The Practical Law of Arbitration and Conciliation is a new edition of the definitive work on arbitration and conciliation law. It sets out the legal framework for resolving disputes without recourse to litigation.
What's You Sees is What's You Gets- The Land Titles Registry I Once KnewRichard Saad
Commercial Mortgage TRANSACTIONS 2015
Panel – Professionalism Issues for Mortgage Transactions
What's You Sees Is What's You Gets: The Land Titles Registry I Once Knew
Simon Crawford Bennett Jones LLP
September 17, 2015
What's You Sees is What's You Gets- The Land Titles Registry I Once KnewRichard Saad
Commercial Mortgage TRANSACTIONS 2015
Panel – Professionalism Issues for Mortgage Transactions
What's You Sees Is What's You Gets: The Land Titles Registry I Once Knew
Simon Crawford Bennett Jones LLP
September 17, 2015
Corporate Criminal Liabilty | Law Journal | Law NotesLawColloquy
‘Law Colloquy’ has been created for documenting short precise and substantive articles/ notes/ videos/ news on perceptions regarding various important topics of law.
Conduct of arbitral proceeding vaibhav goyalVaibhav Goyal
Arbitration and conciliation have been the preferred system of resolution of disputes in India from times immemorial. Sir Henry Maine observes that, “In those parts of India, in which village community was most perfect, the authority, exercised elsewhere by the headman, was lodged with what was called the village council or the panchayat.” The prevalent system of arbitration in India made Chief Justice Marten compelled to state in the case of Chanbasappa Gurushantappa vs. Baslinagayya Gokurnaya Hiremath (1927) that “It is indeed a striking feature of ordinary Indian life. And I would go further and say that it prevails in all ranks of life to a much greater extent than is the case in England. To refer matters to a Panch is one of the natural ways of deciding many a dispute in India.” The Orissa High Court in the case of State of Orissa vs. Gangaram Chhapolia (1982), traced the sequence of the formal codification of law on arbitration starting from Bengal Regulations of 1772 and 1780 to Bengal Regulation IX of 1883 which authorised Settlement Officers to refer disputes to arbitration. The Britishers introduced various acts dealing with the law on Arbitration including the Act IX of 1840, the Specific Relief Act of 1878, the Code of Civil Procedure of 1908, the Indian Arbitration Act of 1940 and The Arbitration and Conciliation Act, 1996.
The Practical Law of Arbitration and Conciliation is a new edition of the definitive work on arbitration and conciliation law. It sets out the legal framework for resolving disputes without recourse to litigation.
Ouster clauses and jurisdiction of civil courtsAnuja Aiyappan
The aim of the ppt is to understand what ouster clauses and jurisdiction of civil courts implies with respect to the Code of Civil Procedure applicable in and to do a study of the different provisions under the corresponding statutes.
Corporate Criminal Liabilty | Law Journal | Law NotesLawColloquy
‘Law Colloquy’ has been created for documenting short precise and substantive articles/ notes/ videos/ news on perceptions regarding various important topics of law.
Conduct of arbitral proceeding vaibhav goyalVaibhav Goyal
Arbitration and conciliation have been the preferred system of resolution of disputes in India from times immemorial. Sir Henry Maine observes that, “In those parts of India, in which village community was most perfect, the authority, exercised elsewhere by the headman, was lodged with what was called the village council or the panchayat.” The prevalent system of arbitration in India made Chief Justice Marten compelled to state in the case of Chanbasappa Gurushantappa vs. Baslinagayya Gokurnaya Hiremath (1927) that “It is indeed a striking feature of ordinary Indian life. And I would go further and say that it prevails in all ranks of life to a much greater extent than is the case in England. To refer matters to a Panch is one of the natural ways of deciding many a dispute in India.” The Orissa High Court in the case of State of Orissa vs. Gangaram Chhapolia (1982), traced the sequence of the formal codification of law on arbitration starting from Bengal Regulations of 1772 and 1780 to Bengal Regulation IX of 1883 which authorised Settlement Officers to refer disputes to arbitration. The Britishers introduced various acts dealing with the law on Arbitration including the Act IX of 1840, the Specific Relief Act of 1878, the Code of Civil Procedure of 1908, the Indian Arbitration Act of 1940 and The Arbitration and Conciliation Act, 1996.
