...Within the Australian justice system, Alternative Dispute Resolution mechanisms (ADR) have been historically perceived as a means whereby parties could seek to resolve a variety of disputes, but in a non-judicial manner. As we move further into the 21st century, the rising costs associated with lengthy and often ineffective litigation, accompanied with a need to reduce burdens placed upon our legal system have allowed for a notable shift away from the courts as the primary means of dispute resolution In the past, it has been largely up to the parties themselves to identify the issues in dispute, which would then be later adjudicated in an appropriate court. Many scholars have strongly advocated in favour of adopting pre action requirements,...
Words: 1950 - Pages: 8
...Tyson provides products and services to customers through out the United States and more than 90 countries. The company has approximately 1150 team members employed at more than 400 facilities and offices in the United States and around the world (Tyson Foods.com). In a local lawsuit I will summarize the actions that lead to the lawsuit. Discuss what management could have done to prevent the events that lead to the lawsuit and the ethical consideration reflected in the law applicable to this case. Determine which source of law would be most relevant in this case and how management could have leverage knowledge of the sources to prevent similar instance in the future. Finally recommend what management might be able to do to pursue alternate resolutions outside of court. Summarize the actions that lead to the lawsuit. Owning a business almost guarantee that you will be in civic court at some point. You may be forced to file a business lawsuit against a customer who refuse to pay an invoice, or against another company that may be using your logo or product name without permission. A business lawsuit must comply with specific procedures to have your side of the case heard. Many business owners hire lawyers to help protect their interest and navigate the legal process (msbusiness.com). Meat packing and food processing workers wear specialized protective...
Words: 1098 - Pages: 5
...in the Asunción Treaty and the Ouro Preto Protocol. The Council meets twice a year, in two-stage sessions: the first involves only the ministers that make up the CMC, and the second includes the presence of the countries’ presidents. In spite of being the highest-level organization, the Council has delegated many of its responsibilities to the Grupo Mercado Común (GMC, Common Market Group), thus diminishing its ability to generate policies and promote actions aimed at consolidating MERCOSUR. In practice, the Council’s meetings have had political importance in terms of setting grand directions and sending political signals within and outside of MERCOSUR. * Common Market Group: The CMG is made up of four incumbent members and four alternates from each country, from the ministries of Foreign Affairs, Economy, and their respective Central Banks. It is an organization which is executive in nature, charged with regulating the decisions adopted by the Council and managing the proper functioning of the integration process. It is also the organization responsible for...
Words: 1884 - Pages: 8
...Alternative dispute resolution (ADR) (also known as external dispute resolution in some countries, such as Australia[1]) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation; attendance that is, not settlement at mediation). The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute.[2] Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favour of the use of mediation to settle disputes.[3] Please read: a personal appeal from Wikipedia founder Jimmy Wales Read now Alternative dispute resolution From Wikipedia, the free...
Words: 6090 - Pages: 25
...INTRODUCTION:- Any dispute is just like a Cancer. If it is resolved sooner, it is better for all the parties concerned to it. If it is not resolved at the beginning, it grows at the very fast rate and with time, it becomes very difficult to resolve it.As new issues emerges and conflicting situation flourish. In this way one dispute leads to another and new complexities arises thereby leading to multiplicity of proceedings. Therefore, it is always better to resolve it at the moment it rears its head. Therefore, it is necessary that the procedure of resolving it must be agreeable by both the parties. The preamble of the Constitution of India declares to “...... to secure all its citizen justice, liberty, equality and fraternity”. The justice granted to citizen is of social, economical and political. However, the mode of delivering the justice to the citizen of India poses so many questions. It is in this regard necessary to put the question that whether the present system of access to justice is satisfactorily fulfilling the constitutional goal? The present mode of access to justice in India is based on the adversarial legalism. This system is generally followed in the common law countries. In this mode of justice the State plays a neutral role and it is parties who are responsible for initiating and conducting litigation. However, any crime is considered as an offence against the State in which such proceeding is initiated. This mode of justice was adopted by the Britishers...
