Disputes are common in society so also in construction contracts. It is always beneficial to the parties and the Nation to resolve them at right time i.e. during execution of the project and if not through conciliation.
This document is the Arbitration and Conciliation Act of 1996 in India, which consolidates and amends laws relating to domestic and international commercial arbitration as well as enforcement of foreign arbitral awards. It was enacted to take into account the UNCITRAL Model Law on International Commercial Arbitration and UNCITRAL Conciliation Rules, in order to establish a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations. The Act covers definitions, provisions relating to arbitration agreements, composition of arbitral tribunals, challenges to arbitrators, and judicial intervention in arbitration.
This document discusses arbitration in Ireland. It notes that arbitration is becoming increasingly important as recommended by government reports and the Chief Justice. It then summarizes what arbitration is according to legal precedent, distinguishing it from expert determination. The document outlines matters that can and cannot be arbitrated, how arbitration agreements work, the role of arbitrators, and procedures under the Arbitration Acts of 1954 and 1980 such as appointing arbitrators and staying court proceedings in favor of arbitration.
The document summarizes key aspects of arbitration and conciliation law in India based on the Arbitration and Conciliation Act of 1996. It discusses how the 1996 Act consolidated and amended previous laws, adopted the UNCITRAL model law, and recognized conciliation proceedings for the first time. It defines arbitration and conciliation, outlines matters that cannot be referred to arbitration, and distinguishes between domestic, international, foreign, and ad hoc arbitration. It also summarizes the process for making arbitral awards and the available recourses against awards.
The document summarizes a presentation on arbitration given to the Institute of Chartered Accountants of India. It defines arbitration as an alternative dispute resolution process where neutral arbitrators, rather than courts, resolve disputes. The presentation outlines the benefits of arbitration like confidentiality, speed and cost savings. It also discusses the types of arbitration and sources of laws governing arbitration like the Arbitration and Conciliation Act of 1996 in India. Key topics covered include arbitration agreements, composition of arbitral tribunals and appointment and substitution of arbitrators.
Arbitration involves settling disputes between contracting parties through a neutral third party arbitrator rather than courts. An arbitration agreement must be in writing and indicate the parties' consent to arbitrate present or future disputes, though it need not name the arbitrator. Such agreements bar civil suits on matters covered. Courts will stay lawsuits if the dispute is arbitrable, the parties consent to arbitration, and there was no fraud. Certain matters like family law are generally not arbitrable. The arbitration process can occur with or without court intervention, and awards must be made within set timeframes to be binding.
This document discusses arbitration as an alternative to legal action in courts. It defines arbitration and key terms like arbitrator and award. It outlines elements needed for a valid arbitration agreement like being written and signed. It discusses selecting qualified arbitrators and outlines advantages like being faster and less expensive than courts, and disadvantages like possibly being slower than a single arbitrator. It also discusses criteria for a valid arbitration award and concludes that arbitration is a legal technique for resolving disputes outside courts through a neutral arbitrator.
The document discusses the essentials of arbitration agreements. It states that arbitration agreements require parties to resolve disputes through a neutral third-party arbitrator instead of going to court. Contracts often include arbitration clauses that make this dispute resolution process mandatory if disagreements arise. While courts generally support arbitration, they may not enforce clauses if a party was not informed they were forfeiting their right to litigation or if the clause is presented unfairly. The document outlines some concerns about mandatory arbitration clauses preventing whistleblowing, limiting class action lawsuits, and relying on a single arbitrator's decision. It also discusses alternative dispute resolution options like mediation and escalating issues to senior management.
This document discusses arbitration as an alternative dispute resolution process. It defines arbitration and notes its key benefits like confidentiality, speed and cost savings compared to litigation. However, it also lists potential drawbacks like arbitration agreements sometimes being misleading. The document outlines different types of arbitration and sources of arbitration law and international conventions. It provides details on India's Arbitration and Conciliation Act of 1996, including how arbitration agreements are formulated and issues relating to the composition and appointment of arbitral tribunals.
This document is the Arbitration and Conciliation Act of 1996 in India, which consolidates and amends laws relating to domestic and international commercial arbitration as well as enforcement of foreign arbitral awards. It was enacted to take into account the UNCITRAL Model Law on International Commercial Arbitration and UNCITRAL Conciliation Rules, in order to establish a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations. The Act covers definitions, provisions relating to arbitration agreements, composition of arbitral tribunals, challenges to arbitrators, and judicial intervention in arbitration.
This document discusses arbitration in Ireland. It notes that arbitration is becoming increasingly important as recommended by government reports and the Chief Justice. It then summarizes what arbitration is according to legal precedent, distinguishing it from expert determination. The document outlines matters that can and cannot be arbitrated, how arbitration agreements work, the role of arbitrators, and procedures under the Arbitration Acts of 1954 and 1980 such as appointing arbitrators and staying court proceedings in favor of arbitration.
The document summarizes key aspects of arbitration and conciliation law in India based on the Arbitration and Conciliation Act of 1996. It discusses how the 1996 Act consolidated and amended previous laws, adopted the UNCITRAL model law, and recognized conciliation proceedings for the first time. It defines arbitration and conciliation, outlines matters that cannot be referred to arbitration, and distinguishes between domestic, international, foreign, and ad hoc arbitration. It also summarizes the process for making arbitral awards and the available recourses against awards.
The document summarizes a presentation on arbitration given to the Institute of Chartered Accountants of India. It defines arbitration as an alternative dispute resolution process where neutral arbitrators, rather than courts, resolve disputes. The presentation outlines the benefits of arbitration like confidentiality, speed and cost savings. It also discusses the types of arbitration and sources of laws governing arbitration like the Arbitration and Conciliation Act of 1996 in India. Key topics covered include arbitration agreements, composition of arbitral tribunals and appointment and substitution of arbitrators.
Arbitration involves settling disputes between contracting parties through a neutral third party arbitrator rather than courts. An arbitration agreement must be in writing and indicate the parties' consent to arbitrate present or future disputes, though it need not name the arbitrator. Such agreements bar civil suits on matters covered. Courts will stay lawsuits if the dispute is arbitrable, the parties consent to arbitration, and there was no fraud. Certain matters like family law are generally not arbitrable. The arbitration process can occur with or without court intervention, and awards must be made within set timeframes to be binding.
