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In relation to arbitral proceedings

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.

Notice

relief could not be given to the purchaser (who had become affected with notice of a town planning resolution registered in a local land charges registry without disclosure by the vendor), as the registered incumbrance (if it

Spielberg Doctrine

regarding a contract dispute if the arbitrator's decision was not repugnant to the National Labor Relations Act, the arbitration proceedings provided a hearing as fair as would have been provided before the NLRB, and the contract required

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Convention award

Convention award, is defined as an award made in pursuance of an arbitration agreement in the territory of a state, other than the United Kingdom, which is a party to the

Misconduct

to serve, M.M. Malhotra v. Union of India, AIR 2006 SC 80. Misconduct under s. 30(a) of the Arbitration Act, 1940 has not a connotation of moral lapse. It comprises legal misconduct which is complete if the … aims and objects of the statute. Criticism by the appellant of the house tax assessment list prepared and finalised by the Council did not constitute 'misconduct' within the meaning of the expression 'misconduct' occurring in Cl. (e)

In the usual manner

In the usual manner means according to the habi-tual form of arbitration adopted in fact. It does not mean, in accordance with the Arbitration Act, Bright & Bros v. Gibson

Clause, Remedy Barring

Clause, Remedy Barring, which bar the ability to commence and arbitration, donot have the effect of barring the substantive claim. The claimant may still purse that claim through other

Hague Tribunal

The permanent court of arbitration created by the ldquoInternational Convention for the Pacific Settle of International Disputesrdquo adopted by the International Peace Conference

Collyer Doctrine

in labor law under which the National Labor Relations Board will defer an issue brought before it to arbitration if the issue can be resolved under the collective bargaining agreement in arbitration compare spielberg doctrine

Bias

A predisposition to decide for or against one party without proper regard to the true merits of the dispute is bias. Personal bias is one of the three major limbs of bias namely pecuniary bias, personal bias

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