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NEW ENGLISH ARBITRATION ACT OF 1996: AN ANALYSIS

Thursday, September 17th, 2009

Ashwinie kumar Bansal

Arbitration Consultant

General: English Arbitration Act, 1996 (herein after ‘the Act’) has now been enacted  (17th June 1996) to restate and improve the law relating to arbitration pursuant to an arbitration agreement; to make other provision relating to arbitration and arbitration awards; and for connected purposes.  It is hoped that the commencement date of the Act will be the 1 January 1997.  Part 1 (General Provisions as to Arbitration) and section 42 (3) of Part II of the Arbitration Act, 1950, whole of Arbitration Act 1975 and Arbitration Act 1979 have been repealed.  Part II (except Sec. 42 (3) ) relating to Enforcement of Certain Foreign Awards and Part III (General ) of Arbitration Act, 1950 have been retained intact and have not been repealed.

 

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Fast Track Arbitration

Thursday, September 17th, 2009

Ashwinie Kumar Bansal*

Arbitration Consultant

     In the meeting of Chief Ministers and Chief Justices in December, 1993 a resolution was adopted wherein they expressed the opinion that courts were not in a position to bear the entire burden of justice system and that a number of disputes lent themselves to resolution by alternative modes such as arbitration, mediation and negotiation. They emphasised the desirability of disputants taking advantage of alternative dispute resolution (ADR) which provided procedural flexibility, saved valuable time and money and avoided the stress of a conventional trial.

 

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Lyngdoh Committee

Tuesday, September 15th, 2009

Divorcing Student Unions from Movements

 Submitted by: Aneet Kaur Kohli

 The Lyngdoh Committee (LC) was set up by the UPA Government last year, in response to a directive by the Supreme Court, ostensibly to curb lavish spending of money, and violence in Students Union polls.

 The Committee, headed by a former Chief Election Commissioner J M Lyngdoh, has courted controversy over two minor details:

 

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Book on “Arbitration : Procedure and Practice”

Saturday, September 12th, 2009
Arbitration : Procedure and Practice

About the book 

There are a number of arbitration books available in the market dealing with the substantive laws of arbitration i.e. legislation and precedents. There is not a single book on Arbitration Procedure and Practice to explain the process of arbitration.

There are a number of steps involved in the long arbitral journey such as arbitration agreement, appointment of arbitrator, filing of claim statement by the claimant and written statement by the respondent, points at issues, oral and written arguments, award, challenge against award,  appeals, enforcement of award, etc. This book step by step explains the arbitration process in simple and plain language for the benefit of every participant in the arbitration proceedings. The object of this book is to educate the participants to how to get a just and fair binding final award as the outcome of the proceedings because many awards are set aside due to minor avoidable mistakes by the participants.

This book is a ready reckoner for many who want to be acquainted with the process of arbitration. Entire technology and know-how behind the process of arbitration has been enumerated with answers to the questions which many persons do not find anyone to answer.
It provides guidance to the students as well as legal professionals in understanding the procedure and practice of Arbitration which will help the readers to make the complicated arbitration procedure simpler by following a comprehensive approach.  

A team consisting of judges, advocates, engineers and experts from India and other countries have contributed material for many chapters in this book to make it wide-ranging and more helpful. It will be of great use for the judges, advocates, arbitrators, conciliators, mediators, experts, teachers, students, and so on.It deals comprehensively with:

  • Procedure and Practice of arbitration based on UNCITRAL Model Law.
  • Models and formats for drafting claims and written statements, preliminary objections in different types of cases, applications, variety of grounds for  challenging arbitrators, minutes of meetings of arbitration proceedings, day-to-day orders by the tribunal, arbitration awards, objection petitions with variety of grounds for setting aside awards, appeals, case law and related documents
  • Frequently Asked Questions and answers, common errors and pitfalls and tips in the end of every chapter.
    • Covers international law in the neighboring countries.
  • Number of countries, including India has adopted UNCITRAL Model Law on Arbitration. This book may be useful for those countries which have adopted the Model Law because of similarity of the provisions in such countries. Some chapters on arbitration in the countries like Sri Lanka, Nepal, Bangladesh, Singapore, Thailand, Pakistan, U.S.A., and U.K. have been included in the book to make it more useful.  

 

Law Quotes

Saturday, September 12th, 2009

If there were no bad people, there would be no good lawyers. Charles Dickens

The law isn’t justice. It’s a very imperfect mechanism. If you press exactly the right buttons and are also lucky, justice may show up in the answer. A mechanism is all the law was ever intended to be. Raymond Chandler

When men are pure, laws are useless; when men are corrupt, laws are broken. Benjamin Disraeli

A successful lawsuit is the one worn by a policeman. Robert Frost

Good men must not obey the laws too well. Ralph Waldo Emerson.

Certainly one of the highest duties of the citizen is a scrupulous obedience to the laws of the nation. But it is not the highest duty. Thomas Jefferson  

 The jury consists of twelve persons chosen to decide who has the better lawyer. Robert Frost

 The wise know that foolish legislation is a rope of sand, which perishes in the twisting. Ralph Waldo Emerson

 The laws of each are convertible into the laws of any other. Ralph Waldo Emerson

 The magistrates are the ministers for the laws, the judges their interpreters, the rest of us are servants of the law, that we all may be free. Marcus Tulius Cicero

Sonia Gandhi

Monday, September 7th, 2009
Name Smt. Sonia Gandhi
Constituency from which I am elected Rae Barelii
Father’s Name Late Mr. Stefano Maino
Mother’s Name Mrs. Paola Maino
Date of Birth 1946-12-09
Birth Place Lusiana (Italy)

 

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