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26/03/2024

Arbitration and Conciliation: Arbitration Lawyer, Arbitration Advocate India
Arbitration is a method of resolving disputes outside of court, where parties submit their disagreement to one or more impartial individuals, known as arbitrators, for a decision. It is called “arbitration” because it involves the use of an arbitrator who acts as a neutral third party to settle the dispute.

Arbitration works by the parties agreeing to submit their dispute to arbitration either through a pre-existing agreement or by mutual consent after a dispute arises. The arbitrator or panel of arbitrators then hear evidence, arguments, and witness testimony from both sides before rendering a decision, which is usually binding on the parties.

The process of selecting an arbitrator can vary depending on the arbitration agreement or the rules governing the arbitration. In some cases, the parties may agree on an arbitrator directly. In other cases, they may use an arbitration institution that provides a list of qualified arbitrators from which the parties can choose.

The role of the arbitrator is to act as an impartial decision-maker, listening to the evidence presented by both sides and rendering a fair and reasoned decision based on the facts and applicable law. The arbitrator’s decision is typically final and binding, although there may be limited avenues for appeal in certain circumstances.

Arbitration is governed by arbitration law, which sets out the rules and procedures for conducting arbitrations and enforcing arbitration agreements and awards. These laws may vary depending on the jurisdiction and the type of arbitration involved.

Arbitration is a method of resolving disputes outside of court, where parties submit their disagreement to one or more impartial individuals, known as arbitrators, for a decision. It is called "arbitration" because it involves the use of an arbitrator who acts as a neutral third party to settle the....

28/02/2024

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14/05/2023

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Arbitration Definition
Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), by whose decision (the “award”) they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides. Other forms of ADR include mediation (a form of settlement negotiation facilitated by a neutral third party) and non-binding resolution by experts. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. The use of arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts. Arbitration can be either voluntary or mandatory (although mandatory arbitration can only come from a statute or from a contract that is voluntarily entered into, where the parties agree to hold all disputes to arbitration, without knowing, specifically, what disputes will ever occur) and can be either binding or non-binding. Non-binding arbitration is, on the surface, similar to mediation. However, the principal distinction is that whereas a mediator will try to help the parties find a middle ground on which to compromise, the (non-binding) arbitrator remains totally removed from the settlement process and will only give a determination of liability and, if appropriate, an indication of the quantum of damages payable.

Conciliation Definition
Conciliation is an alternative dispute resolution (ADR) process whereby the parties to a dispute (including future interest disputes) agree to utilize the services of a conciliator, who then meets with the parties separately in an attempt to resolve their differences. They do this by lowering tensions, improving communications, interpreting issues, providing technical assistance, exploring potential solutions and bringing about a negotiated settlement. Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award. Conciliation differs from mediation in that the main goal is to conciliate, most of the time by seeking concessions. In mediation, the mediator tries to guide the discussion in a way that optimizes parties needs, takes feelings into account and reframes representations. In conciliation the parties seldom, if ever, actually face each other across the table in the presence of the conciliator.

Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR) (also known as external dispute resolution in some countries, such as Australia) includesdispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. ADR are ways and methods of resolving disputes outside the judicial process (formal litigation – court).

History, origins and meaning of Arbitration
Arbitration is generally defined to mean the determination of disputes between parties by a person appointed or chosen by them (arbiter). It is thus an informal method of dispute resolution with flexibility in procedures and rules. As a method of dispensing justice, arbitration is not a modern phenomenon. The Western idea of private arbitration can be traced back to the Roman and Canon law. Arbitration as a dispute resolution mechanism was used in Common Law since the 14th Century. However arbitration and other methods of dispute resolution have become of considerable significance after the 19th Century, with the advent of trans-national trade and commerce and with a view to have speedy and inexpensive means of resolving grievances. Thus there is a clause for arbitration in most modern day trading contracts.

History of panchayats dispensing justice
However in India, panchayats (both village and the notorious ‘khap’ caste panchayats) have been arbitrating on property disputes, torts and even criminal offences like murder and r**e since time immemorial. Panchayat (literally five wise men) is a representative body of the members of a particular caste or village (usually headed by the elder most people or the most respected and experienced elder). One of the most important functions of these panchayats is the dispensing of justice.

