...INDIAN BARE ACTS THE ARBITRATION AND CONCILIATION ACT, 1996 No.26 of 1996 [16th August, 1996] An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto. WHEREAS the United Nations Commission on International Trade Law (UNCITRAL) has adopted the UNCITRAL Model Law on International Commercial Arbitration in 1985: AND WHEREAS the General Assembly of the United Nations has recommended that all countries give due consideration to the said Model Law, in view of the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice; AND WHEREAS the UNCITRAL has adopted the UNCITRAL Conciliation Rules in 1980; AND WHEREAS the General Assembly of the United Nations has recommended the use of the said Rules in cases where a dispute arises in the context of international commercial relations and the parties seek an amicable settlement of that dispute by recourse to conciliation; AND WHEREAS the said Model Law and Rules make significant contribution to the establishment of a unified legal framework for the fair and efficient settlement of disputes arising in international commercial relations; AND WHEREAS it is expedient to make law respecting arbitration and conciliation, taking into account the aforesaid Model Law and Rules;...
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...Council of Arbitration (BCA) was established as an arbitral body. The BCA rules have not yet been finalised. Arbitration in Bangladesh is governed by the Arbitration Act 2001. This is based on the UNCITRAL model law. Bangladesh is a party to the New York Convention. In practice, however, there are difficulties in enforcing arbitration awards in Bangladesh. The difficulty is greater if it is a foreign party seeking to enforce an award against a local party. Where the arbitration is convened abroad, there have been instances where the Bangladeshi courts have allowed legal proceedings which interfered with the issues raised in the foreign arbitration. Confidentiality The Arbitration Act does not make provision for confidentiality in arbitration proceedings. If this is important to the parties then this should be dealt with in the arbitration clause. For a model confidentiality clause, see the Arbitration section on drafting arbitration clauses. 02 Bangladesh January 2010 Arbitration in Asia Pacific Norton Rose Group Bangladesh Model arbitration clause Bangladesh does not have its own model clause. See the Arbitration section for best practice in drafting arbitration clauses. Weblink www.fbcci-bd.org Federation of Bangladesh Chambers of Commerce and Industry (FBCCI) Norton Rose Group Arbitration in Asia Pacific January 2010 Bangladesh 03 Asia Pacific 1 What arbitration bodies are there within the jurisdiction? The Bangladesh Council of Arbitration was established...
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...Arbitration as a mechanism for resolving disputes has an ancient history stretching back thousands of years and was primarily based upon the principles of fairness and common sense. The origins of arbitration go back to dispute settlements in Roman law, Asia and Greece and Aristotle is reported to say an arbitrator goes to the equity of the case but a judge decides strictly with the rule of law. Philip the Second, the father of Alexander the Great, was an arbitrator who used this method to settle territorial disputes with the Southern States of Greece dated to be around 337 BC In England the use of arbitration is older than the common law system upon which English law is based and was a functioning process in use to settle commercial disputes between merchants on market days in the Middle Ages. The Guilds of London and the “The Great Twelve Livery Companies” that date back to the 14th century demonstrated that this practice was of a great importance to resolve many disagreements that were brought within their halls. The English Courts did however perceive arbitration as a competitor to their authority and in particular as a disruption to the revenue that flowed into them as Judges were paid on the number of cases that they had to deal with. The Courts were also suspicious as to the standards being applied in these arbitrations at that time. It was not until the 20th Century that the courts began to recognise the decisions of arbitrators and the close control by the courts...
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...Dispute Resolution: Arbitration Law in Nepal Anamol Bisht Kathmandu University School of Management In an event of the breach of any contract, legal remedy should be provided to the parties that are involved in the agreement. However, instead of going directly to the court of law, there are specific remedies that serve as an alternative dispute resolution and one such alternative is arbitration. In arbitration, an arbitrator (a neutral third party or experts) renders a decision based on the disputes they are presented with. Here, the third party’s decision is legally binding, as it is an alternative dispute resolution (ADR) to the judicial system of the nation. Except for a few special cases, the court of law will reject any disputes between contracting parties and refer to the parties to arbitration. This is why almost all contracts and agreements have arbitration clauses mentioned in so it has to be a collateral to the main contract so as not to end with the contract itself. “The other term of the contract fall but the arbitration clause survives” (Pathak, 2010). The procedures to arbitration are stringent laws that pertain to how justice should be served in case of a contractual breach. Since courts alone couldn’t resolve the question of arbitration, there had to be a law that referred to the powers invested to the parties as private legislation and the ousting of the jurisdiction of the court. Hence, the Arbitration Act, 2055 (1999) was enacted to provide such guidelines...