Words: 5429 - Pages: 22
...LOK ADALATS INDIA INDEX 1. Main Issue 2. Introduction 3. Constitutional Mandate of Justice 4. WHAT IS LOK ADALAT? 5. Lok Adalat : Legislative Base 6. Recent Concept of Mobile Lok Adalat: Justice at the Door Step 7. Organizational Set-up of Lok Adalat 8. Jurisdiction of Lok Adalat 9. Award of Lok Adalat 10. Benefits under Lok Adalat 11. Benefits of the Lok Adalat can be well seen in newspaper articles 12. Permanent Lok Adalat 13. Drawbacks of Lok Adalat 14. Lok Adalat – Challenges Ahead… 15. CONCLUSION Main Issue Is Lok-Adalat efficient enough to bring a change in the litigation field of India. Introduction The philosophy of Alternate Dispute Resolution systems is well-stated by Abraham Lincoln: "Discourage litigation; persuade your neighbors to compromise whenever you can. Point out to them how the normal winner is often a loser in fees, expenses, cost and time." Justice delayed is justice denied. Lok-Adalat has symbolized a human sensitive forum to provide amicable, speedy, cheap justice by adopting informal procedure and avoiding technicalities. Present Research Paper has attempted the history and development of Lok-Adalat in India. An analysis has been made on potential utility of Lok-Adalat as one of the ADR tools. An exploration has been made about the validity of the award of Lok-Adalat and grounds that keep it open to challenge for its judicial review. Present paper, thus provide a deep insight of Lok-Adalat and its potential utility...
Words: 7798 - Pages: 32
...ARE THE CONSUMER PROTECTION LEGISLATION EFFICACIOUS ENOUGH TO PROTECT THE CONSUMER RIGHTS IN PAKISTAN OR ELSE A NATIONAL STRATEGY IS NEEDED TO EVOKE MASSIVE AWARENESS, ENSURE IMPLEMENTATION OF EXISTING LAWS, APPORTION LIABILITIES AND PROTECT OUR CONSUMER? CONSUMER PROTECTION LEGISTATION IN PAKISTAN “Governments should develop or maintain a strong consumer protection policy, taking into account the guidelines and relevant international agreements. In so doing, each Government should set its own priorities for the protection of consumers in accordance with the economic, social and environmental circumstances of the country and the needs of its population, bearing in mind the costs and its benefits proposed measures.” (Excerpts from the United Nations Guidelines for consumer protection) Introduction 1. Law and Justice System reforms have been high on the agenda of international political as well as development, donor and leading agencies for the past two decades or so.2 As a consequence there has been a great deal of debate revolving round the legal reform process, and several new laws previously unheard of in most of the developing countries have been introduced. In addition to international pressures, reforms have also been high on the agenda of civil society organizations. A survey of the history of consumer protection law reveals that it has gained currency more due to the efforts of the civil society organizations working for consumer rights and the spread of market...
Words: 3236 - Pages: 13
...INTEROFFICE MEMORANDUM TO: PAT JONSON FROM: SHYNELLE CADE SUBJECT: HUMAN RESOURCE ISSUES DATE: 9/30/2012 In response to the emails you have received, I have done the necessary research and summarized the details as requested. Email Message 1: Discharges at the Anderson Club Store The state in which the Anderson Cost Club store is located is an “At-Will State,” which means an employment relationship that has no express agreement or contractual obligation to remain in the relationship; and either party may terminate the relationship at any time, for any reason, as long as the reason is not prohibited by law, such as for discriminatory purposes, is not a wrongful termination. For informative purposes, when a discharge involves no statutory discrimination, breach of contract, or traditional exception to the at-will doctrine, a termination may still be considered wrongful and the employer may be liable for “wrongful discharge,” “wrongful termination,” or “unjust dismissal.” Therefore, to ensure that workplace policies do not wrongfully discriminate against any employees, and do not fall under other exceptions, Cost Club Stores must also beware of situations in which our policies or actions in a particular termination can form the basis for unjust dismissal (Bennett-Alexander, Hartman, 2007). The GM for the Anderson Cost Club store made a cost cutting decision on terminating employees. However, he was incorrect about there being no restrictions to the right to...