Arbitration Award
An arbitration award (or arbitral award) is a determination on the merits by an arbitration tribunal in an arbitration, and is analogous to a judgment in a court of law. It is referred to as an ‘award’ even where all of the claimant’s claims fail (and thus no money needs to be paid by either party), or the award is of a non-monetary nature.
Although arbitration awards are characteristically an award of damages against a party, tribunals usually have a range of remedies that can form a part of the award.
the tribunal may order the payment of a sum of money (conventional damages)
the tribunal may make a “declaration” as to any matter to be determined in the proceedings
in most jurisdictions, the tribunal has the same power as a court to:
order a party to do or refrain from doing something (“injunctive relief”)
to order specific performance of a contract
to order the rectification, setting aside or cancellation of a deed or other document.
The legal requirements relating to the making of awards vary from country to country and, in some cases, according to the terms of the arbitration agreement. Although in most countries, awards can be oral, this is relatively uncommon and they are usually delivered in writing.
By way of example, in the United Kingdom, the following are requirements under the Arbitration Act 1996 which the award must comply with, unless the parties agree to vary them under section 52 of the Act:
the award must be in writing and signed by all of the arbitrators assenting to the award (dissenting minority arbitrators need not sign unless the parties agree that they must);
the award must contain reasons;
the award must state the “seat” of the arbitration (the place where the arbitration took place); and
the award must state the date upon which it is made. This is important for the calculation of interest, and determination of time limits.
Many countries have similar requirements, but most permit the parties to vary the conditions, which reflects the fact that arbitration is a party-driven process.

Arbitration Lawyers
Our arbitration lawyers and arbitrators include those who have undertaken arbitration in the Asia. They understand the multi-cultural and the multi-jurisdictional aspects of international business in this age of globalization. They those educated at Leading Law School & University in India. They believe in high moral and legal ethics. We assist our clients with resolution of disputes in all areas of general and special practices, including commerce, finance and industry. Our highly trained & experienced attorneys endeavor to prevent disputes by ensuring proper documentation and by tactfully handling the matter. However, in cases where disputes cannot be prevented, we take utmost care in preparation of our client’s case and ensure that the client gets the best advice and support in resolving their disputes. Our attorneys are highly experience and has dealt with hundreds of arbitration & conciliation in India and overseas, including:

Negotiations
Conciliation
Preparing and presenting the case before arbitrator
Domestic and International Arbitration
Enforcement of Awards…
Arbitration and Conciliation Act, 1996

04/12/2022

Arbitration Advocates in Jabalpur, Arbitration Lawyers in Jabalpur, Arbitration Advocates Jabalpur

