Grievance Arbitration - Law Dictionary Search Results
Home Dictionary Name: grievance arbitration Page: 4Hague 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....
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....
Notice
Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a) const. 56 Indian Evidence Act]Constructive notice may be subdivided into: (a) where the facts of which actual evidence is supplied give rise to a further enquiry which a man exercising ordinary caution would make equity has added constructive notice of the facts, which that inquiry would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of avoiding notice. See CONSTRUCTIVE NOTICE.A purchaser with notice may protect himself by purchasing the title of another bona fide purchaser for a valuable consideration without notice; for, otherwise, ...
Spielberg Doctrine
Spielberg Doctrine [after the Spielberg Manufacturing Company, subject of an unfair labor practice complaint that prompted the formation of the doctrine] : a doctrine in labor law: the National Labor Relations Board will defer to an arbitrator's decision 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 binding arbitration compare collyer doctrine ...
Without prejudice
Without prejudice, a phrase used in offers, in order to guard against any waiver of right; also for the purposes of negotiating a compromise. See PRE-JUDICE, WITHOUT.With loss of all rights; in a way that finally disposes of party's claim and bars any future action on the claim, Black's Law Dictionary, 7th Edn., p. 1596.The expression 'without prejudice' means; (1) that the matter had not been decided on merits, and (2) that fresh proceedings according to law were not barred, Superintendent (Tech. I) Central Excise v. Pratap Rai, AIR 1978 SC 1244 (1246): (1978) 3 SCC 113: (1978) 3 SCR 729; I.D.D., Jabalpur v. Pratap Rai, 1978 SC 1244 (1246).The classic definition of the phrase is contained in the judgment of Lindley, L.J. in Walker v. Wilsher, 1889 (23) QBD 337.What is the meaning of the words 'without pre-judice'? I think they mean without prejudice to the position of the writer of the letter if the terms he proposes are not accepted. If the terms proposed in the letter are accepted a...
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 & Co., (1916) 32 TLR 533....
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