Arbitration - Law Dictionary Search Results
Home Dictionary Name: arbitration Page: 3Tribunal
Tribunal, includes, within its ambit, all adjudicating bodies, provided they are constituted by the State and are invested with judicial, as distinguished from purely administrative or executive functions, Durga Shankar Mehta v. Thakur Raghuraj Singh, AIR 1954 SC 520: 1954 SCJ 723: (1954) 2 Mad LJ 385.Tribunal, labour court is not a tribunal, State of Assam v. Harizon Union, AIR 1967 SC 442: (1967) 30 FJR 354.Means a court or other adjudicating body, Black's Law Dictionary, 7th Edn., p. 1512.Means the Maharashtra Sales Tax Tribunal constituted under s. 11. [Maharashtra Value Added Tax Act, 2002, s. 2(31)]Means the Registrar or, as the case may be, the Appellate Board, before which the proceeding concerned is pending. [Trade Marks Act, 1999 (47 of 1999), s. 2(1)(ze)]1. A court or other adjudicatory body 2. The seat, bench or place where a judge set, Black's Law Dictionary, 7th Edn.The seat of a judge; a Court of justice.As defined by s. 2(r) of the Industrial Disputes Act, 1947, as amen...
Conciliation
Conciliation, the settling of disputes without litigation, as (1) disputes between railway companies and freighters of goods, by the Minister of Labour under s. 31,commonly called the 'conciliation clause,' of the (English) Railway and Canal Traffic Act, 1888 (51 & 52 Vict. c. 25); or (2) disputes between employers and workmen by a conciliator appointed by the Minister of Labour under the Conciliation Act, 1896 (59 & 60 Vict. c. 30), as amended by the (English) New Ministers and Secretaries Act, 1916 (6 & 7 Geo. 5, c. 68), s. 2, and S.R. & O. 1917, No. (46), p. 419. The Minister is empowered to register 'conciliation boards' for a similar purpose. The Conciliation Act repealed the (English) Masters and Workmen (Arbitration) Act, 1824, the (English) Councils of Conciliation Act, 1867, and the (English) Arbitration (Masters and Workmen) Act, 1872, the Act of 1824 not having been enforced for half a century and the Acts of 1867 and 1872 not having been enforced at all. Consult Howell's Ha...
Hague conference
Hague conference. A conference of representatives of different States to consider the question of international peace and kindred subjects. So called because the place of meeting has been The Hague in South Holland (Netherlands). The first Hague Conference was the outcome of a circular letter of the Czar of Russia handed to all the foreign representatives accredited to the Court of St. Petersburg on the 24th August, 1898, and as a result the first Peace Conference met on 18th May, 1899. This conference brought about the creation of a Permanent Court of Arbitration, and each of the Powers signing the Hague Arbitration Convention could appoint four persons, who constituted a panel or general list of arbitrators from which as occasion arises selection can be made. The Hague Arbitration Court has dealt with complicated international disputes. A second Peace Conference met at the Hague on 18th June, 1907. Consult Higgins, Hague Conference.Means the convention on the service Abroad of Judici...
In a reference
In a reference, The phrase 'in a reference' in s. 31(4) of the Arbitration Act, 1940, is comprehensive enough to cover an application first made after the arbitration is completed and a final award made, and the sub-s. vests exclusive jurisdiction in the court in which an application for filing an award has been first made under s. 14 of the Act, Kumbha Mawaji v. Union of India AIR 1953 SC 313 (318): (1953) SCR 878 [Arbitration Act, 1940, s. 31(4) and 34]...
Legal proceedings
Legal proceedings, do not in their ordinary sense at first suggest the commencement of an arbitration. To refer to a person as having commenced legal proceedings does not obviously suggest that an arbitration has been commenced, even although its purpose is to obtain an award as to the relevant legal rights of the parties. Legal proceedings in the ordinary sense of the phrase more obviously refers to proceedings in a court of law, ICL Shipping Ltd. v. Chin Thai Steel Enterprise Co. Ltd. (QBD), (2004) 1 WLR 2254.Means any civil or criminal proceeding or enquiry in which evidence is, or may be given; includes an arbitration, Stroud's Judicial Dictionary, Vol. 2, p. 1439.Means steps or measures adopted in the prosecution or defence of an action, A Dictionary of Law, Willium C. Anderson, 1889, p. 816....
Dispute
Dispute, The meaning of the word 'dispute' is, 'a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other', Canara Bank v. National Thermal Power Corporation, (2001) 1 SCC 43.The term 'dispute' means a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other, Gujarat State Corporation Land Development Bank v. P.R. Mondkad, (1979) 3 SCC 123: AIR 1979 SC 1203 (1207).There should be dispute and there can only be a dispute when a claim is asserted by one party and denied by the other on whatever grounds. Mere failure or inaction to pay does not lead to the inference of the existence of dispute. Dispute entails a positive element and assertion in denying, not merely inaction to accede to a claim or a request, Inder Singh Pekhi v. D.D.A., AIR 1988 SC 1007 (1009): (1988) 2 SCC 338.Once such a claim is made prior to invocation of arbitrati...
alternative dispute resolution (adr)
alternative dispute resolution (adr) Methods of resolving legal disputes without going to trial, in a less adversarial manner, such as through arbitration or mediation. ...
Taking any other step in the proceeding
Taking any other step in the proceeding, means the step must be such as would clearly manifest intention to waive benefit or arbitration agreement, Rachappa Gurudappa, Bijapur v. Gurusiddappa Nananiappa, 1989 (1) SCJ 14.The expression 'taking any other steps in the proceedings' must be given a narrow meaning and be confined to taking steps in the proceedings for resolution of the substantial dispute in the suit, Food Corporation of India v. Yadav Engineer & Contractor, AIR 1982 SC 1302 (1309): (1982) 2 SCC 499: (1983) 1 SCR 95. (Arbitration Act, 1940, s. 34)...
Agricultural Holdings Act, 1923
Agricultural Holdings Act, 1923 (English) (13 & 14 Geo. 5, cc. 9 and 25). By a series of statutes commencing with the Agricultural Holdings Act, 1875, statutory compensation has been provided for an outgoing agricultural tenant in respect of the improvements effected by him during his tenancy. The operation of this Act could be and frequently was excluded by agreement, but now the tenant cannot deprive himself by contract of the right to claim compensation which is conferred on him by the Act, although he may within limits substitute other benefits by agreement. The Act of 1923 (as amended by the Agricultural Holdings Amendment Act, 1923) repeals and consolidates all the earlier statutes dealing with the subject, and confers on outgoing tenants of 'holdings' the rights and benefits briefly outlined below. The term 'holding' means any parcel of land held by a tenant which is wholly agricultural or wholly pastoral, or in whole or in part cultivated as a market garden, and which is not le...
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....
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