Words: 1666 - Pages: 7
...[pic] TERM PAPER OF MICRO ECONOMICS ON BUDGET 2009:AN EVALUTION OF ITS EFFECTS ON AAM AADMI INTRODUCTION OF BUDGET 2009 The main challenges outlined by the Finance Minister, Mr. Pranab Mukherjee, while presenting his Budget speech for the short term and long term perspective of the Indian economy are: 1. To lead economy to high GDP growth rate of 9% p.a. at the earliest. 2. To deepen and broaden the agenda for inclusive development. 3. To improve delivery mechanisms of the government. In keeping with tradition, the Budget proposals are a mixed bag of the good and the bad. Some of the biggest disappointments in the Budget proposals are that there are no provisions for any reforms in the FDI policy, the public sector enterprises such as banks and insurance companies are to remain in the public sector and there is a projected fiscal deficit of 6.8%. The major positives are the proposals to abolish Fringe Benefit Tax (FBT), Commodities Transaction Tax (CTT) as well as to phase out surcharge on income tax starting with its elimination in this Budget from personal income tax. Another significant benefit is the clarification on taxation of Limited Liability Partnerships (LLPs). This synopsis prepared by the tax team...
Words: 5890 - Pages: 24
...by NAAC with ‘A’ Grade) ------------------------------------------------- Study of arbitration, dispute resolution and mitigation practices in Indian Infrastructure Sector MBA – Infrastructure Management Batch 2013-15 Semester III Thesis Guide: Dr. Ajit Patwardhan Prepared by: Name | Roll No. | Jasjeet Singh Gill | 2013D02 | Subhashini N. | 2013D17 | Acknowledgement We consider it our privilege to express a few words of gratitude and respect to all those who contributed and wished for the successful completion of our project. We express our deep felt gratitude to Prof. (Dr.) Pratima Sheorey - Director, SCMHRD and college management for providing us with all facilities for making this endeavour possible. We acknowledge with a deep sense of gratitude, the constant help and guidance provided by our thesis guide and faculty Prof. (Dr.) Ajit Patwardhan at all stages of our project work. He has been an eternal source of inspiration and knowledge, without him, this thesis, was impossible. We would like to express our thanks in no less measure to Prof. Vasundhara Sen for her constant help. Our sincere thanks to our friends and all the people who directly or indirectly helped us, without which completing the course of this study would have been difficult. Certificate This is to certify that the project entitled “Study of arbitration, dispute resolution and mitigation practices in Indian Infrastructure Sector” is the bonafide work of Mr. Jasjeet Singh...
Words: 40958 - Pages: 164
...------------------------------------------------- (Arb/Cas/12/35) ------------------------------------------------- ------------------------------------------------- Memorandum for Respondent ------------------------------------------------- Table of Contents Table of Abbreviations I Index of Authorities IV Statement of Jurisdiction XI Statement of Facts XII Questions Presented XV Summary of Pleadings XVI Arguments Advanced 1 I. The Tribunal Does Not Have Jurisdiction Over The Claims Brought Before It. 1 A. The undertaking of the Claimant does not amount to an investment. 1 B. The Tribunal does not have jurisdiction over contractual matters. 2 1. The Tribunal does not have jurisdiction over contractual disputes because of an exclusive dispute resolution clause. 2 2. The terms of the contract are broad enough to incorporate associated claims. 3 3. Arguendo, if both forums have jurisdiction, the one under the contract should prevail. 3 C. Contract breaches do not lead to a violation of BIT in the present matter. 4 1. The acts of the Respondent do not violate the National Treatment requirement. 4 2. The acts of the Respondent do not...
Words: 14275 - Pages: 58
...[pic] BUSI 2601 BUSINESS LAW Winter 2015 PROFESSOR: J.L. GILLES LEVASSEUR OFFICE: 1705 DT PHONE: 520-2600 ext. 6805 (during office hours only) EMAIL: jlgilles.levasseur@sympatico.ca TIME: TUESDAYS 19 h 00 – 22 h 00 OFFICE HOURS: 10 - 11 pm, every Tuesday nights PREREQUISITES: For students registered in B.Com., BIB or Minor in Business The School of Business enforces all prerequisites. COURSE PHILOSOPHY The purpose of the course Business Law in Canada consists in understanding the legal environment which has an impact on Canadian businesses. The course is divided in three parts. Part 1 deals with an overview of the Canadian legal environment. Part 2 deals with the legal forms of business and organisation. Part 3 part deals with the law of torts and the law of contracts. Part 4 looks at specific topics of law such as bailment, Sale of Goods, Interests in Land. Throughout the course, students are encouraged to focus on their personal or work experiences as they relate to the course material. All the course material assigned and learnt will be cumulative and students will be tested comprehensively on their understanding of the material at the end of the course. Students are prohibited from using any electronic devices to tape record classes, lectures or discussions and to use them during examination. REQUIRED TEXTBOOK There is one textbook required for this class: Duplessis et al., Business and the Canadian...
