NOC for Transfer of Property from Legal Heirs

A no objection certificate or NOC is a very important document that establishes the legality of a particular transaction.  INTRODUCTION What is a No Objection Certificate? A No Objection Certificate (NOC) is a document granting consent for the purchase or construction of property to a person or a company. Applicants must get a No Objection... Continue Reading →

Can a Gift Deed be Challenged in India ?

What is a Gift Deed? A gift deed is a legal document that can be used to transfer immovable property in accordance with section 122 of the Transfer of Property Act, of 1882. A gift deed includes information about the property, the transferrer, and the recipient, similar to what a sale deed does. However, it permits... Continue Reading →

Things to be aware in Builder – Buyer Agreement

A builder-buyer agreement is a document which specifies the modalities, conditions and clauses between a builder and a homebuyer. The builder-buyer agreement contains clauses referring to the property in question, delivery information, and terms relating to default and late project delivery, among other things. At one point, delayed real estate projects affected the Indian real... Continue Reading →

COURT ASSISTANCE IN ARBITRATION

Is it necessary to the court to assist the Arbitration Yes, it is necessary sometimes, to assist the arbitration proceedings because, sometimes, parties don’t cooperate with the Arbitral Proceedings. Whether in the step of evidence, they don’t produce documents, or proofs regarding to the case or dispute or they don’t come to the tribunal, due... Continue Reading →

STATEMENT OF CLAIMS : ARBITRATION

Intrоduсtiоn The  stаtement  оf  сlаim  аnd  the  stаtement  оf  defenсe  аre  the  рrimаry  filings  оf  the  аrbitrаtiоn  рrосeedings.  The  сlаimаnt  submits  а  ‘stаtement  оf  сlаims’  (sос)  befоre  the  аrbitrаl  tribunаl.  Thrоugh  the  sос,  the  сlаimаnt  рrоvides  the  fасts  suрроrting  his  сlаims,  the  роints  оf  issues,  аnd  the  reliefs  sоught.  Оn  the  оther  hаnd,  the  resроndent ... Continue Reading →

DETERMINATION OF RULES OF ARBITRAL PROCEDURE

Determinаtiоn  оf  rules  оf  рrосedure. 1.      The  аrbitrаl  tribunаl  shаll  nоt  be  bоund  by  the  соde  оf  сivil  рrосedure,  1908  (5  оf  1908).  Оr  the  indiаn  evidenсe  асt,  1872  (1  оf  1872). 2.      Subjeсt  tо  this  раrt,  the  раrties  аre  free  tо  аgree  оn  the  рrосedure  tо  be  fоllоwed  by  the  аrbitrаl  tribunаl  in  соnduсting ... Continue Reading →

ARBITRATION PROCEDURE

INTRODUCTION The judiciary system is failing to give a speedy decisions to the parties. Approximately 2 crore cases were pending in India. Assume that without taking present cases and deals with past cases, it will take 7 years to clear the cases. So, to solve this issue, the arbitration is involved in this system to... Continue Reading →

ARBITRAL AWARD

An arbitration award awarded to an arbitrator may be challenged under Section 34 of the Act on application only on the basis of the reasons stated therein and as follows:⦁ The party was less likely to make an application;⦁ The arbitration agreement reached by the parties was invalid;⦁ The applicant party has not been given... Continue Reading →

ARBITRATION AGREEMENT

Arbitration is considered as another process of dispute resolution in which mediation and conciliation are involved. It is regarded as an international trade fair where two parties from two different countries consult an international arbitrator by mutual agreement or arbitration and settle their dispute accordingly. Another dispute resolution process has gained momentum over the past... Continue Reading →

Enforcement of Foreign Arbitral Award

Table of Content :- IntroductionHistorical backgroundEnforcement of Arbitral AwardProcedureJurisdictionForum for Enforcement of Foreign AwardTime LimitConclusion Introduction An arbitral award refers to the decision of an arbitral tribunal, whether in a domestic or international arbitration, including any interim awards thereunder. In India, enforcement and execution of arbitral awards are governed both by the Arbitration and Conciliation... Continue Reading →

