Grievance Arbitration - Law Dictionary Search Results
Home Dictionary Name: grievance arbitration Page: 7Interrogatories
Interrogatories, written questions addressed on behalf of one party to a cause, before the trial thereof, to the other party, who is bound to answer them in writing upon oath.In the Courts of Equity either party could from very early times interrogate the other. In the Courts of Law this power was first given by the (English) Common Law Procedure Act, 1854, s. 51, which, however, only allowed it to be exercised by leave of the Court or a judge. Under the present practice interrogatories can only be administered in the High Court by leave of the Court, i.e., a Master at Chambers, and the particular questions proposed to be asked must be submitted for his approval; a sum, generally 5l., may be ordered to be paid into Court as security for costs. See R.S.C. 1883, Ord. XXXI., and consult Bray or Ross on Discovery. As to interrogatories in the County Courts, see C.C. Rules, 1903, Ord. XVI. An order for interrogatories cannot be made in an arbitration under the (English) Workmen's Compensati...
Lands Clauses Consolidation Act, 1845, (English)
Lands Clauses Consolidation Act, 1845, (English) (8 & 9 Vict. C. 18), amended by 23 & 24 Vict. C. 106, and 32 & 33 Vict. c. 18, applicable to England and Ireland, the Public Act of Parliament whereby railway companies and other public bodies, authorised by special Act of Parliament to take the land of individuals for the purpose of such special Act, enter upon and make compensation for the land. Ss. 3 and 5 apply this general Act to every undertaking established by any special Act passed after its date by which the purchase or taking of lands for such undertaking is authorised and incorporate the general Act with such special Act except when or in so far as it is expressly excluded.The (English) Acquisition of Land (Assessment of Compensation) Act, 1919 (15 & 16 Geo. 5, c. 59), varied the principles of compensation provided by the Lands Clauses Acts upon compulsory purchase by a Government Department or a local or public authority, inter alia, compensation under the Act of 1919, is to ...
Legal proceeding
Legal proceeding, the 'legal proceeding' means any proceeding or enquiry in which evidence is or may be given and includes an arbitration. On this wide coverage, a proceeding under section 46 of the Trade Marks Act is a legal proceeding, Pt. Ram Avtar Sharma v. Pt. Chakradhar Saran Sharma, AIR 1971 All 157....
Matter in difference
Matter in difference, in cases relating to arbitration, the expression 'matters in difference' does not mean a reference of all possible matters, but of all matters which are brought before the arbitrator, Rees v. Waters, 153 ER 1187....
Not yet become binding on the parties
Not yet become binding on the parties, the expression 'not yet become binding on the parties' in Article V(1)(e) of the New York Convention postulates that the Convention has visualised as award which becomes binding at a point of time later than the making of the award. In other words the provision has in its contemplation the fact that an award in some cases 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 Convention and the question will have to be answered whether the award has become binding on the parties or has not yet become binding on the parties. The test has to be applied in the context of the law of the country governing the arbitration proceedings or the country under the law of which the award was made, Oil and Natural Gas Commission v. Western Company of North America, AIR 1987 SC 674 (684): (1987) 1 SCC 496: (1987) 1 S...
Interest
Interest, an interest for the purposes of the regula-tion was not limited to a direct financial interest and included membership of a panel such as the panel of which the claimant's solicitors were members that, therefore, the Claimant's Solicitors had had an interest in recommending the insurance which they recommend to her; that, in the circumstances, there had not been sufficient disclosure of that interest; and that, accordingly, there had been a material breach of regulation 4(2)(e)(ii) and the conditional fee agreement was unenforceable [See (English) Conditional Fee Agreements Regulation, 2000 (SI 2000/692), reg. 4(2)(c)(e)(ii)], Garrett v. Halton BC, (2007) 1 WLR 554 CA Cir.Interest, inter alia as the compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; especially, the amount owed to a lender in return for the use of the borrowed money [Black's Law Dictionary (7th Edn.) pp. 393-94 para 3...
Obvious error
Obvious error, obvious error must be suchwhich can be amended without affecting thedecision, Visakapatnam Municipal Corporation v. K. Satyanarayana, (1955) 2 SCC 385 (386). [Arbitration Act, 1940, s. 15(b)]...
Or is otherwise invalid
Or is otherwise invalid, the words 'or is otherwise invalid' in clause (c) of s. 30 are wide enough to cover all forms of invalidity including invalidity of the reference, Union of India v. Om Prakash, (1976) 4 SCC 32: AIR 1976 SC 1745 (1749). [Arbitration Act, 1940 s. 30(c)...
Panel
Panel [fr. panellum, Lat.; panneau, Fr., a square or panel]. 1. A little part, or rather a schedule or page, containing the names of such jurors as the sheriff returns to pass upon a trial; and empannelling a jury is nothing but the entering them into the sheriff's roll or book, Jac. Law Dict.; Co. Litt. 158 b.2. In Scots law, the accused person in a criminal trial after appearance in court.3. Panel of Arbitrators, the name given to the permanent Court or Tribunal established under the Hague Arbitration Convention.The term is often applied to the list of such medical practitioners as have agreed to administer the Medical Benefit under the National Health Insur-ance Acts. Those entitled to be treated by such a medical practitioner are popularly called 'panel-patients,' and the word is used to denote a list of any authoritative persons or consultants where determination or advise is required by statute, e.g., arbitrators under the (English) Acquisition of Land (Assessment of Compensation...
Umpirage
Umpirage, friendly decision of a controversy; arbitration.1. The office or authority of an umpire 2. The decision (such as an arbitral award) of any umpire, Black's Law Dictionary, 7th Edn., p. 1525....
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