Arbitration - Law Dictionary Search Results
Home Dictionary Name: arbitration Page: 5major dispute
major dispute : a labor dispute that pursuant to the Railway Labor Act concerns the making or modification rather than the interpretation of a collective bargaining agreement called also new contract dispute; compare minor dispute NOTE: Under the Railway Labor Act, which is also referred to in airline cases, a major dispute must go to mediation or arbitration if necessary. ...
alternative dispute resolution
alternative dispute resolution : a forum or means for resolving disputes (as arbitration or private judging) that exists outside the state or federal judicial system ...
dispute
dispute dis·put·ed dis·put·ing vi : to engage in a dispute [disputing with management over contract terms] vt : to engage in a dispute over [disputing the correct application of the contract provision] ;esp : to oppose by argument or assertion [disputed changes to the grievance procedure] dis·put·able [di-spyü-tə-bəl, dis-pyə-tə-bəl] adj n : an assertion of opposing views or claims : a disagreement as to rights ;esp : one that is the subject of proceedings for resolution (as arbitration) ...
Bias
Bias [adopted from Fr. biais, oblique]. The law will not suppose a possibility of bias in a judge, who is already sworn to administer impartial justice, and whose authority greatly depends upon that presumption and idea, 3 Bl. Com. 361. See R. v. Cork Justices, (1910) 2 Ir. R. 271.The word 'bias' in popular English parlance stands included within the attributes and broader purview of the word 'malice', which in common acceptation mean and imply 'spite' or 'ill-will'.Mere general statements will not be sufficient for the purposes of indication of ill-will. There must be cogent evidence available on record to come to the conclusion as to whether in fact there was existing a bias which resulted in the miscarriage of justice, Kumaon Mandal Vikas Nigam Ltd. v. Girja Shankar, AIR 2001 SC 24. [Constitution of India, Arts. 226, 14]Bias may be defined as a pre-conceived opinion or a pre-disposition or pre-determination to decide a case or an issue in a particular manner, so much so that such pr...
Arbitrator
Arbitrator, includes an umpire. [Industrial Disputes Act, 1947 (14 of 1947), s. 2 (aa)]Arbitrator is a neutral person who resolves disputes between parties, esp. by means of formal arbitration, Black Law Dictionary 7th Edn., p. 100....
Arbitral award
Arbitral award, includes an interim award. [Arbitration and Conciliation Act, 1996 (26 of 1996), s. 2(1)(c)]...
Arbitral Tribunal
Arbitral Tribunal, means a sole arbitrator or a panel of arbitrators. [Arbitration and Conciliation Act, 1996 (26 of 1996), s. 2(1)(d)]...
Before
Before, the word 'before' means, inter alia, 'ahead of'; in presence or sight of; under the consideration or cognisance of. The two events sought to be interconnected by use of the term 'before' must have proximity of relationship by reference to occurrence; the later event proximately following the preceding event as a foreseeable or 'within-sight' certainty, Firm Ashok Traders v. Gurumukh Das Saluja, (2004) 3 SCC 155 (168): AIR 2004 SC 1433. (Arbitration and Conciliation Act, 1996, s. 9)...
But not thereafter
But not thereafter, As far as the language of s. 34 of the 1996 Act is concerned, the crucial words are 'but not thereafter' used in the proviso to sub-s. (3). This phrase would amount to an express exclusion within the meaning of s. 29(2) of the Limitation Act, and would therefore bar the application of s. 5 of that Act. To hold that the court could entertain an application to set aside the award beyond the extended period under the proviso, would render the phrase 'but not thereafter' wholly otiose, Union of India v. Popular Construction, (2001) 8 SCC 470. [Arbitration and Conciliation Act, 1996, s. 34(3)]...
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
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