The Practical Law of Arbitration and Conciliation is a new edition of the definitive work on arbitration and conciliation law. It sets out the legal framework for resolving disputes without recourse to litigation.
Ouster clauses and jurisdiction of civil courtsAnuja Aiyappan
The aim of the ppt is to understand what ouster clauses and jurisdiction of civil courts implies with respect to the Code of Civil Procedure applicable in and to do a study of the different provisions under the corresponding statutes.
The Hon'ble Supreme Court in the case of Afcons Judgment has interpreted Section 89 of CPC. In the said judgment Hon'ble Supreme Court has laid down what the referral judge is supposed to do while referring the case for any Alternative Dispute Resolution (ADR). New Mediation Rules come into existance in the year 2015. Wherein also provisions for referral judges are made. This ppt will help Hon'ble Judges to refer cases for Mediation. This document also speaks about Lok Adalat, Conciliation, Arbitration and Judicial Settlement and intricacies involved therein.
The Law of Partnership in Indian Contract Act.pdfmarkandalaw
I’m often asked which contract casebooks I recommend. I have, however, found the best answer is a book without cases. While they are helpful study aids, many of the materials published in the popular cases books are out-of-date and contain errors. This might seem like you’re getting gypped off learning from actual contract cases, but it’s not. You assigned to such projects as a law student.
Mark and Talotta Law is the top law blog in Chandigarh. The blog focuses on Indian legal news, laws, and commentary. The blog publishes weekly articles related to law including topics like employment law, criminal law and more.
LAW OF PARTNERSHIP By PC MARKANDA (1).pdfmarkandalaw
It's not always easy to understand legal and technical issues. And, Law and Practice of Building Contracts 5th Edition is no exception to that. If you try reading the whole book from cover to cover, your eyes may glaze over, and you will probably be lost after the first chapter. Don't worry! You can still learn a lot from this book.
LAW RELATING TO ARBITRATION AND CONCILIATION 9TH EDITION This best-selling book incorporates the latest Arbitration and Conciliation Act, 1996, including all amendments made by the Amendment Acts of 1999, 2001, 2003 and 2006.
You're a law student? You need markandalaw! Markandalaw is the leading primer on contract law, filled with the most recent developments in contract law.
This product has been specially designed for Law students", says the introduction of markandalaw. The book is authored by veteran legal practitioners, lecturers and academicians who have come together to produce the perfect study guide for law students.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
2. Arbitration is a dispute redressal mechanism for resolving disputes that arises between two private parties. The matter is referred to arbitration when it is according to the agreement between the said parties. In
arbitration, an undisputed third party is appointed/ selected to judge the dispute. Generally, the disputes related to the ‘rights in personam‘ are adjudicated via arbitration. However, there can be instances where
the matter of disputes related to the ‘right in rem’ that is subordinate to the ‘rights in personam’ are settled through arbitration, provided the parties to the agreement so agree.
The Indian Contract Act defines ‘fraud’ under Section 17 as an act done with an intent to deceive or induce the opposite party or its agent thereto to enter into the contract where;
the fact stated is not true or is not believed to be true,
there is active concealment of facts and the party committing fraud knows the same,
the intention to abide by the promise is absent,
the intention is to deceive the other party, or
any act declared fraudulent by the provisions of law.
4. The Doctrine of Public Policy: The concept of public policy is not defined in any statute but it is referred to as the policy that is equivalent to law, as the main
purpose of the framers of the constitution was to ensure the welfare of the public. The fundamental policies mentioned in the Indian Laws ensure that;
There is a judicial approach to determine the rights of the natives of the country, and there is a parallel obligation that is attached with such rights as determined by
the quasi-judicial authorities.
Arbitration when discussed through the doctrine of public policy elaborates on the contention that the court of law has the authority and the power to intervene in the
recourse of an arbitral award that is passed based on any irregularity or any substantial injustice caused to the applicant/parties to the agreement. The public policy
aims to strengthen and encourage the settlement of civil/commercial disputes by arbitration.
