arbitrators of any
circumstances of which they are aware which may be relevant for the
arbitrators for the purposes of the disclosure to be made under Article
5.3. This obligation shall apply throughout the duration of the
arbitration. Failure by either party to comply with this obligation shall
result in the defaulting party losing its right to challenge the arbitrator
in relation to the circumstances not brought to the arbitrators’
attention, except if the defaulting party can show that the arbitrator
should in any event have been aware of those circumstances
14. • 6.1 Multiple parties
The claimant may nominate more than one respondent in the
request for arbitration. Similarly, the respondent may, in its reply
to the request for arbitration, make a claim against more than
one party to the arbitration agreement (be it the initial claimant
or not).
15. • 6.5 Initial hearing
As soon as practicable after the appointment of the sole arbitrator or the
presiding arbitrator, as the case may be, the Arbitral Tribunal shall hold an
initial hearing. The initial hearing may be held in person or by any other
appropriate means. At the initial hearing, the Arbitral Tribunal shall fix the
procedural calendar for the arbitration. The Arbitration Tribunal may also draw
up a list of issues to be dealt with (which need not be agreed by the parties)
and a set of specific procedural rules to be applied in the arbitration. The
decisions made at the initial hearing shall be reduced to writing by the Arbitral
Tribunal.
• 6.6 Procedural calendar
When the parties agree on a procedural calendar, the Arbitral Tribunal shall be
bound by it (save for hearing dates which depend on the availability of all
parties concerned and for the date of rendering the award, which shall require
the agreement of the Arbitral Tribunal). Absent the parties’ agreement, the
Arbitral Tribunal, after having heard the parties, shall fix the procedural
calendar, having regard to the 18 month time-period provided under these
Rules.
• 6.7 Written submissions
The parties shall file one or more written submissions in accordance with the
procedural schedule. Written submissions shall be as concise and focused as
possible.
16. • 6.8 Evidence
• e. The Arbitral Tribunal may decide in its discretion to refuse or
limit witness or expert appearances.
• f. The Arbitral Tribunal may appoint one or more experts, after
having discussed the mandate of such expert(s) with the
parties.
• g. The Arbitral Tribunal may require the parties to produce
identified documents or disclose specified information. In the
event that such document or information is confidential, the
Arbitral Tribunal may preserve confidentiality by all appropriate
means.
• h. In general, documents should be produced in their native
format. In the event of electronic documents, metadata need
not be produced, unless the Arbitral Tribunal directs otherwise,
in the interests of justice.
17. • 6.9 Hearings
The procedural calendar may provide for the holding of one or
more hearings, as appropriate. If a party so requests, a hearing
for oral argument shall be held by the Arbitral Tribunal.
Hearings shall generally be held in person, but may also be
held by video or audio conference where appropriate.
18. 7. CERTAIN POWER AND DUTIES OF
THE ARBITRAL TRIBUNAL
• 7.1 Duty to respect due process
At all times, the Arbitral Tribunal shall ensure that due process is
respected.
• 7.2 Procedural orders
The Arbitral Tribunal has power to render procedural orders. The presiding
arbitrator, after having consulted the co-arbitrators, may render procedural
orders alone.
19. 7.3 Interim measures
• a. The Arbitral Tribunal has full discretion to grant whatever interim relief it
deems appropriate in view of the circumstances. In exercising this
discretion, the Arbitral Tribunal may take into consideration, among other
things, the urgency of the matter, if any, the fact, if applicable, that certain
rights are not seriously contested, the necessity of the relief sought, and
the respective situations of the parties if the relief sought is or is not
granted. The Arbitral Tribunal may also prescribe any measure applicable
until the decision on the relief sought is rendered.
• b. The Arbitral Tribunal shall not be bound by the decisions of the Interim
Arbitrator, if any. It may, after having heard the parties, reverse, withdraw
or modify any decision made by the Interim Arbitrator.
20. • 7.4 Early disposition of all or part of the case
The Arbitral Tribunal may, on its own motion or at the request of a party, decide to dispose
of all or part of the case by way of an early award, including by dismissing the claim at an
early stage, if it considers such conditions as it determines, in its discretion, to be
applicable for such early dismissal are met.
• 7.5 Majority of Arbitral Tribunal to continue proceedings If any arbitrator on a three-
member Arbitral Tribunal refuses or persistently fails to participate in its deliberations, the
two other arbitrators shall have the power, upon their written notice to the parties and the
third arbitrator, to continue the arbitration (including the making of any decision, ruling or
award), notwithstanding the absence of the third arbitrator. In determining whether to
continue the arbitration, the two other arbitrators shall take into account the stage reached
by the arbitration proceedings, any explanation given by the third arbitrator for his or her
non-participation and such other matters as they consider appropriate in the
circumstances of the case. The reasons for such determination shall be stated in any
award, order or other decision made by the two arbitrators without the participation of the
third arbitrator.
• 7.6 Costs
The Arbitral Tribunal may, in any award, allocate all or part of the costs, in its discretion.
