SETTING ASIDE ARBITRATION AWARD IN INDIA In Renusagar Power Co. Ltd. v. General Electric Co. AIR 1994 SC 860‚ this Court considered Section 7(1) of the Arbitration (Protocol and Convention) Act‚ 1937 which inter alia provided that a foreign award may not be enforced under the said Act‚ if the Court dealing with the case is satisfied that the enforcement of the award will be contrary to the Public Policy. After elaborate discussion‚ the Court arrived at the conclusion that Public Policy comprehended
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Grievance Handling & Arbitration Course Work Questions (2) 30/9/2013 1. What do you understand by the term productivity? How is grievance handling related to productivity? Discuss 2. How can grievances be handled by management more effectively? Answer both questions Word count 1500 words per question. Question#1 Productivity can be defined as the relationship between the quantity of output and the quality of input used to produce that output. Productivity
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ANNULMENT OF ARBITRAL AWARDS Prepared for Genc Trnavci‚ Law of International Arbitration AUL 305 Prepared by Stefani Marjanović Student at American University in BiH January 5th‚ 2013 Table of Contents Introduction 1 Legal Grounds for Annulment 1 Why do Courts Review Arbitral Awards 4 Case Law 6 Conclusion 10 Appendix A 11 Appendix B 13 Appendix C 14 Works Cited 15 Introduction The Arbitral award is final and binding upon all the parties in the dispute. It may
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ENFORCEMENT OF A FOREIGN ARBITRAL AWARD IN CHINA: ISSUES‚ CRITICISMS‚ AND PRACTICAL SOLUTIONS 1.) INTRODUCTION The lack of enforcement of a foreign award in China is frequently pointed out in arbitrational issues . Similar to arbitration systems worldwide‚ the arbitration committee is not empowered to enforce the award. The step of enforcement are to be done via the courts. As a result‚ the prevailing party most often must apply to a court to have the award recognized and enforced. Foreign awards
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International Dispute Resolution 1. Can Alternative Dispute Resolution address the problems of international jurisdiction? Outline of Essay 1) Overview of international jurisdiction 2) Introduction of ADR 3) Types of ADR: -Negotiation -Arbitration Describe the pros and cons of these ADR and how they resolve disputes 4) Benefits of ADR over litigation (eg saves time and costs) 5) Limitations of ADR (the outcome may be disputed) 6)Conclusion Dispute resolution management for international
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Enforcement of Foreign Arbitral Awards (the “New York Convention” or the “Convention”)1 is a strong incentive to choose arbitration as a means of international dispute resolution. The Convention eliminates some of the uncertainties of transnational business by providing a uniform legal framework for the enforcement and recognition of foreign arbitration agreements and arbitration awards in 142 contracting states‚ including the United States.2 By contrast‚ there is no international regime for the enforcement
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In 1937 the Arbitration (Protocol and Convention) Act 1937 was enacted to give effect to the Geneva Protocol on Arbitration Clauses 1923 and the convention on the execution of foreign Arbitral awards 1927 enabling them to become operative in India. The Geneva Convention Awards is incorporated under the 1996 Act in s. 53; section 57 lays down the conditions for enforcement of award. Accordingly a foreign award may be enforceable under Chapter II Part II of the Act‚ if it satisfies the following conditions:
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“Credit Card Companies and Mandatory Arbitration” Mandatory arbitration clauses‚ which essentially strip consumers of their right to go to court‚ are becoming commonplace‚ with most consumers completely unaware of their existence or implications. The information is buried in the fine print or worse‚ simply tacked on to credit card agreements‚ which most customers don’t even bother to read. If you did read through your credit card terms and conditions‚ beyond the usual definitions of rates‚ late
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Recognizing and Minimizing Tort and Regulatory Risk University of Phoenix LAW/531 Recognizing and Minimizing Tort and Regulatory Risk Plan The purpose of this assignment is to prepare a plan that outlines how the regulatory risks such as tort liability can be identified and managed through preventive‚ detective‚ and corrective measures. The plan also clearly identifies common torts and other regulatory risks as found in the online Alumina Inc. simulation and the textbook. The also
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Unit Code: BSBHRM510A Unit Name: Manage Mediation Processes Assignment 1 1. What is the difference between mediation and arbitration? Arbitration is a legal practice for the resolution of disputes between parties which a neutral third party uses evidence presented to decide on a resolution which the disputant parties are bound to. Mediation is a process where by two or more parties voluntarily agrees to participate and present their case to a neutral third party (the mediator). The
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