12/10/2022

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03/07/2022

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Divorce Lawyers in Bhopal, Best Divorce Lawyers in Bhopal Bhopal is a city in the central Indian state of Madhya Pradesh. It’s one of India’s greenest cities. There are two main lakes, the Upper Lake and the Lower Lake. On the banks of the Upper Lake is Van Vihar National Park, home to tigers, lions and leopards. The State Museum has fossils, paintings and rare Jain sculptures. Taj-ul-Masjid is one of Asia’s largest mosques, with white domes, minarets and a huge courtyard. Bhopal district was carved out of the erstwhile Sehore District of Bhopal Division vide M.P. Govt. Notification No. 2477/1977/Sa/One/ dated 13th September, 1972. The Bhopal District was officially carved out of the Sehore District on 2nd October, 1972. After separation from Sehore, the District and Sessions Court was established in Bhopal and its building was situated at Shahjahanabad. In 2005, a new Court building was inagurated at Arera Hills, Bhopal. This Court, spread over, approximate 7 acres, is a splendid work of architecture, hailed as one of the best Court buildings not only in India but also in Asia. 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This act has been made in accordance to increasing complaints against the builders or promoters and the real estate agents. These complaints are mainly regarding the late possession of a house to the buyer, irresponsible behaviour of promoters after the signing of the agreement and many such issues. RERA is a government body whose sole purpose is to safeguard the interest of buyers as well as lay a path so that the promoters and the real estate agents get a chance to come up with good services. STATUS: 1. What is the status of the Act? The Real Estate Bill was passed by the Rajya Sabha on 10th March, 2016 and the Lok Sabha on 15th March, 2016, assented to by the President on 25th March, 2016, and published in the Official Gazette on 26th March, 2016. 2. When did the Act come into force? Section 2, sections 20 to 39, sections 41 to 58, sections 71 to 78 and sections 81 to 92 were notified by the Central Government to come into effect from 1st May, 2016. 3. Why have some sections of the Act not been notified yet? Some sections of the Act have not been notified yet, as the institutional structures, namely the establishment of the Regulatory Authority etc., which are necessary prior to their enforcement have not yet been operationalised in all States. For e.g. projects can only be sold after they are registered with the Authority. In Madhya Pradesh the Rules were notified on 22nd October 2016 and the Authority established on 15th December 2016. 4. When would the remaining sections of the Act come into force? Sections 20 and section 43 provide that the Authority and the Appellate Tribunal need to be established within 1 year of the commencement of the Act. The said sections were notified for commencement on 1st May, 2016. Sections of the Act which have not been notified yet, would be notified latest by 30 April 2017. OBJECTS AND REASONS: 5. What was the need for a regulatory law for the real estate sector? The real estate sector has grown in the recent years but has largely been unregulated from the perspective of consumer protection. Though consumer protection laws are available, the recourse available therein are only curative, not preventive. This has affected the overall development of the sector due to absence of professionalism and standardization. 6. What are the objects and reasons for which the Act has been framed? The Real Estate Act is intended to achieve the following objectives: a) ensure accountability towards allottees and protect their interest; b) infuse transparency, ensure fair-play and reduce frauds & delays; c) introduce professionalism and pan India standardization; d) establish symmetry of information between the promoter and allottee; e) imposing certain responsibilities on both promoter and allottees; f) establish regulatory oversight mechanism to enforce contracts; g) establish fast- track dispute resolution mechanism; h) promote good governance in the sector which in turn would create investor confidence. RERA Advocates RERA Lawyers Bhopal Madhya Pradesh, Real Estate (Regulation and Development) Act, 2016 Bhopal Advocate Bhopal Lawyers Best Lawyers Advocates AJAY GAUTAM, Advocate Phone: 09993698595, 07974026721 The Real Estate (Regulation and Development) Act is expected to bring transparency and accountability in the realty sector and ensure consumers will not be cheated or taken for a ride by the developers. The act will also ensure that consumers won’t have to endure late deliveries. Homebuyers can approach consumer court as well as RERA if real estate projects delayed. While hearing a case, Supreme Court ruled that homebuyers can approach consumer forum as well as RERA if a builder fails to deliver a real estate project on time. “Section 79 of the RERA Act does not in any way bar the Commission or Forum under the provisions of the Consumer Protection Act to entertain any complaint.” What the judgement says “It is true that some special authorities are created under the RERA Act for the regulation and promotion of the real estate sector and the issues concerning a registered project are specifically entrusted to functionaries under the RERA Act. But for the present purposes, we must go by the purport of Section 18 of the RERA Act. Since it gives a right “without prejudice to any other remedy available’, in effect, such other remedy is acknowledged and saved subject always to the applicability of Section 79…,” the