Mediator - Law Dictionary Search Results
Home Dictionary Name: mediator Page: 3Mediate testimony
Mediate testimony, secondary evidence, which see....
Mediators of questions
Mediators of questions, six persons authorised by statute, who, upon any question arising among merchants, relating to unmerchantable wool, or undue packing, etc., might, before the mayor and officers of the staple, upon their oath, certify and settle the same; to whose determination therein the parties concerned were to submit, 27 Edw. 3, st. 2, c. 24....
mediate fact
mediate fact see fact ...
Award
Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof shou...
Foreign award
Foreign award, an award in pursuance of an arbitration agreement governed by India Law, if the conditions under s. 44 are satisfied, will not cease to be a foreign award, merely because the arbitration agreement is governed by the law of India, Centrotrade Minerals & Metal Inc. v. Hindustan Copper Ltd., 2006 (2) R.A.J. 531: 2006 (5) JT 507: 2006 (5) SCALE 535: 2006 (6) Supreme 519: 2006 (4) SCJ 217: 2006 (7) SCJD 112: 2006 (20 Arb LR 547. [Arbitration and Conciliation Act, 1996, s. 44 & 2(e)]An award made outside India, even if governed by Indian Law, may be a foreign award but it must satisfy two conditions, viz., that it is made (i) in pursuance of an agreement in writing for arbitration to which the New York Convention applies, and (ii) in one of such territories which the Central Government has notified in the Official Gazette to be a territory to which the New York Convention applies, Centrotrade Minerals & Metal Inc. v. Hindustan Copper Ltd., 2006 (2) R.A.J. 531: 2006 (5) JT 507:...
Reference
Reference was the sending of any matter of inquiry by the Court of Chancery to a chief clerk, a taxing master, or a conveyancing counsel, that he might examine it and certify the result to the court. References in cases involving matters of account were also frequently made to the masters of the Courts of Common Law under the (English) C.L.P. Acts.The Judicature Acts and rules did not repeal the powers of reference to masters under the Common Law Procedure Acts [[(English) Judicature Act, 1873, s. 83] (see now (English) Jud. Act, 1925, s. 125), but made provision for attaching to the Supreme Court permanent official referees, and four official referees were appointed shortly before that Act came into operation. To any of such official referees, or to a special referee, questions arising in an action may, by (English) Jud. Act, 1925, ss. 88, 89, be referred: (1) subject to the right to a jury, for inquiry and report; or (2) where the parties consent, and also without such consent in any...
In respect of any matter be referred to the arbitra-tion
In respect of any matter be referred to the arbitra-tion, the phrase 'in respect of any matter agreed to be referred to the arbitration' in s. 3 of Arbitration Act, 1940 cannot be narrowly construed as covering only the disputes or claims on merits which have been referred to the arbitrators. What matters are agreed to be referred to arbitration will depend upon what language is employed by the parties to the arbitration agreement, Renusagar Power Co. Ltd. v. General Electric Company, AIR 1985 SC 1156: (1984) 4 SCC 679: (1985) 1 SCR 432....
Umpire
Umpire [fr. imperator or impar, Lat.]. A submission to arbitration usually provides that in case of arbitrators not agreeing in an award, the matters in dispute shall be decided by a third person, who is called an umpire. The umpire's authority commences when arbitrators are unable to agree, but if there be a time limited for the award, his authority absolutely commences from such time. the umpire, when called upon to act, is generally invested with the same powers as the arbitrators, and bound by the same rules and has to perform the same duties. See ARBITRATION and ARBITRATOR, and consult Russell on Arbitration.Also an officer appointed by the Crown who may also appoint one or more deputy umpires to hear appeals from Courts of Referee in connection with claims under the Unemployment Insurance Acts; see U.I. Act, 1935 (25 & 26 Geo. 5, c. 8), ss. 40, 44 and 45. See Selected Decisions of Umpire.An impartial person appointed to make an award or final decision usually when a matter has be...
grievance
grievance 1 : a cause of distress (as an unsatisfactory working condition or unfair labor practice) felt to afford a reason for complaint or dispute ;esp : a violation of a collective bargaining agreement usually by the employer 2 : the formal expression of a grievance brought esp. by an employee as the initial step toward resolution through a grievance procedure see also arbitration grievance arbitration at arbitration, mediation ...
Tribunal
Tribunal, includes, within its ambit, all adjudicating bodies, provided they are constituted by the State and are invested with judicial, as distinguished from purely administrative or executive functions, Durga Shankar Mehta v. Thakur Raghuraj Singh, AIR 1954 SC 520: 1954 SCJ 723: (1954) 2 Mad LJ 385.Tribunal, labour court is not a tribunal, State of Assam v. Harizon Union, AIR 1967 SC 442: (1967) 30 FJR 354.Means a court or other adjudicating body, Black's Law Dictionary, 7th Edn., p. 1512.Means the Maharashtra Sales Tax Tribunal constituted under s. 11. [Maharashtra Value Added Tax Act, 2002, s. 2(31)]Means the Registrar or, as the case may be, the Appellate Board, before which the proceeding concerned is pending. [Trade Marks Act, 1999 (47 of 1999), s. 2(1)(ze)]1. A court or other adjudicatory body 2. The seat, bench or place where a judge set, Black's Law Dictionary, 7th Edn.The seat of a judge; a Court of justice.As defined by s. 2(r) of the Industrial Disputes Act, 1947, as amen...
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