This document discusses arbitration as an alternative to legal action in courts. It defines arbitration and key terms like arbitrator and award. It outlines elements needed for a valid arbitration agreement like being written and signed. It discusses selecting qualified arbitrators and outlines advantages like being faster and less expensive than courts, and disadvantages like possibly being slower than a single arbitrator. It also discusses criteria for a valid arbitration award and concludes that arbitration is a legal technique for resolving disputes outside courts through a neutral arbitrator.
The document discusses the essentials of arbitration agreements. It states that arbitration agreements require parties to resolve disputes through a neutral third-party arbitrator instead of going to court. Contracts often include arbitration clauses that make this dispute resolution process mandatory if disagreements arise. While courts generally support arbitration, they may not enforce clauses if a party was not informed they were forfeiting their right to litigation or if the clause is presented unfairly. The document outlines some concerns about mandatory arbitration clauses preventing whistleblowing, limiting class action lawsuits, and relying on a single arbitrator's decision. It also discusses alternative dispute resolution options like mediation and escalating issues to senior management.
This document discusses arbitration as an alternative dispute resolution process. It defines arbitration and notes its key benefits like confidentiality, speed and cost savings compared to litigation. However, it also lists potential drawbacks like arbitration agreements sometimes being misleading. The document outlines different types of arbitration and sources of arbitration law and international conventions. It provides details on India's Arbitration and Conciliation Act of 1996, including how arbitration agreements are formulated and issues relating to the composition and appointment of arbitral tribunals.
The document discusses ad hoc arbitration versus institutional arbitration. It provides details on:
- Institutional arbitration follows set rules through time-bound and impartial proceedings, with a defined cost structure and binding decisions. Only an arbitration clause in a contract is needed.
- Currently the major arbitration centers in India are the Nani Palkhiwala Arbitration Centre and the London Court of International Arbitration in India.
- Ad hoc arbitration involves parties selecting arbitrators without an arbitral body. Rules are set in the arbitration agreement and there are no administration fees.
- Most commercial arbitrations between private corporations are ad hoc but this often leads to problems like lack of impartiality and undefined timeframes.
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.
The document provides guidance on drafting arbitration clauses. It discusses 12 key elements to consider when drafting such a clause, including specifying the number and qualifications of arbitrators, place of arbitration, language, governing law, conditions precedent, discovery procedures, duration, monetary limits, fees, confidentiality, mediation-arbitration clauses, and provides a sample arbitration clause. Drafting a clear, unambiguous clause is important to efficiently resolve disputes through arbitration.
A form of alternative dispute resolution, a technique to settle disputes outside the court. but here you will find that there are some exceptional cases in which the applicant can apply in court to seek justice.
here powers and duties of arbitrator is well explained also it is important to mention powers of court over arbitration and it's decisions.
(here the 'award' is referred to decision).
This document discusses arbitration and environmental protection laws in India. It provides an overview of the Arbitration and Conciliation Act of 1996, including objectives to minimize court oversight of arbitrations and enforce arbitration awards like court decrees. It outlines benefits for parties in arbitration, such as choosing arbitrators and procedures. The document also discusses appropriate and inappropriate matters for arbitration, and proposed amendments to the Act. Additionally, it covers environmental control legislation and the responsibilities and processes involved in obtaining environmental clearances for projects in India.
The document discusses key aspects of arbitration and conciliation in India according to the Arbitration and Conciliation Act 1996. It provides an overview of alternative dispute resolution methods like negotiation, mediation, conciliation and arbitration. It explains that certain matters like divorce, taxation and criminal cases cannot be referred to arbitration. The essence of arbitration is that an arbitrator provides a quasi-judicial decision to settle disputes between parties in a speedy and inexpensive manner. The document outlines procedures for appointing arbitrators and conducting arbitral proceedings.
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
Arbitration is a process where a dispute is submitted to an impartial third party, whose decision is usually binding. It involves both parties presenting their case to an arbitrator they choose or who is appointed by statute. The arbitrator reviews evidence and issues a decision based on equity and justice. Arbitration is best for resolving contractual disputes, while mediation is better for disputes over interests. Arbitration has advantages like bringing the process closer to the parties and being more flexible, expeditious and cost effective than litigation. There are two main types - voluntary arbitration agreed to by both parties, and compulsory arbitration required without consent.
Appointment of arbitrator as per The Arbitration and Conciliation (Amendment)...Dr K M SONI
New Arbitration and Conciliation (Amendment) Act 2015 has provisions for speedy resolution and for impartial and independent arbitration. Some provisions of the new Act are discussed.
This 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
The document discusses the Arbitration and Conciliation Act of 1996 in India. It covers the objectives of the act, which include comprehensively covering international commercial arbitration. It discusses arbitration agreements, the essentials required for an agreement to be valid, and the power of judicial authorities to refer parties to arbitration. The document also outlines the conduct of arbitration proceedings, the powers of arbitrators, requirements for a valid arbitral award, and forms and contents of an award. Finally, it discusses conciliation under the act, including the commencement of conciliation proceedings, communication between conciliators and parties, and settlement and termination of conciliation agreements.
This document summarizes the applicable law in international arbitration. It discusses that there are three aspects of applicable law: 1) the law governing the arbitration agreement, 2) the law governing arbitration procedures, and 3) the law governing the merits of the case. For arbitration agreements, principles of private international law or the conflict of laws rules of the national law typically apply. For procedures, the law of the seat of arbitration usually applies. For the merits, the proper law of the contract or the law with the closest relationship to the contract typically applies, respecting party autonomy when present. The document outlines practices and cases from various countries to illustrate the application of these principles.
Law Senate Law Firm provide arbitration services in india in various sectors like construction and infrastructure, supply contracts, information technology and oil and gas refineries etc.
This document discusses the topic of arbitration. It defines arbitration as the settlement of a dispute between parties through a neutral third party arbitrator, rather than through the court system. Arbitration can be voluntary or required by law, and the arbitrator's decision is binding if both sides agree to be bound. The procedure is governed by a country's arbitration laws or rules set by the International Chamber of Commerce. An arbitration agreement is a written contract where parties agree to settle disputes outside of court, often included as a clause in larger contracts. The objectives of arbitration are to comprehensively cover commercial arbitration, make the process fair and efficient, and ensure the tribunal remains within its jurisdiction. An arbitral agreement must be in writing and contain
This document discusses arbitration and provides details on various aspects of the arbitration process. It begins with an introduction defining arbitration as an impartial third party making a binding decision to resolve a dispute between two parties. It then covers arbitral and non-arbitral disputes, the duties of an arbitrator, benefits and drawbacks of arbitration, and different types of arbitration including voluntary, compulsory, ad-hoc, institutional, statutory, domestic, international and foreign arbitration. The document also provides an overview of arbitration in India, noting key organizations like the Indian Council of Arbitration and provisions in the Arbitration and Conciliation Act of 1996.
