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.
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Arbitration is a form of alternative dispute resolution outside the formal structure of law and court procedure, would provide a suitable alternative that was just, accessible, efficient, timely and effective. In choosing arbitration, an arbitrator listens and decides the case like and the parties choose a private dispute resolution procedure instead of going to court. Now, I would like to discuss some advantages and disadvantages of arbitration over litigation. Advantages of arbitration over litigation:
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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
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commonplace to use Alternative Dispute Resolution (ADR) to resolve these disputes. More agreements 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
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and disadvantages on Arbitration - a form of alternative dispute resolution (ADR): Parties often seek to resolve their disputes through arbitration because of a number of perceived potential advantages over judicial proceedings: •When the subject matter of the dispute is highly technical, arbitrators with an appropriate degree of expertise can be appointed (as one cannot "choose the judge" in litigation). • Arbitration is often faster than litigation in court. •Arbitration can be cheaper and
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R LITIGATION ARBITRATION Stock byte/G etty Im ages What Parties Might Be Giving Up and Gaining When Deciding Not to Litigate: A Comparison of Litigation, Arbitration and Mediation 48 MAY/JULY 2008 TION MEDIA Deciding whether to litigate, arbitrate, or mediate requires an understanding of three dispute resolution processes. The authors begin with the major characteristics of litigation, and then discuss whether these characteristics are present in arbitration and mediation, and
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other Contracting States. The aim of the Center is to “promote an atmosphere of mutual confidence between States and foreign investors conducive to increasing the flow of private international investment.” Otherwise, there are sets of rules about arbitration or conciliation. So after meeting the requirements, foreign investors can be protected efficiently according to the ICSID Convention when the States violate the agreements. Another one is the BITs and it means bilateral investment treaties. The
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ADR means Alternative Dispute Resolution Arbitration Process You may have encountered an arbitration clause in a contract and wondered what it is and whether you should be happy or upset about this clause. Or a colleague may have suggested to you that you include an arbitration clause in a contract, and you are wondering why this would benefit you. Arbitration as a process is very different from the process of litigation (trying cases in court), for business disputes. Here is a listing of the
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have possibly solved the dispute outside of court. Mediation could have solved the business dispute with all three groups and help get the pipeline moving. On top of the mediation process, Energy Transfer Partners could have used arbitration. The issue with arbitration in this case is having all
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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
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