Application and Scope of Conciliation 

Introduction The term conciliation is not defined in the Arbitration and Conciliation Act. However, in simple terms, conciliation is a confidential, voluntary and private dispute resolution process in which a neutral person helps the parties to reach a negotiated settlement. This method provides the disputing parties with a chance to take into consideration options facilitated... Continue Reading →

Difference between Arbitration and Conciliation

Primary difference between arbitration and conciliation is that arbitration is the process by which parties select an independent person, who renders a decision regarding the case. Conversely, conciliation attempts to make parties come to an agreement, about the problem at hand. Industrial Disputes are always harmful to all stakeholders – employees, society, management, government, etc.... Continue Reading →

ARBITRAL TRIBUNAL

"Arbitral tribunal" means a sole arbitrator or a team of arbitrators. An arbitral tribunal is a panel of one or more arbitrators which is convened and sits to resolve a dispute through arbitration. The tribunal may consist of a two or more arbitrators, or there may sole arbitrator, which might include either a chairman or... Continue Reading →

ALTERNATE DISPUTE RESOLUTION

Alternative Dispute Resolution (ADR) is a strategy for resolving disputes and disagreements between parties by reaching an amicable / peaceful settlement through negotiation and discussions. It is an attempt to establish an alternative to conventional dispute resolution. The ADR system provides assistance in resolving business and other issues where it is not possible to initiate... Continue Reading →

Court Intervention in ADR

What do you understand by Arbitration? "Arbitration" is a dispute settlement process between two or more parties. It is the objective through which conveyed by a Contract or Agreement. In this, parties agree to resolve their conflicts, utilizing mediation or conciliation.    The Arbitration and Conciliation Act, 1996 of Section 2 defined Arbitration as (a)... Continue Reading →

ARBITRATION PROCEDURE

Section 21 of the Arbitration and Conciliation Act, 1996 provides the rules governing the commencement of proceedings. It gives the parties the freedom to agree and decide when the arbitration process can officially begin. But in the absence of such an agreement or when the parties fail to reach an agreement, the trial may begin... Continue Reading →

APPOINTMENT OF AN ARBITRATOR 

The appointment of an arbitrator is provided for under Section 11 of the Act. The law provides for full freedom for the parties to appoint an arbitrator of any nationality unless agreed to by the parties. However, in the event of a failure to appoint an arbitrator concerned they may go to court to appoint. ... Continue Reading →

Appeal under Arbitration and Conciliation Act,1996

Table of Contents : AbstractWhat does “ Appealable Order ” means?Who can Appeal?Jurisdiction of Courts regarding ‘ Appeal ’.Conclusion Abstract Arbitration and Conciliation is the blooming section of Law. Companies, Corporate Houses, Businesses are mostly opting for ‘ Out of Court Settlement ’ known as Arbitration, Mediation, Conciliation. The act has its own set of... Continue Reading →

Interim Measures By the Court [Section 9 of the A&C Act]

Table of Contents : IntroductionWhat does Interim Measures means?Interim Relief Under Section 9 of the Act.Jurisdiction of Court for the application of Section 9.Enforceability and appeal against interim relief granted under section 9.ConclusionCase Laws on Section 9 Introduction Arbitration and Conciliation Act is effective and interrogative part of Alternative dispute resolution system accepted universally. Arbitration... Continue Reading →

Provisions regarding setting aside an Arbitral Award [Sec 34 of A&C Act,1996]

Table of Content : AbstractIntroductionMeaning of ArbitrationBenefits of an Arbitration proceedingApplication to Set aside an arbitral award.GroundsLimitationAmendmentsConclusion Abstract Arbitration is a process where parties to an agreement settle any dispute amongst them outside the court through Arbitral Tribunal. Arbitration is one of the most used processes of Dispute Resolution in India. The arbitration law in... Continue Reading →

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