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...Randolph, which focuses on Contract Law and some concepts of arbitration. There are also some personal analysis and view about the case. Finally, some inspirations will be listed as impressions and for further discussion. Finally, a brief conclusion will be summarized at the end of the paper. The paper aims at restoring the reality of the case. Citations from the original sources have been listed in the sentences and at the end of the paper. In consideration of author’s limited knowledge and information sources, there will be inevitable mistakes and errors in the paper, all the criticisms corrected are welcomed by the readers. Content Introduction Background: Among the liberties secured by the Constitution is the right to have suits at common law decided by a jury (U.S. CONST. amend. VII) .The enactment of the Federal Arbitration Act 2 (FAA) in 1925 produced a critical qualification to this right, allowing commercial entities to agree to resolve a contractual dispute through binding arbitration agreements(9 U.S.C. § 2 (2000)). In Green Tree Financial Corp.-Alabama v. Randolph, the Supreme Court announced that, for consumers, the right to a trial by jury had been further qualified. Even the costs of arbitration are potentially so high as to eliminate the consumer from proving her statutory rights, a contractual agreement to arbitration, even in a contract, is still enforceable (9 U.S.C. § 2 (2000))...
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...Claims (“Agreement”) is between Crewmember and Raising Cane’s USA, LLC (hereafter “Employer”). Any reference to Employer also includes its parent companies, subsidiaries, divisions, related companies, affiliates, and all successors and assigns of any of them. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs this Agreement, which evidences a transaction involving commerce. ALL DISPUTES COVERED BY THIS AGREEMENT SHALL BE DECIDED BY AN ARBITRATOR THROUGH ARBITRATION AND NOT BY WAY OF COURT, JURY TRIAL, OR ANY OTHER ADJUDICATORY PROCEEDING. Covered Claims/Disputes. Except as otherwise provided in this Agreement, this Agreement applies to any and all disputes, past, present or future, that may arise between Crewmember and Employer, including without limitation any dispute arising out of or related to Crewmember's employment and/or separation of employment with Employer and survives after the employment relationship terminates. This Agreement applies to a covered dispute that Employer may have against Crewmember or that Crewmember may have against Employer or its officers, directors, principals, shareholders, members, owners, employees, managers, agents, and attorneys. The only claims subject to arbitration are those that, in the absence of this Agreement, could be brought under applicable law. The Agreement applies, without limitation, to claims based upon or related to discrimination, harassment, retaliation, defamation (including post-employment defamation or retaliation)...
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...Arbitration utilizes a neutral third party to hear the dispute between the different parties. The hearing is an informal hearing the arbitrator is mutually selected by the parties. The arbitrator is retained to decide how to settle the conflict, the decision that the arbitrator makes is final and binding. Arbitration is more cost efficient and faster than litigation but it is the arbitrator’s decision what the terms and conditions will be not the parties involved. (Grand Vally Srtate University , 2013) The Federal Arbitration Act requires that where the parties have agreed to arbitrate, they must do so in lieu of going to court. Once an award is entered by an arbitrator or arbitration panel, must be confirmed in a court of law. Once confirmed the award is then reduced to enforceable judgment, which can be enforced by the winning party in a court of law, like other judgments. The federal Arbitration Act awards have to be conformed within the year. If the losing party wants to object they only have three months to do so. Arbitration agreements can be entered “prospectively” that is in advance of any actual dispute. They may be entered into by disputing parties once one has a risen. Section two of the Federal Arbitration Act states that arbitration provisions will be subject to invalidation only for the same games applicable to contractual provision generally, such as unconscionability or duress. Consequently most state law that disfavors the enforcement of the agreements...
