National and International Council of Arbitration - NICArb

26/08/2014

Non-governmental organisation (NGO)

22/05/2014

National and International Institutes of Corporate Accountants NIICA NOW connected with NICArb

21/05/2014

Overview:

According to recent statistics, in India, the judge population ratio is 12 - 13 judges per million. This is the lowest in the world, as compared to 135 to 150 per 10 lakh people in advanced countries. A study conducted by the Ministry of Law reveals that at the current rate it will take 324 years to dispose of the backlogs of cases in Indian courts. The denial of justice through delay is the biggest mockery of law, but in India it is not limited to mere mockery; the delay in fact kills the entire justice dispensation system of the country. This has led to people settling scores on their own, resulting in a growing number of criminal syndicates and mob justice in various parts of the country and reflecting the loss of people’s confidence in the rule of law. Conflict and Resolution – Concept: Conflict is a part of life. Everyone has differing points of view, and we all need to figure out how to live with each other. No matter how trivial the conflict, it causes serious stress for everyone involved. People with problems, like people with pain, want relief, and they want it as quickly and inexpensively as possible. It is in this context that the Indian Institute of Arbitration & Mediation (IIAM) thought of the possibility of establishing Community Mediation Clinics as an inexpensive option. The motto is; “Resolving Conflicts; Promoting Harmony”. We have to keep in mind is that the legal system is not the place to deal with hurt feelings. Mediation is a process for individuals to resolve disputes during which they make the decisions rather than fight it out through long litigation involving substantial cost. It is also a process that can make for a more peaceful society. Community Mediations helps to maintain peace and solidarity among the members by facilitating settlements among conflicting parties. Community mediation means neighbours helping neighbours to solve problems and resolve disputes. Community mediation also helps in restorative justice through its variety approaches and restoring the offender in community by giving correctional practice thereby giving everyone a second chance. Sometimes victims of crime need answers and apologies more than they need to know perpetrators are being punished; and sometimes offenders need to find out just who they’ve hurt to realize what they’ve done is wrong. There is no conflict without emotion. There can be no resolution of a conflict without addressing the underlying emotions that gave rise to it and sustained it. Restorative justice, particularly community mediation programs, help victims heal

21/05/2014

NICArb Neutrals
NICArb maintain a panel of eminent Neutrals, like Negotiators, Mediators and Arbitrators, who are recognized for their integrity, impartiality, expertise, dispute resolution skills and reputation in their fields. Neutrals from various fields, viz., retired Judges, Lawyers, Defense & Maritime personnel, Chartered Accountants, Company Secretaries, Bankers, Financial Consultants, Engineers, Architects, Doctors, Social Workers, Journalists etc. are empanelled.
The Neutral’s service is appreciated because the prompt and knowledgeable determination of disputes encourages good business relations and relieves courts.NICArb Arbitrators
Experience persons from various fields are empanelled as NICArb Arbitrators. They sit as private judges, selected by the parties to the dispute.
Neutrals come from many occupations, but all have this in common:
They are experts in their own fields,
They are known for their good judgment,
They are respected for their fairness.
If you are a person with integrity, impartiality and expertise with dispute resolution skills and if you wish to be empanelled as NICArb Arbitrator, please furnish your particulars indicating your qualifications, area of specialization in service/ business/ profession, your precise experience*, trainings/ specialization in arbitration etc. to NICArb

21/05/2014

NICArb - An Introduction
The justice dispensing system in India has come under great stress for several reasons, chief of them being the huge pendency of cases in courts underlining the need for Alternative Dispute Resolution (ADR) methods. The Government of India thought it necessary to provide a new forum and procedure for resolving international and domestic commercial disputes quickly.