International commercial arbitration under the icc rules a critical viewVioleta Arce
The document outlines the structure and process of international commercial arbitration under the ICC Rules, including the arbitration request, tribunal appointment, proceedings, and awards/costs. It discusses recent changes to address challenges like time and costs, multi-party disputes, and good faith. Other arbitration institutions like UNCITRAL, LCIA, and AAA are compared, with the ICC noted as having more structure, support and experience in international arbitration. The conclusion states the ICC and other rules are largely similar, so parties should consider their specific needs in choosing the best dispute resolution mechanism.
Conciliation is a process for resolving disputes through non-binding mediation with a neutral third party conciliator. The conciliator helps facilitate discussions between the disputing parties to develop an mutually agreeable solution. Key aspects of conciliation include voluntary participation, confidentiality, flexibility, and focusing on the interests of the parties rather than legal rights. The conciliator aims to find a middle ground and reduce differences between parties to reach a settlement and restore peace.
Arbitration is an alternative dispute resolution process where parties present evidence to an impartial arbitrator, who makes a final and binding decision. It is commonly used to settle labor, commercial, and international disputes. The arbitration process is typically outlined in an agreement and involves selecting an arbitrator, scheduling a hearing, presenting evidence and arguments, and receiving a final ruling. While arbitration is a more informal and private process than litigation, its use has increased as courts now generally support and enforce arbitration awards.
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.
Arbitration is a quasi-judicial method of settling civil disputes through a decision by one or more arbitrators rather than a court. Under Indian law, arbitration refers to the settlement of civil disputes related to money, property, or contract breaches by a quasi-judicial process with a decision by appointed arbitrators. For arbitration to occur there must be a written agreement between the parties to submit present or future disputes to arbitration, which may or may not name the arbitrator(s). Disputes can be referred to arbitration through the court when no suit is pending or when a suit is already pending.
The document discusses a modified version of Maslow's hierarchy of needs as it relates to employee motivation. It breaks the hierarchy into five stages - basic, existence, relatedness, growth, and self-actualization - and outlines the key motivating factors at each stage. At the basic stage, money is the main motivator. At the existence stage, fringe benefits are primary but money is still needed. Social recognition is key at the relatedness stage. Power becomes most important at the growth stage. Self-actualization is difficult to motivate as freedom is desired. The document argues different factors motivate employees at different levels in the modified hierarchy.
The document discusses ad hoc arbitration versus institutional arbitration. It provides details on:
- Institutional arbitration follows set rules through time-bound and impartial proceedings, with a defined cost structure and binding decisions. Only an arbitration clause in a contract is needed.
- Currently the major arbitration centers in India are the Nani Palkhiwala Arbitration Centre and the London Court of International Arbitration in India.
- Ad hoc arbitration involves parties selecting arbitrators without an arbitral body. Rules are set in the arbitration agreement and there are no administration fees.
- Most commercial arbitrations between private corporations are ad hoc but this often leads to problems like lack of impartiality and undefined timeframes.
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.
The document provides guidance on drafting arbitration clauses. It discusses 12 key elements to consider when drafting such a clause, including specifying the number and qualifications of arbitrators, place of arbitration, language, governing law, conditions precedent, discovery procedures, duration, monetary limits, fees, confidentiality, mediation-arbitration clauses, and provides a sample arbitration clause. Drafting a clear, unambiguous clause is important to efficiently resolve disputes through arbitration.
A form of alternative dispute resolution, a technique to settle disputes outside the court. but here you will find that there are some exceptional cases in which the applicant can apply in court to seek justice.
here powers and duties of arbitrator is well explained also it is important to mention powers of court over arbitration and it's decisions.
(here the 'award' is referred to decision).
This document discusses arbitration and environmental protection laws in India. It provides an overview of the Arbitration and Conciliation Act of 1996, including objectives to minimize court oversight of arbitrations and enforce arbitration awards like court decrees. It outlines benefits for parties in arbitration, such as choosing arbitrators and procedures. The document also discusses appropriate and inappropriate matters for arbitration, and proposed amendments to the Act. Additionally, it covers environmental control legislation and the responsibilities and processes involved in obtaining environmental clearances for projects in India.
The document discusses key aspects of arbitration and conciliation in India according to the Arbitration and Conciliation Act 1996. It provides an overview of alternative dispute resolution methods like negotiation, mediation, conciliation and arbitration. It explains that certain matters like divorce, taxation and criminal cases cannot be referred to arbitration. The essence of arbitration is that an arbitrator provides a quasi-judicial decision to settle disputes between parties in a speedy and inexpensive manner. The document outlines procedures for appointing arbitrators and conducting arbitral proceedings.
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
Arbitration is a process where a dispute is submitted to an impartial third party, whose decision is usually binding. It involves both parties presenting their case to an arbitrator they choose or who is appointed by statute. The arbitrator reviews evidence and issues a decision based on equity and justice. Arbitration is best for resolving contractual disputes, while mediation is better for disputes over interests. Arbitration has advantages like bringing the process closer to the parties and being more flexible, expeditious and cost effective than litigation. There are two main types - voluntary arbitration agreed to by both parties, and compulsory arbitration required without consent.
Appointment of arbitrator as per The Arbitration and Conciliation (Amendment)...Dr K M SONI
New Arbitration and Conciliation (Amendment) Act 2015 has provisions for speedy resolution and for impartial and independent arbitration. Some provisions of the new Act are discussed.
This 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
The document discusses the Arbitration and Conciliation Act of 1996 in India. It covers the objectives of the act, which include comprehensively covering international commercial arbitration. It discusses arbitration agreements, the essentials required for an agreement to be valid, and the power of judicial authorities to refer parties to arbitration. The document also outlines the conduct of arbitration proceedings, the powers of arbitrators, requirements for a valid arbitral award, and forms and contents of an award. Finally, it discusses conciliation under the act, including the commencement of conciliation proceedings, communication between conciliators and parties, and settlement and termination of conciliation agreements.
