Grievance Arbitration - Law Dictionary Search Results
Home Dictionary Name: grievance arbitration Page: 5Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...
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 of 1899 It is composed of persons of known competency in questions of international law nominated by the signatory powers From these persons an arbitration tribunal is chosen by the parties to a difference submitted to the court On the failure of the parties to agree directly on the arbitrators each chooses two arbitrators an umpire is selected by them by a third power or by two powers selected by the parties...
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 New York (Convention: Arbitration Act, 1975, s. 7(1) (UK) Halsbury's Laws of England, Vol. 2, para 715, p. 418....
Collyer Doctrine
Collyer Doctrine [from Collyer Insulated Wire, 192 N.L.R.B. 837 (1971), the ruling that resulted in it] : a 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 ...
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 avenues, such as the High Court, but may not commence and arbitration, Halsbury's Laws of England, Vol. 2, para 652, p. 364....
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)...
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