19/05/2014

Differents between court and arbitration

18/05/2014

NICArb Arbitration
Rule 1 : The Centre
Rule 2 : Application of Rules
Rule 3 : Definitions
Rule 4 : Service Offered By The Centre
Rule 5 : Secretariat Of The Centre
Rule 6 : Governing Council of Arbitration
Rule 7 : Costs and Expenses of Services to be Provided
Rule 8 : Confirmation of Hall Booking
Rule 9 : Cancellation of Hall Booking
Rule 10: Advisory Services
Rule 11: Charges
Rule 12: International Arbitration
Rule 13: Language of Proceedings
Rule 14: Ammendment of Rules
Rule 15: Interpretation of these Rules
Rule 1: The Centre

The is a Centre promoted by the Nani Palkhivala Foundation. The function of the Centre is to provide for resolution of disputes referred to it by the process of Arbitration, as also to provide administrative services relating to Arbitration.

Rule 2: Application Of Rules

These rules shall apply, when the party / parties to a dispute have approached the Centre for administrative assistance only. In all such cases the Centre will not be responsible for appointment of Arbitrators or due conduct of the Arbitral proceedings. The administrative services provided by the Centre will be restricted to the services mentioned herein.

Rule 3: Definitions

In these Rules unless the context otherwise requires, the following words shall mean :
1. “Centre”, shall mean the “ Nani Palkhivala Arbitration Centre” and shall include , the District Centres or branches thereof.
2. “Governing Council for Arbitration” shall refer to the Council constituted under Rule 6 of these rules.
3. “Party” means a party to an Arbitration Agreement and a party that has subjected itself to the jurisdiction of the Centre. It shall include any individual, firm, company, Central or State Government organization, undertaking, non – Governmental organization, a registered society, public or private trust and any other person having capacity to sue and be sued and any foreign Government, in the case of International Arbitration.
4. “Secretariat” shall mean the Secretariat of the Nani Palkhivala Arbitration Centre.

Rule 4: Services Offered By the Centre

1. Advisory services relating to drafting and registering arbitration agreements with the Centre.
2. Administrative services including, but not limited to,
a). engaging Arbitration halls,
b). secretarial and other support staff assistance,
c). any service/s incidental to the conduct of arbitration services.

Rule 5: Secretariat Of The Centre

a). There shall be a Secretariat for the Centre, which shall be headed by the Registrar appointed by the Board of Directors. She/ he shall discharge all functions on the advice and directions of the Board of Directors. The Centre shall appoint as many members to the staff as are required.
b). All applications for matters relating to administrative services of the Centre shall be addressed to and received by the Secretariat of the Centre. The Centre shall render all assistance to ensure smooth conduct of the Arbitral proceedings.
c). The Secretariat shall maintain a register of all applications to the Centre and of awards made. The Secretariat, shall further maintain such other books or memoranda and make such other records or returns, to carry out directions of the Board of Directors, as also the provisions of these rules of the Centre.
d). The Board of Directors may authorize any officer of the Centre, including the Registrar, to discharge such of the functions and administrative duties, as deemed proper and necessary from time to time.
e). The Board of Directors will appoint the officers of the Centre and their service will be governed by the applicable rules framed by the Centre, failing which, by the terms of appointment.

Rule 6: Governing Council Of Arbitration

There shall be a Governing Council for Arbitration (GCFA) for the Centre which shall be responsible for interrupting these rules. Any request for interrupting these rules may be forwarded by the party/ parties to the Governing Council for Arbitration through the Secretariat.

18/05/2014

Arbitration –

We are often faced with the question whether companies or individuals should include an arbitration provision in a contract. Being an arbitration centre, we would naturally advise you to do so, but we would like to explain why. If you include a dispute resolution clause requiring arbitration as the first step in any dispute that may arise,, then any disputes “arising under or relating to” the agreement will be arbitrated.

Benefits of Arbitration

Arbitration avoids the whole process of a lawsuit. An arbitration involves just one or more arbitrators who are professionals trained to evaluate disagreements, and who would eventually rule on yours. They are often retired judges or else experts in different fields – engineering, medicine, etc.
Arbitration is less expensive and quicker by far than a lawsuit. It is a good idea to include this provision in your contracts.