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...Foundation of International Commercial Arbitrations Shaimaa Nasr Eldin ESLSCA Business School International Business law Foundation of the International Commercial Arbitrations Abstract. This paper analyzes the foundation of the international commercial arbitration, as a phenomenon widely used by most of the corporations among the world as a dispute settlement mechanism. You will see that it is one of many possible procedures for the settlement of disputes in regard to economic transactions. You will learn about the essential features of arbitration; that it is for the settlement of a dispute, consensual based on the agreement of the parties, private and not part of the State system of justice and leads to a final and binding decision that will be given execution by the court. This paper also identifies the selection by the parties of the place in which their international commercial arbitration is to take place will have a fundamental impact on the determination of those rights. Equally fundamental is the parties' selection of the law, both substantive and procedural, which will apply to the determination of those rights. This paper examines both of those choices, the forum and the law applicable to the arbitration. It also identifies the three sources of rules for international commercial arbitrations. Key words: Arbitration, applicable law, source of rules for international commercial arbitrations. What is "International Commercial Arbitration" ? This term is divided into three...
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...ABSTRACT The main objective of this research is Evolution of the process of ADR in Bangladesh: Whether arbitration and mediation is appropriate procedure to solve dispute”. The aim of this research is to analyses the cachet and efficaciousness of the instrument of ADR in Bangladesh. At the same time an attempt is made to evaluate the sociological aspect of the ADR in Bangladesh. Hence, this writes up especially for those who have no legal background but want to have an idea about it is interesting to note that the concept of ADR is developing in Bangladesh as a performance of public duty by civil society groups advocating in support of progressive ideologies. I have collected all the materials from different books, scholars’ articles and offices from Law organization. I have collected the information about International aspect of ADR from different site of internet. At first I have collected different books relating to ADR. For the laws regarding ADR of Bangladesh and international, I have followed different Acts and Convention. INTRODUCTION The attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result. Mediation differs from arbitration in which the third party (arbitrator) acts much like a judge but in an out-of-court less formal setting but does not actively participate in the discussion. Mediation has become very common in trying to resolve domestic...
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...Alternative Dispute Resolution Omar Omar LAW/531 September 17, 2015 Donnie McGilbra Alternative Dispute Resolution Paper Alternative Dispute Resolution methods are more favorable in order to meet the requirements of modern business since the courts are no longer able to respond to them individually especially with the continuous development in trade and services, and the consequent complexity of transactions and need the speed and effectiveness of broadcast differences and specialties by seen these differences or contribute to h, the need arose to legal mechanisms through which parties can resolve their differences quickly with flexibility and freedom not usually available in the courts. It is not surprising to know alternative methods of resolving disputes increasing attention at various legal and judicial systems, and to provide the flexibility and speed in determining and maintaining confidentiality and the participation of the parties in resolving their disputes. Given the position of alternative means of resolving disputes of prominence in legal and economic thinking at the global level, the world since half a century and increasing legislative and doctrinal movement to organize alternative means, and what it represents in the present of the verb effect at the level of litigation was normal that States Endeavour to find an appropriate framework guaranteeing the codified and then applied to be made an effective tool for achieving justice and installation maintenance...
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...Mediation Conciliation Arbitration Negotiation: this is the first way of ADR and the parties involved (which is usually two or more) attempt to come to an agreement or try to compromise before using any other methods of ADR. This can be done with or without a solicitor however the decision made is not legally binding. Negotiation is private as only the parties involved are there when the negotiation takes place, it is also cheap as there is no cost unless a solicitor is involved. Mediation: there are always three or more parties involved in mediation and one of the parties is the mediator. The mediator doesn’t have an active role in resolving the dispute but acts a facilitator so the parties find a way to solve their issues themselves, even if the issue is resolved the decision made isn’t legally binding. Conciliation: unlike mediation where the mediator doesn’t have an active role, in conciliation the conciliator does. The conciliator suggests ideas that would solve the dispute between the parties however the decision that may be reached is not legally binding. Rather than the parties going to court conciliation is offered to them as an alternative, this is usually done in the workplace. Arbitration: out of all methods of ADR arbitration is the only one where the arbitrator has the authority to make the decision legally binding as the decision is governed by the ‘Arbitration Act 1996’. As arbitration is voluntary both sides must agree to arbitration. They also choose the...
