Foreign Award - Law Dictionary Search Results

Not yet become binding on the parties

may become binding only at a later stage. The award which is sought to have been enforced as foreign award will have thus to be tested with reference to the key words contained in Article V(1)(e) of the

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Commercial

and Trading Co. (P.) Ltd. v. Boeing Co., AIR 1994 SC 1116 (1139). [Foreign Awards (Recognition and Enforcement) Act, (45 of 1961), s. 27] … in nature', R.M. Investment and Trading Co. (P.) Ltd. v. Boeing Co., AIR 1994 SC 1116 (1139). [Foreign Awards (Recognition and Enforcement) Act, (45 of 1961), s. 27]

Arbitration

and by s. 4 if any party to a submission [including an agreement to refer disputes to a foreign tribunal, Kirchner v. Gruban, (1909) 1 Ch 413], commences any legal proceedings [including those by counterclaim, Chappell v. … criminal nature, may be referred to arbitration; but at Common Law there was no mode of making the award binding. This defect was first cured by the statute 9 & 10 Wm. 3, c.15, which enabled parties

Res judicata

between the parties, and the issue cannot be raised again. The judgment may have been given by a foreign Court, Tarleton v. Tarleton, 4 M&S 21. A matter which is res judicata cannot be further gone into; … PC, 1908, s. 11) A thing adjudicated, Black's Law Dictionary, 7th Edn., p. 1312. Means a judgment, decree, award or other deter-mination that is considered final and bars relitiga-tion of the same matter, Southeast Mortg Co. v.

New trial

New trial. If any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram … after two concurring verdicts. (10) Where a party has been taken by surprise. A new trial may be awarded for the same causes, after inquiry before the sheriff, as after a verdict. As to time and manner

Negligence

See CAMPBELL'S (LORD) ACTS. These Acts apply as well for the benefit of the representatives of a deceased foreigner as for those of a British subject, at all events if the wrong-doer is not a foreigner, Davidson … Fatal Accidents Acts, 1846-1908, so as to include adopted and illegitimate children among dependants, and damages may be awarded in respect of funeral expenses. This Act has to a great extent revolutionized the application of the principle

Judgment

of Judgments, Chit. Stat., tit. 'Judgment and Execution' and 'Land Charges'; and see ESTOPPEL; CONTRACTS OF RECORD; ELEC-TION; FOREIGN JUDGMENT. The word 'judgment' is also used to denote the reasons given by the court for its decision. … subjects of such judgments as MANDAMUS; INJUNC-TION, etc. (b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be. By the (English)

Habeas corpus ad subjiciendum

writ of habeas corpus shall issue out of any of the courts in England into any colony or foreign dominion of the Crown where his Majesty has a lawfully established Court of justice, having authority to grant … of the King's Bench Division of the High Court 'shall, upon probable and reasonable ground for such complaint award in vacation a writ of habeas corpus,'directed to the person in whose custody the party is, returnable immediately.

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