Arbitral Award - Law Dictionary Search Results
Home Dictionary Name: arbitral award Page: 3Dictum
Dictum. An observation as to the law made by a judge in the course of a case, but not necessary to its decision, and therefore of no binding effect; often called an obiter dictum, 'a remark by the way.' Formerly also the award of an arbitrator (dictor)....
functus officio
functus officio [Latin, having performed his duty, having served its purpose] : of no further official authority or legal effect [the warrant… had been returned and was functus officio "Cady v. Dombrowski, 413 U.S. 433 (1973)"] [once an arbitrator makes an award she is functus officio] used esp. of an officer who is no longer in office or of an instrument that has fulfilled its purpose ...
essence test
essence test : a rule in labor law: a reviewing court may set aside an arbitrator's award only if it is unreasonable and does not derive from the collective bargaining agreement ...
Arbitrament
Arbitrament, the award of decision of arbitrators upon a matter of dispute, which has been submitted to them, Termes de la Ley....
Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...
In relation to arbitral proceedings
In relation to arbitral proceedings, The phrase 'in relation to arbitral proceedings' cannot be given a narrow meaning to mean only pendency of the proceedings before the arbitrator. It would cover not only proceedings pending before the arbitrator but would also cover the proceedings before the court and any proceedings which are required to be taken under the old Act for the award becoming a decree under s. 17 thereof and also appeal arising thereunder, N.S. Nayak v. State of Goa, (2003) 6 SCC 56 (62). [Arbitration and Conciliation Act, 1996, s. 85(2)(a)]In relation to arbitral proceedings, cannot be given a narrow meaning to mean only pendency of the arbitration proceedings before the arbitrator, Thyssen Stahlunion GmBH v. Steel Authority of India Ltd., (1999) 9 SCC 334....
Valuation
Valuation, is a process which does not end on marks being awarded by an examiner, Sanjay Singh v. U.P. Public Service Commission, (2007) 3 SCC 720.Means the act or process of valuing, Jensen v. Jensen, 458 NW 2d 391 (1990).This term is generally applied to the equivalent in money of any kind of property. Thus for the payment of estate duty, a valuation of property of all kinds has to be made. Perhaps the most important and the most difficult valuation is that of land. This has almost invariably to be undertaken whenever land is compulsorily acquired. The difficulties that surround this question were fully considered in the case of Re Lucas and Chesterfield Gas and Water Board, (1909) 1 KB 16, in which Lord Justice Moulton in the course of his judgment said (at p. 29):-'The principles upon which compensation is assessed when land is taken under compulsory powers are well-settled. The owner receives for the lands he gives up their equivalent-that is, that which they are worth to him in m...
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