Costs may include the fees and expenses of the arbitrators (including the Interim
Arbitrator), the cost of legal representation, of experts and consultants (including
witnesses acting as consultants). Costs may also include management time and
expenses. In making decisions as to costs, the Arbitral Tribunal may take into account
such circumstances as it considers relevant, including the extent to which each party has
conducted the arbitration in an expeditious and cost-effective manner.
21. • 8.1 Power of the Arbitral Tribunal
The Arbitral Tribunal shall have the power to determine its own
jurisdiction.
• 8.2 Timing
Any objection to the jurisdiction of the Arbitral Tribunal or the
admissibility of a claim shall be raised at the latest with the
reply to the request for arbitration, or with the reply to the claim
made by the respondent in the event of a claim made by the
respondent. Any objection to the jurisdiction of the Arbitral
Tribunal or the admissibility of a new claim or an amended
claim shall be raised within 30 days of such new claim or
amended claim.
• 8.3 Waiver if objection not raised
Failure to raise an objection in accordance with Article 8.2 shall
result in the objection to the jurisdiction of the Arbitral Tribunal
or the admissibility of the claim being waived.
22. 9. MULTIPLE LEGAL RELATIONSHIPS
• Claims arising under more than one instrument or legal
relationship may be made in a single arbitration when:
• a. the parties to the arbitration are parties to all such
instruments or legal relationships;
• b. all such instruments or legal relationships are subject to an
agreement referring to these Rules;
• c. the place of arbitration in all such instruments or legal
relationship is the same or is not specified.
• These conditions are cumulative.
23. 10. CORRECTION – INTERPRETATION
OF THE AWARD
• 10.1 Correction
Within 15 days from the notification of the award, any party may request the Arbitral
Tribunal to correct any error in the nature of a clerical or computational mistake. If the
Arbitral Tribunal, having consulted the parties, determines that the request is justified, it
shall issue the corrected award within 30 days after the receipt of such request.
• 10.2 Interpretation
Within 15 days from the notification of the award any party may request the Arbitral
Tribunal to interpret the award. If the Arbitral Tribunal, having consulted the parties,
determines that an interpretation is warranted, it shall issue the interpretation within 45
days after the receipt of such request. The interpretation shall form part of the award.
• 10.3 No reconsideration of the merits of the decision Neither the request for correction nor
the request for interpretation shall be a pretext to request the Arbitral Tribunal to
reconsider the decision arrived at in the award. The Arbitral Tribunal has full power, after
consulting the parties, to dismiss summarily any request for correction or interpretation
which, in the opinion of the Arbitral Tribunal, constitutes a disguised request for
reconsideration of its previous decision.
24. 11. FINAL PROVISIONS
• 11.1 Place of arbitration
Failing an agreement between the parties on the place of
arbitration, the place of arbitration shall be Paris. Hearings can
be held in all appropriate locations as may be decided by the
Arbitral Tribunal or Interim Arbitrator on its own motion or upon
request of a party.
• 11.3 Notification of the award
The award shall be notified by the Arbitral Tribunal to the
parties in electronic format, followed by a hard-copy by courier
or hand delivery, at the addresses given by the parties in the
request for arbitration and the reply to the request for
arbitration, unless subsequently modified by notice to the
Arbitral Tribunal and the other party. The date of notification
shall be that of the electronic transmission.
25. • 11.4 Fees and expenses of Arbitral Tribunal
The methods of compensation of the Arbitral Tribunal shall be
determined by agreement between the parties and the Arbitral
Tribunal. In the absence of such agreement, any of the parties or
members of the Arbitral Tribunal may request that the Appointing
Authority determine the method of compensation of the Arbitral
Tribunal. In principle, the Arbitral Tribunal shall apply an hourly
rate that is commensurate with the complexity of the case and the
amounts in dispute. Once the method of compensation of the
Arbitral Tribunal is agreed, the Arbitral Tribunal may direct the
parties, in such proportions as it deems appropriate, to make one
or several interim or final payments of deposits on account of the
costs of the arbitration. The Arbitral Tribunal may suspend its work
as long as such deposits have not been paid.
26. • 11.6 VAT
Insofar and to the extent that the fees of arbitrators are subject
to VAT according to the applicable tax laws, the parties jointly
and severally undertake to pay VAT to the arbitrators concerned
on first demand upon presentation by the Arbitrators of relevant
invoices. Each party undertakes, if the Arbitral Tribunal so
requests, to advance by way of deposit to the arbitrators
concerned the estimated amount of VAT.
27. • 11.7 Case-dedicated bank account
The Arbitral Tribunal or the Interim Arbitrator may open a case-
dedicated bank account.
• 11.8 Waiver if no objection
A failure without any legitimate reason by any party to object
promptly to any non-compliance with these Rules or with any
requirement of the arbitration agreement shall be deemed to be a
waiver of the right of such party to make such an objection.
• 11.9 Enforceability
It shall be the duty of the parties and the arbitrators, wherever
possible, to take such steps as may be necessary to ensure that
the award is enforceable by any competent courts.