Interest Arbitration - Law Dictionary Search Results
Hague conference
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
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
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
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Taking any other step in the proceeding
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
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.
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
Without prejudice
the arbitrator that a dispute raised or the claim made by the contractor was not covered by the arbitration clause, Tarapore and Co. v. Cochin Shipyard Ltd., AIR 1984 SC 1072 (1087): (1984) 2 SCC 680. (Arbitration
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
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
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
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