This document summarizes the applicable law in international arbitration. It discusses that there are three aspects of applicable law: 1) the law governing the arbitration agreement, 2) the law governing arbitration procedures, and 3) the law governing the merits of the case. For arbitration agreements, principles of private international law or the conflict of laws rules of the national law typically apply. For procedures, the law of the seat of arbitration usually applies. For the merits, the proper law of the contract or the law with the closest relationship to the contract typically applies, respecting party autonomy when present. The document outlines practices and cases from various countries to illustrate the application of these principles.
Law Senate Law Firm provide arbitration services in india in various sectors like construction and infrastructure, supply contracts, information technology and oil and gas refineries etc.
This document discusses the topic of arbitration. It defines arbitration as the settlement of a dispute between parties through a neutral third party arbitrator, rather than through the court system. Arbitration can be voluntary or required by law, and the arbitrator's decision is binding if both sides agree to be bound. The procedure is governed by a country's arbitration laws or rules set by the International Chamber of Commerce. An arbitration agreement is a written contract where parties agree to settle disputes outside of court, often included as a clause in larger contracts. The objectives of arbitration are to comprehensively cover commercial arbitration, make the process fair and efficient, and ensure the tribunal remains within its jurisdiction. An arbitral agreement must be in writing and contain
This document discusses arbitration and provides details on various aspects of the arbitration process. It begins with an introduction defining arbitration as an impartial third party making a binding decision to resolve a dispute between two parties. It then covers arbitral and non-arbitral disputes, the duties of an arbitrator, benefits and drawbacks of arbitration, and different types of arbitration including voluntary, compulsory, ad-hoc, institutional, statutory, domestic, international and foreign arbitration. The document also provides an overview of arbitration in India, noting key organizations like the Indian Council of Arbitration and provisions in the Arbitration and Conciliation Act of 1996.
International commercial arbitration under the icc rules a critical viewVioleta Arce
The document outlines the structure and process of international commercial arbitration under the ICC Rules, including the arbitration request, tribunal appointment, proceedings, and awards/costs. It discusses recent changes to address challenges like time and costs, multi-party disputes, and good faith. Other arbitration institutions like UNCITRAL, LCIA, and AAA are compared, with the ICC noted as having more structure, support and experience in international arbitration. The conclusion states the ICC and other rules are largely similar, so parties should consider their specific needs in choosing the best dispute resolution mechanism.
Conciliation is a process for resolving disputes through non-binding mediation with a neutral third party conciliator. The conciliator helps facilitate discussions between the disputing parties to develop an mutually agreeable solution. Key aspects of conciliation include voluntary participation, confidentiality, flexibility, and focusing on the interests of the parties rather than legal rights. The conciliator aims to find a middle ground and reduce differences between parties to reach a settlement and restore peace.
Arbitration is an alternative dispute resolution process where parties present evidence to an impartial arbitrator, who makes a final and binding decision. It is commonly used to settle labor, commercial, and international disputes. The arbitration process is typically outlined in an agreement and involves selecting an arbitrator, scheduling a hearing, presenting evidence and arguments, and receiving a final ruling. While arbitration is a more informal and private process than litigation, its use has increased as courts now generally support and enforce arbitration awards.
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.
Arbitration is a quasi-judicial method of settling civil disputes through a decision by one or more arbitrators rather than a court. Under Indian law, arbitration refers to the settlement of civil disputes related to money, property, or contract breaches by a quasi-judicial process with a decision by appointed arbitrators. For arbitration to occur there must be a written agreement between the parties to submit present or future disputes to arbitration, which may or may not name the arbitrator(s). Disputes can be referred to arbitration through the court when no suit is pending or when a suit is already pending.
The document discusses a modified version of Maslow's hierarchy of needs as it relates to employee motivation. It breaks the hierarchy into five stages - basic, existence, relatedness, growth, and self-actualization - and outlines the key motivating factors at each stage. At the basic stage, money is the main motivator. At the existence stage, fringe benefits are primary but money is still needed. Social recognition is key at the relatedness stage. Power becomes most important at the growth stage. Self-actualization is difficult to motivate as freedom is desired. The document argues different factors motivate employees at different levels in the modified hierarchy.
The document discusses recommendations to address staff overages at the CRDAMC hospital budget. It proposes converting 85 leadership/supervisory positions from civilian (GS) to military and over 250 positions from GS to contractor (CTR) in order to reduce costs. Adopting these recommendations would decrease civilian staff from 58% to 20% and increase contractors from 17% to 50% of total staff. This would help address over 300 vacant core positions and lower administrative costs in the hospital budget from 10% to 5%.
This document provides specifications for a motorcycle engine, including that it is a 998cc liquid-cooled inline four-cylinder engine with bore and stroke measurements of 77mm x 53.6mm, a compression ratio of 12.7:1, and fuel injection with Yamaha Chip Control systems. It also notes the transmission is a 6-speed with multi-plate slipper clutch and final drive of #530 O-ring chain. The motorcycle's manufacturer suggested retail price is Php 560,000.
Accelerating Growth by moving to the cloud keynote - #TheFutureOfCloudm-hance
Group Chief Financial Office, Alan Newman shows The Future Of Cloud event delegates how YouGov managed to reduce costs and improve revenue by successfully adopting the cloud
La presentación trata sobre conceptos, características y tipos relacionados con un tema. Brevemente describe los conceptos básicos, las propiedades distintivas y las diferentes clases del asunto cubierto.
We help organizations translate their strategy into successful programs and projects using a three-level approach of Strategy, Capability, and Execution. We structure our work around determining if organizations are doing the right things, have the capability to do the right things, and are executing the right things right. Our services include project management, business change, business transformation, process design, cost optimization, and continuous improvement to help clients develop the capabilities needed to effectively execute their strategies.
Improve Your Understanding in German History 1liselhud
Hitler's leadership was important for the Nazi rise to power in several ways: (1) he refused to compromise and believed it was his destiny to rule Germany, (2) he was a skilled orator who could command large support, and (3) he opportunistically exploited events like the Reichstag fire. However, his leadership alone did not bring the Nazis to power - they still needed economic crisis to give them mass support, and the actions of Hindenburg and his circle who lifted Hitler into the chancellorship when vulnerable. Hitler depended on both luck and the mistakes of others to ultimately achieve power.