Principle of Severability: The principle of severability states that if there is an issue regarding the validity of the law, the Supreme Court has the power to resolve the
matter. It is further stated that if any part of the law is termed unconstitutional, the court would determine whether the remaining part of the law can survive being
constitutional or not.
In the arbitration agreements, the arbitrators may decide the nature of dispute arising and their validity at the initial as well as the subsequent stages of the arbitration
proceedings.
5. In RS Jiwani v Ircon Inernational Ltd, it was held by the honorable court that if the constitutional/valid part of the arbitral award can be severed from
the unconstitutional or illegal part, the constitutional part holds validity and hence, shall be duly enforced.
Matters Arbitrable as per the Act: The Arbitration and Conciliation Act, 1996 does not specifically exclude any matters that cannot be adjudicated via
arbitration. However, Section 34(2)(b) and Section 48(2) of the Act relates to various ‘subject matters’ of the disputes that cannot be settled by
arbitration.
The matters that are outside the purview of arbitration that is termed non-arbitrable are as follows:
issues arising from Intellectual Property Rights such as patents, copyrights, trademarks, etc.
issues related to Competition Laws;
issues related to insolvency and winding up;
6.
7. issues of serious criminal liability
issues of bribery and corruption,
issues arising out of fraud
issues arising out of matrimonial causes, restitution of conjugal rights, testamentary matters, etc.
Correlation of Arbitration and Fraud
8.
9. Fraud is said to possess a dualistic characteristic. The decision of fraud entails features of both rights in rem as well as right in personam. Right in personam means
where one possesses a right against a specific individual (person) whereas, right in rem means where the right is available against the society at large.
There have been demystifying views regarding the adjudication of fraud via arbitration. The right in personam is considered to be amenable to arbitration. Right in
rem is not included in the adjudication process through arbitration. If interpreted otherwise, the disputes relating to the subordinate right in personam that arise from
right in rem can be considered for arbitration. In other words, if the matters allege for any serious allegation, adjudication through arbitration is not allowed. The fraud
which is attributable to a civil aspect emerges due to the impeachment of the underlying contract, on the discretion can be adjudged via arbitration.
Competence of Courts u/s 16: Section 16 of the Act is based on the principle Kompetenz Kompetenz, where the arbitration tribunal before the adjudication of
proceedings limits its jurisdiction that is then reviewed by the courts. Section 16 states that the arbitral tribunal suo moto can restrict its jurisdiction concerning either
the existence or validity of an arbitration agreement. In the case of Kvaerner Cementation India Ltd. v. Bajranglal Agarwal and Anr it was held that Section 34 would
assess the amenability raised under Section 16(2), (4), and (6).
10. Provisions in other statutes:
Section 9 of the Civil Procedure Code, 1908 elaborates the jurisdiction of civil courts to try the suits unless the court is barred by any other statute. The said provision ensures the fundamental rights of the individual to
file a suit and be heard in the civil courts if not arbitral tribunals.
JUDICIAL BACKING
Fraud is an intentional misrepresentation or concealment of facts that are essential to decide the validity of a contract. The major ingredient for an act to become fraud includes:
intention and knowledge,
use of unjust practices or commission of an unjust act,
deliberate intent to conceal or misrepresent a fact.
The courts have analyzed the arbitrability of fraud in India and assessed every possible contention that could arise from the same. The contentions are discussed in light of recent judgments.
11. Scope of Arbitrability of Fraud: Rashid Raza v Sadaf Akhtar
The court while justifying the scope of arbitrability of fraud stated that the ‘simple’ allegations of fraud that relate to the internal or private affairs of the
parties to the agreement would have a bare minimum effect on the validity of the contract. The apex court conducted a twin test to streamline the
views relating to the arbitrability of fraud. The two contentions were;
if the plea of fraud correlates to the entire contract, such a contract should be null and void.
If the allegations of fraud correlate to the internal affairs of the parties to the agreement, then there would be no implication towards the public
domain.