court held. The provision that provides us to transfer case from District Consumer forum or State Consumer Commission to RERA? Sec 71 (1) of the RERA Acts says: “Provided that any person whose complaint in respect of matters covered under sections 12, 14, 18 and section 19 is pending before the Consumer Disputes Redressal Forum or the Consumer Disputes Redressal Commission or the National Consumer Redressal Commission, established under section 9 of the Consumer Protection Act, 1986, on or before the commencement of this Act, he may, with the permission of such Forum or Commission, as the case may be, withdraw the complaint pending before it and file an application before the adjudicating officer under this Act.” कोर्ट मैरीज कैसे करें “Court Marriage Procedure In Hindi” What is court marriage rules? A court marriage is performed without any discrimination on the basis of caste, color, religion, or creed. The parties who are belonging to two different religions are also eligible for court marriage. Simply a court marriage means solemnizing of marriage according to law. क्या है कोर्ट मैरिज के नियम? दोनों प्रकार के विवाहों के लिए, विवाह पंजीकरण प्रमाणपत्र कानूनी साक्ष्य है कि एक जोड़ा विवाहित है। 2006 में, सुप्रीम कोर्ट ने महिलाओं के अधिकारों के संरक्षण के लिए विवाह को पंजीकृत करना अनिवार्य कर दिया। इसलिए शादी के बाद मैरिज रजिस्ट्रेशन सर्टिफिकेट हासिल करने के कई फायदे हो सकते हैं। भारत के सर्वोच्च न्यायालय ने 2006 में, सभी विवाहों को पंजीकृत करना अनिवार्य कर दिया। भारत में, विवाह या तो हिंदू विवाह अधिनियम, 1955 या विशेष विवाह अधिनियम, 1954 के तहत पंजीकृत किया जा सकता है। … भारत में विवाह के लिए पात्र होने के लिए, पुरुषों के लिए न्यूनतम आयु 21 वर्ष और महिलाओं के लिए 18 वर्ष है। What is difference between court marriage and registered marriage? Image result for court marriage For both the types of marriages, a marriage registration certificate is the legal testimony that a couple is married. In 2006, the Supreme Court made it compulsory to register the marriage for preserving the women’s rights. Hence, gaining a marriage registration certificate after marriage can have many benefits. One day or two day court marriage is not possible, the special marriage act notice period is of one month and there is requirement of id proof and residence proof. … If you can arrange all the documents of yourself and your fience and submit in court and after 30 days you may marry. What are the benefits of court marriage? Image result 5 reasons why you should consider having a court wedding They save money. … Court weddings are less stressful. … You’ll have legal security. … Court marriage is fast. … There’s no dress code for court weddings. Court marriages don’t involve many rituals and ceremonies. It is an official process that can be completed within a few hours if you have all your documents and witnesses ready with you. Henceforth, court marriage in India is totally hassle-free if you are eligible for court marriage. Court marriage age: The man intending to be married shall not be under 21 years, and the age of the woman planning to be married shall not be under 18 years. As of now, while the legal age of marriage in India is 18 years for girls, it is 21 for boys. Court marriage documents list: Duly filled the application form. … Proof of Date of Birth. … Proof of residence. … Affidavits from bride and groom separately stating: … Passport size photos of both the bride and groom. … In case of a widower. … In case of divorce. … Proof of residence of all 3 witnesses. The bride should be at least 18 years of age and the groom should be of 21 years of age. The parties should not be of unsound mind. They should not be unable to give valid consent at the time of marriage. Both parties should not suffer from any kind of insanity or mental disorder. Minimum Age of the male or groom must be 21 years. He must have to bring- National ID card or School Certificates for example-SSC/JSC/JDC certificates or Passport or Birth Certificate. Note that no affidavit without those certificates shall be accepted to render the proper age. Application form (notice in the form specified) duly filled and signed by the bride and the groom. Documentary evidence of the date of birth of both the parties (matriculation certificate/ passport/ birth certificate) Receipt of fees paid with respect to the application form in the Marriage Rigistrar office. A marriage certificate is an important document to have for married couples in India. It serves as the legal proof of marriage between two individuals. Getting their marriage registered and having a marriage certificate is necessary for married couples in order to avail a number of services/facilities in the country. What Is Marriage Registration Act in India? Image result for marriage registration act The Supreme Court of India, in 2006, made it mandatory to register all marriages. In India, a marriage can either be registered under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. … To be eligible for marriage in India, the minimum age is 21 years for males and 18 years for females. What is difference between a Lawyer and an Advocate? A Lawyer is a general term used to describe a legal professional who has attended law school and obtained a Bachelor of Law (LLB) degree. An advocate is a specialist in law and can represent clients in court. Law practitioners in India are called Advocates. An Advocate is one who has obtained a Bachelors of Law (LL. B.) degree and is admitted to the Bar in any state in India. In order to practice Law as an advocate or barrister or solicitor, the legal professional should be enrolled with the Bar Council of India. 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