Avoid wastage of food, water, industrial and agricultural products. Also please remember what Gandhiji said, "The world has enough for everyone's need but not enough for everyone's greed"
Innovation et prsopective accueil touristique otf revaccueil mopa janvier 2016MONA
Intervention d'Offices de Tourisme de France dans le cadre de la rencontre du réseau des offices de tourisme d’Aquitaine , Limousin, Poitou-Charentes, intitulée Révolution de l’accueil saison 2 le 28 janvier 2016 au Palais de la Bourse à Bordeaux. #revaccueil
Toutes les présentations sur http://bit.ly/revaccueil2
Office de tourisme et retail revaccueil mopa janvier 2016MONA
Intervention de Nicolas Husson dans le cadre de la rencontre du réseau des offices de tourisme d’Aquitaine , Limousin, Poitou-Charentes, intitulée Révolution de l’accueil saison 2 le 28 janvier 2016 au Palais de la Bourse à Bordeaux. #revaccueil
Toutes les présentations sur http://bit.ly/revaccueil2
Tendances quoi de neuf depuis revaccueil saison 1 mopa janvier 2016MONA
Intervention de la MOPA dans le cadre de la rencontre du réseau des offices de tourisme d’Aquitaine , Limousin, Poitou-Charentes, intitulée Révolution de l’accueil saison 2 le 28 janvier 2016 au Palais de la Bourse à Bordeaux. #revaccueil
Toutes les présentations sur http://bit.ly/revaccueil2
Working capital represents a company's short-term liquidity and is used to finance day-to-day operations. The two main sources of working capital finance are trade credit and bank borrowing. Trade credit involves suppliers extending credit to customers, and is an important source of financing especially for small businesses. Banks provide working capital financing through various facilities like overdrafts, cash credits, bill discounting, and loans. Banks follow guidelines from committees like Tandon and Chore to regulate working capital lending and ensure prudent financing.
Accenture has a history of innovation dating back to 1951 and has grown from those roots into a global consulting and outsourcing firm with $1.7 billion in revenue. It excels in consulting, technology services, and outsourcing for clients by increasing efficiency and working closely with them. Through global branding, differentiation, and business development even after dropping Tiger Woods as spokesperson, Accenture has targeted its B2B audience successfully.
Dynamics 365 will integrate common modules from Dynamics AX and CRM, allowing users to choose apps from the AppSource portal. It will include modules like Sales, Customer Service, and Finance. Developers will be able to extend Dynamics 365 using tools like Visual Studio, Office 365, Power BI, Power Apps, and Azure. They can develop custom solutions and integrate data from sources like SharePoint, OneNote, and Outlook. Overall, Dynamics 365 aims to provide a unified platform for business applications and data.
Construction Disputes & Settlement.pptxAditya Mane
There are two main categories of claims in construction disputes: claims by contractors against clients, and claims by clients against contractors. Common contractor claims include extras, refunds, compensation for delays caused by the client, breach of contract, and interest on delayed payments. Common client claims include damages for contractor delays, defective work, overpayment, and expenditures to complete incomplete or abandoned work. Disputes can be settled through direct negotiation, arbitration, or litigation. Direct negotiation is the easiest method, while arbitration involves a third party arbitrator with powers like administering oaths and correcting errors. Litigation is a last resort that involves legal professionals and lengthy court battles.
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 discusses construction disputes, their causes, and dispute resolution mechanisms. It provides details on:
1) Causes of construction disputes include late or non-payment, inaccurate cost valuations, delays in information, and ambiguities in contract requirements.
2) Dispute resolution clauses in contracts set out the mechanism for resolving disputes, often through arbitration.
3) For government construction contracts, disputes are typically resolved through a multi-level process involving engineers, committees, and potentially arbitration if issues remain unresolved.
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 discusses different types of contracts used in project procurement management. It defines contracts and outlines the essential elements required for a contract to be legally binding, including offer and acceptance, capacity, intention, consideration, and legal requirements. It also describes different types of contracts such as fixed price, cost reimbursable, time and materials, as well as conditions that could make a contract void or voidable.
The document discusses dispute resolution clauses and alternative dispute resolution methods like mediation and arbitration. It provides examples of court cases related to interpreting and enforcing dispute resolution clauses. Some key points are: dispute resolution clauses should clearly outline the dispute resolution process and avoid ambiguity; mediation is a non-binding process while arbitration results in a binding decision; and courts examine parties' intentions when assessing whether a dispute resolution clause is valid and applicable.
Grp 1 arbitration at Chinmay Tutorials Presented by CS Professional StudentsChinmay Jain
The document discusses arbitration as an alternative dispute resolution (ADR) technique. It notes that ADR helps resolve disputes outside of courts, saving time and money. Specifically, it discusses arbitration, where a neutral third party (arbitrator) settles disputes by agreement of the parties. Key points covered include the appointment and obligations of arbitrators, contents of arbitral awards, arbitration agreements, arbitral procedures, grounds for challenging awards, and enforcement of awards. Overall, the document provides an overview of arbitration as a form of ADR.
Utilizing Alternative Dispute Resolution Tactics in Employment MattersWoodrow Glass
The document discusses alternative dispute resolution (ADR) tactics for resolving employment disputes. It outlines various ADR options like mediation, arbitration, and conciliation that provide alternatives to litigation. These options allow parties more control over outcomes but with varying levels of formality and costs. The document also discusses internal company dispute resolution policies versus external ADR governed by rules. It provides details on the mediation, conciliation and arbitration processes and emphasizes the importance of carefully drafting settlement agreements that result from ADR to accurately reflect the resolution and prevent future disputes.
Alternative Dispute Resolution methods Level III - B.Sc QS (Salford) March ...TheGimhan123
The document discusses alternative dispute resolution (ADR) methods used in the Sri Lankan construction industry. It outlines several reasons for disputes in the industry, including breaches of contract and issues with plans/specifications. The document then describes various ADR methods used, including negotiation, conciliation, mediation, adjudication and arbitration. It notes advantages of ADR methods like minimum delay, confidentiality and lower cost compared to litigation. ADR methods provide fast and cost-effective options for resolving frequent disputes in the construction sector.
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.
This document discusses some of the difficulties in enforcing judgments and arbitral awards in Vietnam. It notes that only about 30% of the value of judgments/awards is actually enforced due to lack of effective sanctions for noncompliance, lack of cooperation between authorities, and insufficient enforcement personnel. It provides tips for creditors to maximize the chances of successful enforcement, such as freezing debtor assets early, negotiating enforcement agreements carefully, clarifying vague language, and understanding issues with foreign judgments.