Perceived drawbacks of arbitration

Unlike a court ruling, an arbitration decision cannot be appealed (that’s why it’s called “binding arbitration”) and can be set aside by a judge only if you can prove the arbitrator was biased or the ruling violated public policy. Arbitrators must be paid, so if you choose to use an institution like ours, then the arbitrators’ fees are fixed and capped making it less onerous.
In short, do include an arbitration clause, and specify the institution too – by naming it. This way, you will have access to our expertise, our panel of arbitrators at reasonable fee levels, and the support of our facility

18/05/2014

Arbitration

It is a legal process whereby the parties to the dispute by virtue of a prior agreement, agreed to resolve their disputes by decision of an Arbitrator. The attendance of the parties is compulsory in arbitration.
Should the parties fail to attend, the Arbitrator may proceed in their absence and pass an award on merits and the award of the Arbitrator is final and binding on the parties which can be enforced in the same parlance as that of a Civil Court’s decree.
Even if the aggrieved parties prefer to challenge the award, the award can be set aside only on limited grounds. The parties will not be allowed to re-agitate on factual aspects.

What is Arbitration?

• Final and binding resolution of civil disputes by Arbitrator, chosen by the parties.
• The decision rendered in Arbitration proceedings is binding in nature as such it differs from mediation and other ADR methods.
• Arbitration differs from the courts as it is private, based on an agreement/contractual process.

Why Arbitration?

• Large back log of litigations in the courts.
• To lessen the courts burden.
• Facilitates parties to choose their own procedures.
Advantages of Arbitration
• Flexibility
• Cost savings
• Time saving
• Confidentiality
• Scope of settlement
• Enforceability
Legal sanctity of Arbitration
• Arbitration and Conciliation Act, 1996, sanctifies, arbitration and it’s procedure.
• Section 89 of Civil procedure Code encourages parties to dispute to opt for Arbitration and other ADR mechanisms.
Arbitration Procedures
Duties of Arbitrator
• On accepting the appointment, the arbitrator shall declare in writing to the parties concern that “there is no circumstances exist that give rise to justifiable doubts as to his independence or impartiality”.
• As soon as appointment is made, the arbitrator shall arrange a preliminary meeting/first hearing.
In General
• On claim statement being filed, arbitrator shall ensure that a copy is furnished to the other party.
• On respondent raising objections as to jurisdiction, the Arbitrator, shall decide such objections as preliminarily issue. (Section 16).
• If the jurisdiction is upheld, the respondent shall be given time to file their reply statement and if the reply statement is filed, time will be given to the claimant to file their rejoinder, if any.
• Oral evidence of the parties on specific request (including Chief & Cross Examination).
• Marking of documents.
• Arguments
•Award
• Communication of Award as Certified Copies.
• Retaining of original file with arbitrator until it is called for by courts.
Recording of Proceedings
• The arbitrator shall record the minutes of proceedings in each & every hearing.
• If the parties appear, their signature is to be obtained in the minutes.
• When one of the parties fail to appear, minutes of proceedings has to be communicated with due acknowledgement.
Service of Notice
• Notice served on the parties with due acknowledgement would constitute sufficient service.
• Returned postal covers with remarks ‘Refused’, ‘Unclaimed’ or ‘Not Claimed’ and ‘Intimation Delivered’ which would also constitute sufficient service.
• After service of notice, if the respondent fails to appear, it is recommended to send another notice expressing the arbitrator’s intention to proceed exparte.
• It is also recommended to serve notice through local News Papers, if the claimant could not serve the notice on the respondent by post (i.e., Left, Not Known, Left India ).
• If the notice is returned as ‘expired’ or ‘Deceased’, it is for the claimant to proceed against the legal representatives of the deceased.
• If the parties are represented by either Advocates or Representatives, they shall furnish either ‘vakalat’ or ‘letter of authorization’ signed by the concerned parties.
Dragging of Arbitral Proceedings - Possibilities
a) Objection as to jurisdiction
b) Objection as to qualification of arbitrator
c) Objection as to venue
d) Taking enormous time to file reply/counter

17/05/2014

invite to all law students and lawyers ...

17/05/2014

17/05/2014

coming soon.......