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...conciliation, mediation, and arbitration. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory. While the two most common forms of ADR are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute. It is the preeminent mode of dispute resolution. Negotiation allows the parties to meet in order to settle a dispute. The main advantage of this form of dispute settlement is that it allows the parties themselves to control the process and the solution. Mediation is also an informal alternative to litigation. Mediators are individuals trained in negotiations, who bring opposing parties together and attempt to work out a settlement or agreement that both parties accept or reject. Mediation is used for a wide gamut of case-types ranging from juvenile felonies to federal government negotiations with Native American Indian tribes. Mediation has also become a significant method for resolving disputes between investors and their stock brokers. Arbitration is a simplified version of a trial involving limited discovery and simplified rules of evidence. The arbitration is headed and decided by an arbitral panel. To comprise a panel, either both sides agree on one arbitrator, or each side selects one arbitrator and the two arbitrators elect the third. Arbitration hearings usually last between...
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...SUMMARY Dato’ Hj Nik Mahmud v. BIMB (1996) * FACTS: * The plaintiff with attorney had entered into a PSA and PPA with the defendant in respect of 25 lots of land in BBA concept. * The defendant purchased the properties and resold back to the plaintiff with additional prices and charges. * The plaintiff applied for an order that the charges be declared null and void. * He also applied for the return the titles of the properties, free of all encumbrances. * ISSUES: * Whether sale of land in accordance with IB Concept of BBA contravened the Malay Reservations Enactment 1930 of Kelantan. * Whether purchase and resale of land for profit by bank contravened the Malay Reservations Enactment 1930 of Kelantan * PRINCIPLES: * Section 7(i) of the Enactment prohibits any transfer or transmission or vesting of any right or interest of a Malay. However, when the property purchase agreement was signed, the right that could be acquired by the defendant under the agreement at that point of time, the agreement being still executor, was only a right to a registrable interest which right was yet to crystallized into a registrable interest. * The contemporaneous execution of the property purchase agreement and the property purchase agreement and the property sale agreement constituted part of the process required by the Islamic banking procedure before the plaintiff could avail himself of the financial facilities provided...
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...contract, or the breach, termination, or invalidity thereof, shall be finally resolved by arbitration. The reason why we choose arbitration is because it’s private to the public. b. The arbitration shall be in accordance with the rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. In the event of any conflict between the rules and this clause, the provisions of this clause shall govern. We choose the American Arbitration because it was the most common institution. c. If the parties have not agreed on the number of arbitrators, one arbitrator shall be appointed unless the administrator determines in its discretion that three arbitrators are appropriate because of the large size, complexity or other circumstances of the case. The number of arbitrators shall be one. The reason why we choose one arbitrator is because it’s least expensive. 1. The parties may mutually agree upon any procedure for appointing arbitrators and shall inform the administrator as to such procedure. 2. The parties may mutually designate arbitrators, with or without the assistance of the administrator. When such designations are made, the parties shall notify the administrator so that notice of the appointment can be communicated to the arbitrators, together with a copy of these Rules. 3. If within 45 days after the commencement of the arbitration, all of the parties have not mutually agreed on a procedure for appointing the arbitrator(s)...
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...often contain mandatory arbitration provisions that are legally binding and enforceable. In addition, almost every court or administrative agency empowered to hear cases now requires mediation as part of the formal adjudication process (Spangler, 2003). Abstract: Arbitration plays a crucial role in commercial procurement. Ideally, solid contractual agreements would alleviate disputes between parties. In most cases, disputes result from the terms of the contract rather than the actual contract itself. Arbitration offers dispute resolution that eliminates the need for costly litigation and time-consuming disputes in the courtroom. This paper considers the role of arbitration in contracted procurement. Additionally, it considers alternative dispute resolution (ADR) as a whole as arbitration is a subset of ADR and will discuss their relative advantages and disadvantages in comparison with traditional litigation. The aged concept of arbitration has recently begun to reach tremendous levels of popularity in the acquisition realm. Dictionary.com defines arbitration as, “the hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them”. Solving disputes through arbitration is by no means a modern concept. The first modern arbitration statute in the United States was enacted in 1920; New York State Arbitration statute. History, however, dates arbitration back to the famous Athenian...
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