Words: 1495 - Pages: 6
...Management of conflict Bob Dick (1987) The management of conflict: a systematic approach to team building and mediated and unmediated conflict resolution . Chapel Hill: Interchange (mimeo). A 1987 revision of a 1981 paper, written to support workshops in conflict management. More details of the paper’s provenance are given in the preface. Some of the references to earlier documents have been updated Preface This document 1 describes fairly robust (or “do-it-yourself”) versions of teambuilding and conflict resolution. The robustness comes from a number of sources. One is the use of some techniques which keep the problem small and containable. A second is the use of a number of detailed procedures and 1. This is a living document which is often revised, and portions of which have appeared in other documents and handouts. PAPER 25 Paper 25 - 2 Robust processes — papers frameworks which makes it easier for a mediator to keep on track. An explicit problem-solving approach is used, which increases many users’ acceptance of the method. A third is the inclusion of simple communication skills training (for mediator, or those in conflict, or both) as part of the approach. Perhaps the most important source of its robustness is the use of a procedure which more nearly resembles role negotiation than conflict resolution. This is made possible by the use of criteria to decide what information needs to be exchanged. Thus a typical session might begin as role negotiation...
Words: 22678 - Pages: 91
...June 2007 International Dispute Resolution Overview A. Arbitration International arbitration is the process of resolving disputes between or among transnational parties through the use of one or more arbitrators rather than through the courts. It requires the agreement of the parties, which is usually given via an arbitration clause that is inserted into the contract or business agreement. The decision is usually binding. Arbitration is today most commonly used for the resolution of commercial disputes, particularly in the context of international commercial transactions (International Commercial Arbitration). It is also used in some countries to resolve other types of disputes, such as labour disputes, consumer disputes, and for the resolution of certain disputes between states and between investors and states. As the number of international disputes mushrooms, so too does the use of arbitration to resolve them. There are essentially two kinds of arbitration, ad hoc and institutional. An institutional arbitration is one that is entrusted to one of the major arbitration institutions to handle, while an ad hoc one is conducted independently without such an organization and according to the rules specified by the parties and their attorneys. Ad hoc, or unadministered, arbitration is flexible, relatively cheap and fast way of dispute settlement – if the parties co-operate. When parties are not able to co-operate, the assistance of an institution to move the arbitration forward...
Words: 14778 - Pages: 60
...Journal of Intellectual Property Rights Vol 18, September 2013, pp 457-464 Piracy in the Internet Age Nikita Hemmige† ILS Law College, Law College Rd, Pune 411 004, India Received 17 December 2012, revised 12 August 2013 The Internet has created boundary-less territories and has helped in evolving a unique method to share and transfer information, growth of e-commerce and in creating a global platform for all nations and its citizens. Online piracy is a major flipside to this development. Rampant intellectual property (IP) infringements by way of unlawful reproduction and unmonitored downloads is a matter of concern. It is significant to take note of the laws that various countries have enacted and enforced in order to curb or at least regulate online piracy and related activities. Further, though the Copyright Act, 1957 and Information Technology Act, 2000 in India deal with certain facets of piracy, they do not conclusively deal with this menace. It is the need of the hour for India to draft and enforce laws which will address the current problem and also take into consideration the technological advancements that are likely to give rise to more of such complex issues. Formulating such a law in the near future will be a welcome change and will definitely give India the IP advantage. Keywords: Online piracy, copyright infringement, jurisdictional barriers, Internet laws, intellectual property The Internet has become the first port of call for anyone in search...
Words: 6024 - Pages: 25