The document provides guidance for NBFCs on conducting arbitral proceedings as an alternative to dispute resolution. It outlines the basic process, including pre-arbitration steps like case identification, selecting an arbitrator and counsel. During arbitration, key steps include filing statements of claim and reply, submitting evidence and witnesses, and framing issues. Post arbitration involves receiving and enforcing the award, including through attachment of property or garnishee orders. Supplements include fee schedules and forms to support the arbitration process.
Construction industry disputes are frequently arbitrated rather than litigated.This presents general information and common considerations when considering the use and application of arbitration to resolve construction and design deficiency claims. From a Hawaii business focus.
The document discusses contracts in construction, including:
1. Contracts are used in construction to describe the scope of work, establish timeframes and costs, define obligations, and minimize disputes.
2. The key elements of a valid contract are an offer, acceptance of the offer, and consideration. There are various types of construction contracts including lump sum, item rate, cost plus, and labor contracts.
3. Construction contracts define the obligations of each party, conditions for termination, payment terms, and more. Proper departmental procedures must be followed for contract execution and work supervision.
The document discusses contract administration and close-out. It defines contract administration as ensuring the duties and responsibilities of each party are properly discharged according to the contract terms. It lists 10 fundamental elements of effective contract administration including contract awareness, document control, compliance with legal requirements, relationship management, variation control, claims management, program management, subcontractor control, material control, and quality control. It also discusses contract interpretation rules, dispute resolution methods, contract modification, termination, and the key aspects involved in contract close-out.
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.
Top 5 Methods for Resolving UK Construction DisputesSarah Fox
According to the Arcadis Global Disputes Survey 2016, the average value of a construction dispute is near $46m and it takes over 16 months to resolve. This guide looks at your
five main options to resolve a dispute in the UK construction industry. It compares litigation (court proceedings), arbitration, adjudication, negotiation and mediation.
The author is Sarah Fox 500 Words Ltd and you can get regular tips for construction contracts to help you avoid disputes and the need for dispute resolution methods in her fortnightly tips sheet http://just500words.co.uk/signup.
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2. Disputes are part of life.
Disputes are time immemorial.
Disputes are resolved through
negotiation, mediation,
arbitration, courts.
3.
4. Disputes cannot be stopped
altogether.
Disputes can be avoided.
Disputes can be resolved.
Generally all the parties are
ultimately at loss involving in
disputes
5. A contract is a written agreement.
The agreement includes specifications,
items, terms and conditions and drawings.
The employer is aware of its requirements.
The contractor is aware of requirements as
he quotes the rates and also obtains
clarifications during pre-bid meetings.
Thus disputes are not due to written
provisions but “not written”.
6. Agreement
In many places, even agreements do not
include complete items and dispute may not
arise.
Employer and Contractor
Reason of dispute is “Loss or Profit” i.e.
Money.
7. The contractor quoting low and unworkable
rates.
The contractor having quoted low/unworkable
rates carries out sub standard work.
The contractor having quoted low/unworkable
rates for the items to be executed towards the
end of contract period wants to withdraw from
execution of those items.
The contractor has quoted low/unworkable
rates for some items and wants to get them
substituted or does not want to execute.
8. Disputes due to “loss/profit” or money
• The market rates have gone up.
• The employer is not making payment in time
and contractor has to pay interest on capital.
• The employer is not making payments to some
of the items.
• The employer is delaying the payment.
• The employer is delaying the measurements or
not allowing to execute some items resulting
into idle machinery/equipment/establishment.
• Withholding money due to different reasons
like milestones, QA, approvals, EOT etc.
• The contractor expecting additional money due
to lacunae in the framing of agreement or
conditions.
9. Disputes due to “loss/profit” or money
• The Employer is at loss due to sub
standard work.
• The contractor refusing to execute
the items for which he has quoted
low/unworkable rates while high
profitable items executed.
• Loss due to delay in completion of
work, assets not being put to use.
10. Before award of work
Immediately or on award of
work
During execution
After completion of work
11. Mainly from contractor’s side.
Due to denial of issue of tender
documents
Due to non opening of particular tender
or opening of particular tender.
Due to rejection of particular tender.
Rejection of technical bids.
Forfeiture of earnest money (bid
security)
12. E –tendering
Abiding to the provisions of tender /bid
documents (No discretion).
Transparency and equal opportunity to
all bidders.
Intimation to bidders about the status.
13. Disputes Immediately or on award of work
• From contractor’s side.
• Due to low/unworkable rates quoted by
the contractor.
14. Disputes Immediately or on awardof work due to delay
causedby the contractor
• Due to inadequate resources
• Due to taken up works beyond the
capacity.
• To gain time to augment resources.
• To gain time to sublet the work.
• To delay the work in the
expectations not to execute the
items to be taken in the last.
15. Disputes Immediately or on award of work
• From contractor’s side.
• Due to encumbered site
• Due to non availability of drawings
• Due to non availability of approvals
• Due to non availability of budget.
16. Disputes AVOIDANCE
• From contractor’s side.
• Due to encumbered site
• Please do not invite tenders
• Due to non availability of drawings
• Please availability of drawings in
time or before time
• Due to non availability of approvals
• Please ensure all approvals from
local bodies/govt.
• Due to non availability of budget.
• Please co-ordinate with the client
17. Due to non-availability of drawings
Due to non-availability of stipulated materials
Due to delayed payments
Due to non completion of works by associated
agencies
Due to delayed payments
Due to admissibility of payments of certain
items
Due to non approvals of payments of certain
items (deviations/EI/SI)
Due to suspension of work
Due to delayed decisions
18. Due to non-availability of drawings
Make available on time or before time
Due to non-availability of stipulated materials
Please avoid stipulation
Due to delayed payments
Due to non preparation/processing of bills or availability of
budget
Due to non completion of works by associated agencies
Please monitor the work of associated agencies or switch over
to composite tenders
Due to admissibility of payments of certain items
Do not throw on others or delay the decisions
Due to non approvals of payments of certain items (deviations/EI/SI)
Please monitor and accord approvals in time. Take prior
approvals.
Due to suspension of work
Due to delayed decisions
19. All disputes arisen during
execution
Due to idle T & P, Establishment,
liquidated damages, loss of profit,
interest etc.
20. Please use conciliation clause in
agreement and resolve disputes
before completion
Resolve issues which can be before
appointment of arbitrator and do
not leave on arbitrator to decide
even those which can be resolved.
Appoint arbitrator if required
within time
24. “Prevention is better than cure…The size
and complexity of many programmes of
work mean that disputes are still likely to
happen, but up front work can help avoid
as many as possible.”
25. The disputes can’t be eliminated,
but it can be effectively mitigated
Manage disputes as early as
possible for mitigation
If not mitigated, take effective
steps timely before arbitrator.
26. “Arbitration agreement" means an agreement by the parties
to submit to arbitration all or certain disputes which have
arisen or which may arise between them in respect of a
defined legal relationship, whether contractual or not.
An arbitration agreement may be in the form of an
arbitration clause in a contract or in the form of a separate
agreement.
An arbitration agreement shall be in writing.
An arbitration agreement is in writing if it is contained in-
(a) a document signed by the parties; (b) an exchange of letters,
telex, telegrams or other means of telecommunication which
provide a record of the agreement; or (c) an exchange of
statements of claim and defence in which the existence of the
agreement is alleged by one party and not denied by the other.
The reference in a contract to a document containing an
arbitration clause constitutes an arbitration agreement if
the contract is in writing and the reference is such as to
make that arbitration clause part of the contract.
27. The parties are free to determine the number of
arbitrators, provided that such number shall not be
an even number. Failing the determination referred
here, the arbitral tribunal shall consist of a sole
arbitrator.
Appointment of arbitrators.- (1) A person of any
nationality may be an arbitrator, unless otherwise
agreed by the parties.
Subject to sub-section (6) of the Act, the parties are
free to agree on a procedure for appointing the
arbitrator or arbitrators.
Failing any agreement referred to above, in an
arbitration with three arbitrators, each party shall
appoint one arbitrator, and the two appointed
arbitrators shall appoint the third arbitrator who shall
act as the presiding arbitrator.
28. If a party fails to appoint an arbitrator
within thirty days from the receipt of a
request to do so from the other party; or
the two appointed arbitrators fail to agree
on the third arbitrator within thirty days
from the date of their appointment,
29. Circumstances exist that give rise to
justifiable doubts as to his independence or
impartiality, or
he does not possess the qualifications agreed
to by the parties.
A party may challenge an arbitrator
appointed by him, or in whose appointment
he has participated, only for reasons of
which he becomes aware after the
appointment has been made.
30. Equal treatment of parties.- The parties shall be treated with
equality and each party shall be given a full opportunity to
present his case.
Determination of rules of procedure.- (1) The arbitral tribunal
shall not be bound by the Code of Civil Procedure, 1908 or the
Indian Evidence Act, 1872. Subject to this Part, the parties are
free to agree on the procedure to be followed by the arbitral
tribunal in conducting its proceedings. Failing any agreement
referred to in the sub-section, the arbitral tribunal may, subject
to this Part, conduct the proceedings in the manner it considers
appropriate.
The power of the arbitral tribunal includes the power to
determine the admissibility , relevance, materiality and weight
of any evidence.
Place of arbitration.- The parties are free to agree on the place
of arbitration. Failing any agreement referred to in this sub-
section, the place of arbitration shall be determined by the
arbitral tribunal having regard to the circumstances of the case,
including the convenience of the parties.
31. Definition and Meaning of conciliation-
The simplest meaning of conciliation is the settlement of
the disputes outside the court .It is a process by which the
discussion between the parties are kept going through the
participation of a conciliator. Conciliation is one of the non
binding procedures where an impartial third party, known
as the conciliator, assist the parties to a dispute in
reaching a mutually agreed settlement of the dispute. As
per the Halsbury Laws of England, conciliation is a process
of persuading parties to each an agreement. Because of its
non judicial character, conciliation is considered to be
fundamentally different from that of litigation. Generally
Judges and Arbitrators decide the case in the form of a
judgment or an award which is binding on the parties while
in the procedure of the conciliation ,the conciliator who is
often a government official gives its report in the form of
recommendations which is made public.
32. Section 61 of the Arbitration and Conciliation Act of 1996
provides for the Application and Scope of Conciliation.
Section 61 points out that the process of conciliation
extends, in the first place, to disputes, whether
contractual or not. But the disputes must arise out of the
legal relationship. It means that the dispute must be such
as to give one party the right to sue and to the other party
the liability to be sued. The process of conciliation
extends, in the second place, to all proceedings relating to
it. But Part III of the Act does not apply to such disputes as
cannot be submitted to conciliation by the virtue of any
law for the time being in force.
Number and qualification of conciliators-Section 63 fixes
the number of conciliators. There shall be one conciliator.
But the parties may by their agreement provide for two or
three conciliators. Where the number of conciliator is
more than one ,they should as general rule act jointly.
33. Section 64 deals with the appointment of the
conciliators.When the invitation to the conciliation is
accepted by the other party, the parties have to agree on
the composition of the conciliation tribunal. In the
absence of any agreement to the contrary ,there shall be
only one conciliator. The conciliation proceeding may be
conducted by a sole conciliator to be appointed with the
concent of both the parties, failing to which the same may
be conducted by two conciliators (maximum limit is
three), then each party appoints own conciliator ,and the
third conciliator is appointed unanimously by both the
parties. The third conciliator so appointed shall be the
presiding conciliator. The parties to the arbitration
agreement instead of appointing the conciliator
themselves may enlist the assistance of an institution or
person of their choice for appointment of conciliators. But
the institution or the person should keep in view during
appointment that, the conciliator is independent and
impartial.
34. 1) Independence and impartiality [Section 67(1)]-
The conciliator should be independent and impartial. He should assist the parties in an
independent and impartial manner while he is attempting to reach an amicable settlement of
their dispute.
2) Fairness and justice[Section 67(2)]-
The conciliator should be guided by the principles of fairness and justice. He should take into
consideration ,among other things , the rights and obligations of the parties, the usages of the
trade concerned ,and the circumstances surrounding the dispute ,including any previous
business practices between the parties.
3) Confidentiality [Section 70]-
The conciliator and the parties are duly bound to keep confidential all matters relating to
conciliation proceedings. Similarly when a party gives a information to the conciliator on the
condition that it be kept confidential , the conciliator should not disclose that information to
the other party.
4) Disclosure of the information[Section 70]-
When the conciliator receives a information about any fact relating to the dispute from a
party , he should disclose the substance of that information to the other party.The purpose of
this provision is to enable the other party to present an explaination which he might consider
appropriate.
5) Co-operation of the parties with Conciliator [S. 71]-
The parties should in good faith cooperate with the conciliator. They should submit the
written materials , provide evidence and attend meetings when the conciliator requests them
for this purpose.
35. Commencement of the conciliation proceedings
[Section 62]-
The conciliation proceeding are initiated by one party
sending a written invitation to the other party to
conciliate. The invitation should identify the subject
of the dispute. Conciliation proceedings are
commenced when the other party accepts the
invitation to conciliate in writing. If the other party
rejects the invitation, there will be no conciliation
proceedings. If the party inviting conciliation does
not receive a reply within thirty days of the date he
sends the invitation or within such period of time as
is specified in the invitation, he may elect to treat
this as rejection of the invitation to conciliate. If he
so elects he should inform the other party in writing
accordingly.
36. Submission of Statement to Conciliator [Section 65]
–
The conciliator may request each party to submit to
him a brief written statement. The statement should
describe the general nature of the dispute and the
points at issue. Each party should send a copy of such
statement to the other party. The conciliator may
require each party to submit to hima further written
statement of his position and the facts and grounds in
its support. It may be supplemented by appropriate
documents and evidence. The party should send the
copy of such statements , documents and evidence to
the other party. At any stage of the conciliation
proceedings , the conciliator may request a party to
submit to him any additional information which he
may deem appropriate.
37. Conduct of Conciliation Proceedings[Section
69(1),67(3)]-
The conciliator may invite the parties to meet
him. He may communicate with the parties
orally or in writing. He may meet or
communicate with the parties together or
separately. In the conduct of the conciliation
proceedings, the conciliator has some freedom.
He may conduct them in such manner as he may
consider appropriate. But he should take in
account the circumstances of the case, the
express wishes of the parties, a party’s request
to beheard orally and the need of speedy
settlement of the dispute.
38. Administrative assistance [S. 68]-
Section 68 facilitates administrative
assistance for the conduct of conciliation
proceedings. Accordingly , the parties and
the conciliator may seek administrative
assistance by a suitable institution or the
person with the consent of the parties.
39. Haresh Dayaram Thakur v. State of Maharashtra and Ors. while
dealing with the provisions of Sections 73 and 74 of the Abbitration
and Conciliation Act of 1996 in paragraph 19 of the judgment as
expressed thus the court held that-
"19. From the statutory provisions noted above the position is
manifest that a conciliator is a person who is to assist the parties to
settle the disputes between them amicably. For this purpose the
conciliator is vested with wide powers to decide the procedure to be
followed by him untrammeled by the procedural law like the Code
of Civil Procedure or the Indian Evidence Act, 1872. When the
parties are able to resolve the dispute between them by mutual
agreement and it appears to the conciliator that their exists an
element of settlement which may be acceptable to the parties he is
to proceed in accordance with the procedure laid down in Section
73, formulate the terms of a settlement and make it over to the
parties for their observations; and the ultimate step to be taken by
a conciliator is to draw up a settlement in the light of the
observations made by the parties to the terms formulated by him.
The settlement takes shape only when the parties draw up the
settlement agreement or request the conciliator to prepare the
same and affix their signatures to it. Under Sub-section (3) of
Section 73 the settlement agreement signed by the parties is final
and binding on the parties and persons claiming under them. It
follows therefore that a successful conciliation proceedings comes
to end only when the settlement agreement signed by the parties
comes into existence. It is such an agreement which has the status
and effect of legal sanctity of an arbitral award under Section 74”.
40. In Mysore Cements Ltd. v. Svedala Barmac Ltd it was said that
Section 73 of the Act speaks of Settlement Agreement. Sub-
section (1) says that when it appears to the Conciliator that there
exist elements of settlement which may be acceptable to the
parties, he shall formulate the terms of a possible settlement
and submit them to the parties for their observation. After
receiving the observations of the parties, the Conciliator may
reformulates the terms of a possible settlement in the light of
such observations. In the present case, we do not find there any
such formulation and reformulation by the Conciliator, under Sub-
section (2), if the parties reach a settlement agreement of the
dispute on the possible terms of settlement formulated, they
may draw up and sign a written settlement agreement. As per
Sub-section
(3) when the parties sign the Settlement Agreement, it shall be
final and binding on the parties and persons claiming under them
respectively. Under Sub-section (4), the Conciliator shall
authenticate the Settlement Agreement and furnish a copy
thereof to each of the parties. From the undisputed facts and
looking to the records, it is clear that all the requirements of
Section 73 are not complied with.
41. Electronic Communication
Copy of the Agreement by respondents
Disclosure by the arbitrator of his relation with any party
Commencement of arbitral proceedings within a fixed period
Time Limit of the appointment of arbitrator
Fee of the Arbitration
Submission of Counter Claims
Frequent Adjournments at cost
Time Limit for the Award given
Provision of Fast Track Proceedings included
Interest on Award mentioned and linked to current
prevailing rate
Cost of Arbitration based on circumstances and conduct of
parties
Explanation of Public Policy
42.
43. The process of conciliation as an alternate dispute redressal mechanism
is advantageous to the parties in the sense that it is cost effective and
expeditious, it is simple,fast and convenient then the lengthy litigation
procedure and it eliminates any scope of biasness and corruption. The
parties who wish to settle their disputes they can be provided great
intensive by the process of conciliation. In order to enable the conciliator
to play his role effectively ,the parties should be brought together face
to face at a common place where they can interact face to face and with
the conciliator, separately or together without any distraction and with
only a single aim to sincerely arrive at the settlement of the dispute.
Conciliation is a boon and it is a better procedure to settle any dispute as
in this process it is the parties who by themselves only come to the
settlement of the dispute and the role of the conciliator is to bring
parties together and to make a atmosphere where parties can themselves
resolve their disputes. Conciliation tries to individualize the optimal
solution and direct parties towards a satisfactory common agreement. In
conciliation, the conciliator plays a relatively direct role in the actual
resolution of a dispute and even advises the parties on certain solutions
by making proposals for settlement. Thus I would like to conclude with a
saying: Do conciliate, therefore ,whenever there are differences ,and
sooner it is done ,the better.